By using this place, you agree to the rules herein

The place to come if you've been with us for years or it's your first time here. General yakking about anything motorcycle related. Think of it as the internet coffeehouse for the UTMC.

By using this place, you agree to the rules herein

Postby DerGolgo » Fri Jun 08, 2018 11:31 am

Because of progressing consumer protection and privacy legislation, we must ask that you accept these terms and rules. You don't have to, just as you don't have to use this website or forum. By continuing to use, you indicate that you do accept all of the following.

First and foremost, that this place is run by an active administrator (aka the administerrerrerr or admin), a backup administrator (who may step in at his discretion), and people with authority to moderate activity on the board (the moderators, or "mods"). The backup administrator is also a moderator, and since he's a quiet chap these days, he'll be included whenever moderators or mods are mentioned in the following.
They have the duty, discretion, and authority to enforce the provisions, terms, and rules you are accepting here.
They also promise and affirm that they will do so.

A few times in this document, there will be mention of an email address, but not of an email address. This is public, it gets indexed by search engines and crawlers, and unsavory persons may also look at it. The administerrerrerr and moderators prefer not getting spammed. Consequently, they are not keen on publishing a working email address with an @ in it. Instead, you will see this: admin at utmc-forum dot org which is the email address to which any communications, inquiries, suggestions, or booty calls intended to reach the admin should be directed.
Confused? It's simple. Imagine someone is reading the cursive and red bits to you out loud, and how you'd type it. The words in red represent the symbols you know from any email address, and you'd obviously type it without spaces to get a working email address. If you feel this is unnecessarily complicated, feel free to voice your protest here: admin at utmc-forum dot org . We appreciate any input and will pay due attention to any concerns.

Next up, you accept:

The UTMC Terms of Use (clicky) and Privacy policy(clicky). Not negotiable, and apply to all comers.

You accept that these terms, rules, and provisions, in the two prior documents and in this document, are presented to explicitly make you aware of the choice you have and the choice you make when using this website and forum. What is stated in these three documents is necessary to run this place, reasonable in a place like this, and certainly independent of any legislation that recently (as of the time of this writing) took effect.
You agree that, if any laws or regulations require that the rules in these three documents be spelled out, that administerrerrerr and moderators may do so, to protect not just themselves, but also this website, forum, and community of people using both, from any legal challenges.
Neither the administerrerrerr, who is running this place on behalf/in place of it's USA based creators and majority of users, nor the moderators, presently recognize that any such challenge, particularly one based on EU law, could be legitimate in the first place. They, and you, the user, chose to comply with such EU law, and are explicitly not doing it because they recognize any coercion, duty, compulsion, or obligation to comply to arise from such EU law.

But wait! There's more! You just can't stop accepting, can you? :mrgreen:
Well, no, no you can't, not if you wish to continue using this website and forum. So, furthermore, you accept:

You accept that you must and affirm that you do, be you a guest or a registered user, trust the administerrerrer and moderators when they promise that they will neither use your data or information in any way that's not reasonably a part of operating this website and forum, will not sell your data or information to any 3rd parties, nor will manipulate your posts or messages or anything like either to put words into your mouth.
If you cannot trust us that far, you really shouldn't be here.
Likewise, you accept that the people running this website and forum act reasonable, acceptable, and in good faith when they trust each other not to violate your trust.
You trust that we will not just respect each other, respect you, and respect the rules we give ourselves, but that we also respect the law, even if we do not accept that it actually applies to this place (like the recent EU law mentioned at the top of this document).
Likewise, we (administerrerrerr and moderators) trust the registered users to refrain from the unacceptable behavior outlined below and let all such users post without prior approval of individual posts or topics. Even if we did have to step in, we'd only know that after something unacceptable has been posted.

Data Storage
Anything and Everything, of any nature, that is stored as part of this website and forum, on our servers, including all user-generated or -contributed content or materials, is stored electronically (well, duh!) and may also be backed up. The latter happens in two ways.

