Restriction clause - Acceptable content

A

AntiTrust

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I was reviewing XenForo Limited's documentation, where I could find it available. Previously, a member of XenForo Limited's staff confirmed in this thread https://xenforo.com/community/threads/legal-documentation-and-location-of-documentation.132273/ that I had indeed found all the publicly posted legal documentation (as outlined below)


While reading your legal documentation, I noticed that your company, XenForo Limited is registered in England and Wales with company number 07294282 (https://beta.companieshouse.gov.uk/company/07294282 ), and naturally defers to the laws of England. While reading your documentation, I clearly note the following restrictions, found in your 'License agreement' documentation (quoted below):

3. Restrictions

This license is granted to You alone. You may not redistribute the Software in whole or in part. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary or permanent basis, without the prior written consent of XenForo Limited.

For the avoidance of doubt, You are solely responsible for managing content posted using your installation of the Software (“Your Content”). XenForo Limited shall have no liability in respect of Your Content including but not limited to its accuracy or lawfulness.

You are solely responsible for ensuring that Your Content and Your use of the Software complies with all applicable legislation and regulations, including but not limited to all applicable Data Protection and Privacy legislation. You undertake to ensure that the Software is not used by You or others to engage in illegal activity. You may not use the software to engage in any activity that would violate the rights of third parties. You hereby agree to indemnify Us from any loss or damage arising from Your breach of this provision.
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This is directly followed by your termination clause, found in your 'License agreement' documentation (quoted below):

4. Termination

The License for the Software is effective until terminated. You may terminate the License at any time by uninstalling the Software and destroying all copies of the Software.

XenForo Limited reserves the right to revoke Your License to use the Software should any of the terms of this Agreement be violated.
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If I am understanding correctly and I would assume I am since this documentation has been written in fairly simple, English, but if I am correct, provided the purchaser (customer) does not use the software purchased for illegal content or misuse defined by The Courts of England, they could post whatever content they so desired on their own respective site using the software purchased and there would be no further restriction(s)?
 
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It's not specified but I'd say a sensible interpretation of that is the law both in England and whatever country your website is located in.

If you lived in some oppressive country where discussion of a certain topic was illegal, I doubt XF would care but obviously they want to be protected from any problems.
 
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RobParker said:
It's not specified but I'd say a sensible interpretation of that is the law both in England and whatever country your website is located in.

If you lived in some oppressive country where discussion of a certain topic was illegal, I doubt XF would care but obviously they want to be protected from any problems.
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Thank you for your friendly reply it is really appreciated. But as to avoid any misunderstandings I would much rather be addressing the official staff in my pre-sale inquiries. Please take no offense, I just wish to be 100% correct on all the information I obtain. Having said that, I too agree with your assessment but would like to have an official reply to that nature in order to confirm with absolute certainty.
 
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Slavik said:
You seem to be digging for a pretty specific agenda... why don't you just tell us your panned use-case and we can tell you if it would be ok or not.
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Chris D said:
Indeed. If you need to contact us privately about this you can do so here: Contact us
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Thank you, both for taking the time to answer my question. I assure you my only specific agenda at the moment is to obtain thorough information in regards to the products, services, and support offered by XenForo Limited and any limitations which would otherwise terminate any level of the products, services, or support offered by XenForo Limited to a paying customer. My current specific inquiry is whether or not in general would there be any content or limitation which is not outlined in your current legal documentation, more specifically, that you would hold an objection toward, despite being perfectly legal and hosted on a customer's (purchaser's) own respective site using the software purchased, which may result in the terminate either in full or part of the products, services, or support that XenForo Limited offers to their paying customers?
 
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If the license agreement is breached then we will reserve the right to terminate a customer's license.

If you have concerns about whether your specific use case may be in breach of the terms of the license agreement then feel free to contact us with more information about that and we'll be happy to discuss it.

If you have no concerns that your specific use case would be in breach of the license agreement then it's an entirely moot question.
 
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Chris D said:
If the license agreement is breached then we will reserve the right to terminate a customer's license.

If you have concerns about whether your specific use case may be in breach of the terms of the license agreement then feel free to contact us with more information about that and we'll be happy to discuss it.

If you have no concerns that your specific use case would be in breach of the license agreement then it's an entirely moot question.
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Thank you once again for answering my question. My inquiries are of public nature and so I feel no need to hide anything, but I thank you kindly for your consideration in regards to any potential confidentiality as that is really thoughtful of you and I do appreciate it.

