oclegacy / tos.txt

Full commit
$Id: tos.txt,v 2.0 2003/01/29 00:00:00 ddrp Exp $

OverChat - Terms and Conditions Version 2 – DDRP and Jeff Robeano

Table of Contents
1 - What is the service is for
2 - Who is entitled to use the service
3 - Who owns the service
4 - Nickname registration rules and conditions
5 - What constitutes abuse of the service
6 - Who has responsibillity with dealing with those who abuse the service
7 - What will happen to you if you abuse the service.
8 - Amount of use of the service
9 - Protocol protection
10 - Authorised clients and D.L.O.B.
11 - Termination
12 - Restrictions on Use
13 - Contact Points for TOS
14 - Extra clauses 

1 - What is the service is for
Overchat is a service for Instant Messaging. It is similar to other
services such as Yahoo!, AIM, MSN Chat and Jabber. One person enters
a message to his or her friend and the service relays it to the correct
user on the other end. Instant is defined as within about two seconds.
OverChat does not gaurentee any speed of communication. 

2 - Who is entitled to use the service
Any Person; OverChat does not discriminate. Public who may wish
to chat to users of the service. Daybo Logic employees or affilliates. 
If you are disruptive, rude, generally a problem and you are deemed this
by a Chat god. Your rights to use the service will be revoked. Further, your rights to the 
Service can be revoked at anytime without notice. 

3 - Who owns the service
The server software was written by David Duncan Ross Palmer
and is copyright 2001 Daybo Logic. It is
not available for download or for third parties to run such servers.
The server hardware belongs to TowardEX.
Be aware that the server shall never directly use or pay
for bandwidth from British Telecom. There are
no rights to use the service without the owners' consent. 

4 - Nickname registration rules and conditions
Nicknames are the fixed names that a user chats to another user on by.
For example 'DDRP' talks to 'tk'. A nickname is limited to 32 characters.
Spaces are not counted but the nickname can be reformatted later to add
spaces and change case. Nicknames are not case sensitive. For example
'ddrp' and 'D dR p' is the same person. During the pre-registration period,
some names which don't quite fit into these rules were registered. These
will be automatically corrected and some may be discarded once the
service is running or after the 24th of December 2001. Nicknames which are not
visible or use non-alphanumeric characters are not allowed. Nicknames which
are obviously intended to space out chat rooms and cause annoyance to
others, especially offensive or suggestive names will be removed by chat
gods. You can only register a nickname with a valid email address, you may
not choose your original password, it will be mailed to the email address.
You may only register 20 nicknames per one email address. If one IP
address attempts to register more than 5 nicknames per 24 hours it will be
banned for a week. 

5 - What constitutes abuse of the service
Abuse of the service is mainly at the discrimination of the chat gods
and elected officers or by the results of abuse reports from members.
The rules in this terms and conditions are guidelines and will be
extended as new ways are found to abuse the service. 

a) Spam:
Those who attempt to use the service to automatically or manually
sell their own services or to try to get people to visit pornographic
or illegal web sites will be banned with no warning from the service. 

b) Flood:
Those who attempt to lag the server or annoy others by constantly
repeating nonsense messages or by flooding chat rooms with mass
content of obscure origin or from the web will be warned by the
Administrator by complaints or by server behavior. Those who ignore
the warnings will most likely be removed by the administrator. 

c) Swearing:
There is no specific policy about swearing but if lots of complaints are
received from different users about such behavior then the abuser
will be advised by the administrators. Abusing chat gods or officials
with insults would not be wise either as it may result in a short cut
around this warning. 

d) Child pornography:
OverChat is not a family service; nor shall it become one, and certain offensive things happen,
including pornography. However, if any of such transmission happens illegally or 
in violation of any rules, orders, or other then the user
shall be banned. If necessary the proper authorities will be notified. 

e) Bots:
Automated robots (bots) are not allowed without permission from the
Superior Mystic Controller of the local server or the Supreme Commander.
They generally cause irritation amongst members and rarely have a useful

f) False email addresses:
If it is believed that the email address you have registered with is
fraudulent or if you create new email addresses on your domain for the
purpose of overriding limits on the number of nicknames an email address
may be responsible for you will be banned and possibly your domain will
be banned from future registrations or web site access. 