First of all, all the files that make up the website, and which may include some images stored here for some reason or another (attachments, gallery images, stuff the administerrerrerr has cobbled together manually), are backed up automatically every day. These automatic backups are maintained for fourteen days (two weeks). Nothing that is deleted among any of that will disappear from storage quicker than that, though it may remain on our administerrerrerr’s personal computer for a longer time. He must sometimes make a complete copy of the website and forum to test stuff, so that a misplaced / doesn’t break the whole website (that has happened).

Then there is all the “content” of the forum. That being posts, topics, fucks that have been given, private messages sent or received, user profile, some attachments, anything you can do here. That is stored not as files on a webserver, but as a database in our database server. The daily backups can’t touch that. To back that up, a “database dump” must be made, manually, and is saved as a single large file with all the other files on the webserver. So gets backed up every day, again and again, until it is manually deleted. And will then be present somewhere in the backups for another two weeks.
Additionally, that database dump may be necessary for the testing purposes mentioned above, and must therefore end up on the administerrerrerr's personal computer. Which he may or may not clean up in a hurry.
Consequently, if it's "content" in the forum, if it's in the database, there may be multiple copies that must be manually deleted. That may take a while.

The admin promises he will do his best to delete old dumps when they get to being two weeks old. But that may not happen, for technical reasons, or because the site is down and the latest copy just gets that old, or because the admin forgets. Yes, that may happen. The admin doesn’t get paid to run this place, nor is any user asked to pay for it. You will agree that, in turn, you’re gonna cut the admin some slack.

Furthermore, a restoration from backup may not be possible with the latest database dump, like when that has been corrupted. In that case, restoration may happen with an older dump.
In either case, once the forum is restored from a dump, just like when the website is restored from a backup, the forum, or the website, or both, will look like they did when the respective backup and/or dump had been made. Any changes you made between the creation of the backup and/or dump from which the website or forum had been restored, such as posting, or deleting something from your profile, will be undone. Things will once more look like they did when the dump or backup had been made.

If you want to make really, really sure that something deleted is gone for good (particularly anything you deleted yourself from your profile), you should wait two weeks or more (but not too much more, think days and weeks, not months, certainly not years) and check in via admin at utmc-forum dot org (if you are confused, scroll back up, it's explained near the top) to make sure there had been none of the aforementioned kerfuffle. You'll have to, because he won't do it for you. Please check below for limitations of what the administerrerrerr will clean up or delete for you.
As you will see there, what is posted here publicly is to be considered to be fine for permanent display. Consequently, the administerrerrerr reserves the right (it has not yet been necessary to do it, though) to preserve a database dump as a "backup of last resort", and to preserve this indefinitely.
So if you get in touch about wiping out something for good, it's up to you to ask about that, whether such a backup of last resort is being kept around that might contain the offending material you wish to be gone. The administerrerrerr may, at his discretion, choose to update a backup of last resort to a state of the forum where the offending material in question has already been removed. What he discretes or doesn't, though, depends entirely on what you want gone, and why. Reasonable requests will be seriously considered. See below for more details about the deleting of data.

Personal information
Your personal data will not be sold, ever, nor given away freely to anyone who isn't involved with saving somebody's life (such as your own), doesn't have a court order or suchlike legal document, or isn't involved in handling the affairs of an incapacitated user, or in settling a deceased user's estate (and can prove as much). Unless one of those exceptions applies (and possibly not even then), what you do here will only be seen by those you chose as your audience, and possibly by the people who run this place and may have to look.
You decide to register, and what personal information you put in your profile. Chose wisely, because some of it will be visible to the public. All of it will be visible to the administerrerrerr or the moderators, all of it will be stored.
Some things you will be able to delete yourself, such as what you use to flesh out your profile. Some of it you can't delete, like the email address you provided for registration, or your username. The username in particular is pretty much permanent. Convincing the administration otherwise may be possible. Someone did actually succeed. One user. Once. With a pretty spectacular reason, and not too many posts to his old username. So when you pick your username, chose wisely.