Just to further clarify, after reading all your legal documentation, as far as I can interpret your license agreement and terms, the only breach of your license agreement would naturally surround illegal activate or illegal content (which naturally would be ill advised under any circumstance in general). Further, that for your benefit, you govern your license agreement and terms under the laws of England. Would you say my assessment is a correct interpretation?
 
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Including, but not limited to.

The license agreement covers a number of points and if we feel the license agreement has been violated then we will reserve the right to take steps to terminate the license. It is not a decision that is taken lightly by us when it happens and it will usually only be done in the very rare occasions that there is no other course of action, and usually only after a chance has been given to rectify the situation beforehand.
 
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Chris D said:
Including, but not limited to.

The license agreement covers a number of points and if we feel the license agreement has been violated then we will reserve the right to take steps to terminate the license. It is not a decision that is taken lightly by us when it happens and it will usually only be done in the very rare occasions that there is no other course of action, and usually only after a chance has been given to rectify the situation beforehand.
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Thank you again for answering my question. If I am to understand you correctly, you would terminate a purchaser's (paying customer's) use and access to products, services, and support offered by XenForo Limited even if the purchaser (customer) has violated no law?
 
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The termination clause is clear:
XenForo Limited reserves the right to revoke Your License to use the Software should any of the terms of this Agreement be violated.
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There are many terms within the license agreement and it is our right to revoke a license should those terms be breached.
 
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Chris D said:
The termination clause is clear:

There are many terms within the license agreement and it is our right to revoke a license should those terms be breached.
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Thank you once again for answering my question. I have read over your license agreement and with the exception of using the software on more than one site or removing the copyright without paying for removal (which would be a violation of the agreement), there are no other ways to violate the license agreement without breaking the laws of England, which your documentation defer to for governance. Having said that, provided the purchaser (customer) does not use their purchase on more than one location or does not remove the copyright (without paying for removal) and does not violate the laws of England, would you terminate a purchaser's (paying customer's) use and access to the products, services, and support?

For argument's sake and for example, but not limited to this example, should a purchaser (paying customer) post a political, religious, or personal viewpoint on their own respective website, that you or anyone within XenForo Limited personally dislike or disagree with, become known to you, would you then terminate that purchaser's (paying customer's) products, services, or support offered by XenForo Limited?
 
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At this point I will just leave you to interpret the agreement based on its wording. There isn't a lot more that can or should be added above and beyond what's written.
 
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Chris D said:
At this point I will just leave you to interpret the agreement based on its wording. There isn't a lot more that can or should be added above and beyond what's written.
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I am sorry you feel that way, as I do not believe you have answered my question. My primary inquiry was to specifically address a concern of whether or not XenForo Limited would attempt to police or otherwise discriminate against the content found on the websites of their paying customers if, in fact, that content was perfectly legal under the laws of England; To the point, would XenForo Limited terminate or otherwise limit the products, services, or support of a paying customer in such an instance?
 
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AntiTrust said:
I am sorry you feel that way, as I do not believe you have answered my question. My primary inquiry was to specifically address a concern of whether or not XenForo Limited would attempt to police or otherwise discriminate against the content found on the websites of their paying customers if, in fact, that content was perfectly legal under the laws of England; To the point, would XenForo Limited terminate or otherwise limit the products, services, or support of a paying customer in such an instance?
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We don't police our customers no. The only consideration is if you are running a website which may not be suitable in some settings, support may be a little slower until a member of staff is able to look at your problem safely (eg, if a staff members child is around and you are running an adult website, they obviously wouldn't look into it immediately).
 
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Slavik said:
We don't police our customers no. The only consideration is if you are running a website which may not be suitable in some settings, support may be a little slower until a member of staff is able to look at your problem safely (eg, if a staff members child is around and you are running an adult website, they obviously wouldn't look into it immediately).
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Thank you for taking the time to answer my question.

I really do appreciate your honest reply and both appreciate and respect your answer, given if such a hypothetical circumstance were in fact, true. Under those hypothetical circumstances of a XenForo Limited support staff, being hypothetically requested to look into a website which may house adult content, I would completely respect and understand an work at home' parent's choice to delay reviewing such a support request until a more appropriate time. Although my inquiry was generic as not to specify, specifically any specify content, I could appreciate that the response time for support would vary depending on circumstances (and your example would clearly be one, especially since you would be acting both within the law and generally as a good, responsible parent).

But I digress as I believe this is the sufficient answer I was seeking:
Slavik said:
We don't police our customers no.
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As my primary inquiry was whether or not a client (customer) of XenForo Limited could potentially face termination based on the content of their site, even if the content in question (whatever it was) happen to be perfectly legal under the laws of England.

Thank you once again for your time. :)
 
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