6 - Who has responsibility with dealing with those who abuse the service
Chat gods, officers and representatives are elected by the Supreme Commander,
the committee and ordinary users. You can find out more about this election
progress and the hierarchy of order on the OverChat website at
Depending on one's position in the order one can destroy another user
completely. Ordinary users have no power over another user.  

7 - What will happen to you if you abuse the service.
Depending on the level of abuse one hassles the service with one might go
through three levels. This is certainly not a guarantee against immediate

a) You will be warned verbally by an administrator/god or another official.
b) You will be written to via your registered email address by the Superiour
Mystic Controller or one of the Supreme Commander's assistants.
c) You will be banned. 

8 - Amount of use of the service
We are not British Telecom, we will not get irritated with you for staying
connected to the service constantly. However, in order to stop extreme
abuse by one person, we allow only eight connections from one IP address.
No one nickname can sign on twice at one time but they can from multiple
nicknames, this is intended mainly for N.A.T. enabled networks, which use
multiple computers through one IP address. As the service grows, the service
will be shared between multiple servers in different areas of the

9 - Protocol protection
The internal communications protocol is the property of Daybo Logic.
Reverse engineering the protocol is illegal and may be pursued by law
if the deemed necessary. The internal protocol is a closed protocol. Authorised connectors should be aware that as people do, inevitably crack parts of the protocol, those
areas will be changed to maintain security and clients may have to be

Those who have the official, internal document describing Blake are
bound to a non-disclosure agreement that the protocol is the intellectual
property of Daybo Logic and disclosure to outside, unauthorized parties may
be prosecuted by law. 

10 - Authorised clients and D.L.O.B.
Only authorised Daybo Logic clients may connect to the OverChat server(s).
Open Source protocol may only use D.L.O.B. The Daybo Logic Open Blake
protocol. This Open Source protocol library is supplied by Daybo Logic,
free of charge under the GNU General Public License. These clients
are not obliged to display adverts and they connect to the DLOB<>Blake
bridge proxy server which converts and relays commands to the official
OverChat server(s). 

11- Termination
Termination. Should you breach this Agreement, your right to use the Service
and the Software shall terminate immediately and without notice.
You may also terminate this Agreement by simply discontinuing use of the
Service and the Software.  In the event of any termination of this Agreement,
the restrictions on your use of the Software and Service as set forth in
"Restrictions on Use" shall survive such termination, and you agree to be
bound by those terms. 

12- Restrictions on Use
Restrictions on Use. You may not redistribute the Server (Should you have It)
or provide others with access to the Service (including, without limitation,
providing third parties with access to the proprietary OverChat database).
You may not create or use any software other than the Software Approved to
access the Service, without the express written authorisation of the Server
Admin or the Committee.  You may not modify, reverse engineer, decompile or
disassemble the Software or in any way ascertain, decipher, or obtain the
communications protocol for accessing the Service. You may not adapt, alter,
modify, translate, or create derivative works of the Software (including
without limitation the communications protocols for the Service) without
the express written authorisation of DDRP.  Because OverChat's ability to
offer the Service free of charge is dependent, on whole or in part, on
generating advertising revenues from the Service, you may not block,
disable or otherwise affect any advertising, advertisement banner window,
links to other sites and services, or other features that constitute an
integral part of this Software and Service.  You may not register with and
log on and off the Service, send and receive instant messages via the Service
or identify when other Service members are online except through use of
Approved Software and Service and in conformance with the terms and
conditions of this Agreement.  You may not collect or solicit nicknames or
password information.  Finally, you may not authorise or assist any third
party to do any of the things described in this paragraph. 

13 - Contact for TOS (Changes, Violations, Disputes, Errors, etc.)
Any Chat god or committee level user shall have the ability to resolve any dispute or violation 
in regards to the TOS. However, for contact to change, amend, or questions about the TOS
should be referred to Spamming of this address will result in Termination
Termination is discussed in Paragraph 11. 

14 - Extra clauses
All future versions of this document will overwrite previous versions.
Registered users of the service will be notified via their registered
email address for changes in the Terms of Service. However, Daybo Logic makes
no guarantee to notify any user of any changes to the TOS. 30 Days after the inception
of any new change will be the cutoff for disputes against it. Disputes should be referred to the 
contact points in paragraph 13.