IP addresses
The internet isn't new, and you should know what an IP address is, and why it's important.
Most of the stuff you do around here involves your IP address being recorded. IP addresses associated with your username are stored with the associations. Mods and the Admin can see that information.
This recording may cease in the future. But the forum software does it out of the box, it's kinda central to how it works, not easy to turn off, and for now, it will continue.
If you wish to use the forum, but don't wish your personal IP address to be recorded, you can use a VPN or a proxy to anonymize yourself. Your choice.
Deletion of previously recorded IP addresses, if at all possible, would involve massive surgery on the database. So, no, not gonna happen.

The forum software will put delicious cookies on your device and may read and modify them in future. Many browsers will let you disable all cookies, and you can use the forum without them, so it's up to you. Many of the forum's functions, like showing you subforums with unread posts, won't work without cookies, though. They document what you do or don't look at around here, your preferences, a few other things.

Your Debauchery
Anytime you click "debauch", or when you send a private message, or when you Give A Fuck, or when you upload attachments, any time you, the user, submit content of any kind, that submission and the content you contributed there is recorded and stored.
That being the whole idea of an online forum, which exists for the purpose of exchanging user-generated content (aka yelling at each other over trivialities and showing off pics of your bike and all of that jazz).
You decide what the public, or recipients of your private messages, will read and see about you.
You may delete or edit posts for up to 12 hours after initially posting them. After that, you'll have to convince the administerrerrerr why he should correct the past, or send something down the memory hole. He don't much like doing that, mind.

While the administerrerrerr, backup admin and moderators affirm they won't ever put words into anybody's mouth, they reserve the right to remove or truncate, at their discretion, posts, gallery images, attachments, or whatever else you can do around here, that have illegal content, or violate our Terms of Use, or contain personal information of persons other than the user posting them. Ditto if a copyright holder complains about something being a copyright violation (i.e. something that ain't fair use, etc.).

Apart from all of that, contributions are considered to be intended for permanent display to the audience you chose (with posts being public, messages being private, etc.). Blanket removal of a user's posts will likely break a lot of old conversations. So while you can delete anything you had previously chosen to add to your profile, and while the administerrerrerr will delete your contact information and password at your request, blanket removal of your old posts, attachments, gallery photos, and associated information, such as your username, is not going to happen. Think before you post.
Hypothetically, you might be able to make the case why the admin should do the (potentially extensive) database surgery to change the username that's associated with your contributions. He cannot, at present, conceive such a reason that doesn't involve existential threats or such dire business.
Seriously. Think. Before. You. Post.

Social media and other websites
Anyone may, hypothetically, come in here, and directly link, on social media or on any other website, to a contribution of yours. Heck, some ink-stained miscreant might even put it in print! This might include manual or, in the case of social media such as facebook, automated reproduction of part of something you contributed here. We can't really stop or prevent any of that, this place is open to the public.
In part, because we can't stop it from being done anyways, this place also has buttons to share a topic on social media. That's part of the internet these days. Anyone who comes in here can click there, and some part of something you have posted here may end up on social media.
Posting anything on the internet involves assuming the risk that it might end up on social media, or will be quoted and/or linked on golly knows what manner of other websites, so that's no different from anything anywhere else.
All of that also applies to services that index or cache other websites. Search engines come to mind. They may store something you contribute here publicly in their index, or may cache the whole forum, creating a distribution channel for your contributions that is beyond the reach and control of the administerrerrerr, or of the moderators. The same is true for all public websites, and this is a public website. So it's not a thing we can alter, and we explicitly reject responsibility what a search engine operator does with anything they index or cache from this website or forum.
Think before you post.

Copyright and other people's data
You won't post, upload, attach, or otherwise store or publish here anything that isn't your own original work, for which you don't hold the copyright, that isn't in the public domain, or that you aren't using under fair-use doctrines. Don't use this place to pirate stuff.
In case you find your own copyrights violated by something around here, please notify admin at utmc-forum dot org (again, this is an email address, see explanation near the top of this document). If your claim is legit, the administerrerrrerr will remove the violating material.

