TERMS OF USE for posting comments to the Firing Log blog of the website.

Effective after June 23, 2007, 12:00 pm PDT

By posting or attempting to post a comment to the ("AW" hereafter) website, you expressly agree to be bound by the following terms of use:
  1. You agree agree to not post spam comments.
  2. For the purposes of this agreement, a spam comment is one which contains at least one hyperlink in any comment field which links or appears to link to any of the following:
    1. pornographic or dating websites; and/or
    2. websites related to gambling; and/or
    3. websites relating to trucks or automobiles including sales, parts, dealers, and/or want-ads; and/or
    4. websites offering coupons; and/or
    5. websites offering internet service or equipment; and/or
    6. websites relating to software sales of any kind; and/or
    7. websites relating to cell phones or cell service of any kind; and/or
    8. websites related to financial services of any kind; and/or
    9. websites related to insurance services of any kind; and/or
    10. websites related to earning money or goods online by any means, or home business opportunities; and/or
    11. websites related to travel services of any kind; and/or
    12. websites related to medications, dietary supplements, diet pills, diets, diet plans or body "enhancers" of any type; and/or
    13. web addresses which return a "page not found" or similar message but nevertheless show advertising of any kind; and/or
    14. posts containing nonsense text in any comment field; and/or
    15. to three or more websites in a single comment that are not specifically related to ceramic art.
  3. You acknowledge that the person who operates AW is located in Washington State. You also acknowledge that spam prevention techniques available are imperfect and not ideal in that filtering software can result in false positives (legitimate comments marked as spam) and false negatives (spam comments not marked as spam), and that manual approval of comments interferes with the development of virtual communities by causing delay in the posting of comments and consequent frustration in legitimate users. You acknowledge that spam comments can negatively impact a site's Google ranking or even cause the site to be delisted by Google. You acknowledge that a Google ranking which causes a page to appear earlier in the search results is highly desirable. You acknowledge that delisting from Google is tantamount to removing the site from the internet completely because it will be so difficult to find. You acknowledge that the exchange of information has been vitally important throughout human history and that the contributions of such exchange to the human race have been inestimable. You acknowledge that AW has a strong interest in furthering artistic and social goals in addition to its business purposes. You acknowledge that AW's social, artistic, and/or business purposes relate solely to the field of ceramic arts. You acknowledge that spam comments damage AW's ability to promote its artistic, social, and/or business purposes. Further, you acknowledge that specifying the damage spam comments cause to AW's business, artistic and social purposes is impossible to measure with any specificity.
  4. Liquidated damages: as a consequence of the acknowledgments outlined in paragraph 3 above, you agree that if you post or attempt to post a spam comment:
    1. you are subject to Washington State Court jurisdiction (Washington State is located in the United States of America); and
    2. you expressly waive any right to have your case heard in any other jurisdiction whether that be another state of the United States, U.S. Federal Court, or any other court in any other nation; and
    3. that you shall be liable to AW and its owner, for liquidated damages in the amount of 1000 (one thousand) US Dollars for each and every spam comment that you post or attempt to post to AW; and
    4. that such damages fairly compensate AW and its owner for the time spent managing comments; for the reduction in AW's ability to build a community of experts, artists, hobbyist, customers, or other interested individuals, and the consequent significant but incalculable damage caused to AW and its business, artistic, and social purposes; and for the incalculable harm caused to human kind which results from the chilling effect spamming behavior has on the free exchange of information and the consequent slowing of the improvement, advancement, and enhancement of the human condition.


Text updated June 23, 10:56 am PDT.

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