You won't post or publish here another person's personal information or images beyond what they have themselves published or posted in public and can thus be quoted under fair use doctrines, have given you permission to publish or post in public, is already known and available in the public domain, or is generally considered fair to use in public discourse. Don't help out identity thieves, nor stalkers. Just don't mess with somebody else's privacy or anonymity unless they've done it first, or you have a really, really good, solid reason. The sort of reason you might plead in court. Just don't be an ass.
In case you find someone posted your personal information, images of your person, or suchlike, without your consent, implicit or explicit, or in some other form violating the aforementioned rules, please notify admin at utmc-forum dot org. The administerrerrerr will help protect your privacy, within reason.

Revision of these rules
It may be necessary to clarify points mentioned herein, or to add new rules either because of stuff that's going on on the forum, or changing laws, or because some point herein turns out to be not fully compliant with applicable laws or regulations. The administerrerrerr promises to announce and open to discussion anything that will affect what people can or can't do around here.
Things that won't be revised are the stuff we won't do with your personal data (see above), specifically that your personal data will not be sold, ever, nor given away freely to anyone who isn't involved with saving somebody's life (such as your own), doesn't have a court order or suchlike legal document, or isn't involved in settling a deceased user's estate. Unless one of those exceptions applies (and possibly not even then), what you do here will only be seen by those you chose as your audience, end of story.
It may, however, not be feasible to announce every detail correction that does not affect the spirit of these rules and terms, nor to discuss it. You gotta trust the admin that he won't act against your interests. If you're uncomfortable with that, you should check in here from time to time. But at some point, you really have to trust the guy who is running the technical side of this place single-handed. If you can't, the administerrerrerr regrets that you won't be using this website or forum any longer.

Salvatory clause
You have indicated that you accept as valid and binding all the items laid out in three documents. In this document, in the Terms of Use, and in the Privacy Policy.
While the administerrerrerr has done his best to not just inform yourself about what happens here with your data, but to do so with all honesty and transparency that most commerical outfits probably wouldn't dream about. All though the administerrerrerr is as sure as he can be that everything here is good and legal. It may be, hypothetically, that any item or items in one or more of these three documents is, or will be, not compliant, or not fully compliant, with one or more laws, regulations, or similar "rule-like" items.
You accept and agree that, should this be the case, that partial or full non-compliance of any item or items found in any of those documents does not affect, modify, suspend, or negate, any other item, nor any other item's validity, legality, or compliance with any laws or regulations. You accept this, regardless of the origin(s) of the law(s), regulation(s), or other "rule-like" item(s) that are not or not fully being complied with.
You also accept that, until non-compliance, fully or partial, is demonstrated and brought to their attention, the administerrerrerr and moderators will act in good faith that the content of these three documents, all the items laid out therein, comply with laws, regulations, and your (the user's) personal choices.
Finally, you accept that errors in spelling, grammar, or other rules of language or style, do not affect the spirit of the rules, their validity, application, or your acceptance of them.
If there were absolutely anything to be afraid of, don't you think I would have worn pants?

I said I have a big stick.
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Re: By using this place, you agree to the rules herein

Postby DerGolgo » Fri Jun 08, 2018 1:46 pm

Anyone feels they should object to this, light the fires, and go into open revolt.
Also, anyone who feels they should applaud the Administerrerrerr and celebrate his magnificence (he'd prefer that lot).
Not to mention anyone who has, at best, a mild curiosity what fresh hell this is, and why it's keeping him from whatever kinky stuff she or he will usually do on the internets.

Y'all can go right here and yell about it (clicky)

Or sing.
Interpretive dance, maybe.
If there were absolutely anything to be afraid of, don't you think I would have worn pants?

I said I have a big stick.
User avatar
Zaphod's Zeitgeist
Posts: 11908
Joined: Sun Apr 04, 2004 9:34 am
Location: It's bad enough I gotta live here, don't make me say it, too ...
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