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hurrikane
01-18-2005, 09:19 AM
I know it sounds negative and I'm really not trying to be that way. but Tote-works cut off my login. The 15 day trial is not over and the site still emails my password to me so I'm in the db. Just locked out apparently. No response from the site admin.

Now I believe he has the right to refuse service to anyone.

but...

jeezz. you add up some numbers and you get blackballed. and then there is the freedom of speach thing

member rules:

Other than making a single "Referral", I will not publicly endorse or distribute any information concerning the availability or accomplishments of the Tote-Works analysis or its web content.


does this seem to smack freedom of speach in the face. And why wouldn't you want someone to publicly endorse your site. And even more important. Posting pics here is a violation of the member rules. so what gives. guess you have to be a vip member.

Don't get me wrong. I am all for capitalism and free enterprise. Just seems funny to me that the guy can't take a little heat. He posts the picks, i add them up, they don't show positive and he gets pissed at me.

I personally cannot use his service as i dont' sit stariing at the tote board all day. just not the way i play. but if he makes money that I'm all for him.

I'm just not for the nazi bullshit.

BillW
01-18-2005, 09:54 AM
hurrikane,

Freedom of speech issues only involve the relationship between the government and its citizens and does not apply to the relationship between private enterprise and its customers. The owner of an enterprise is free to treat his/her customers as he/she sees fit (with his business enjoying the benefit/suffering the consequences of that policy). Other than negotiating the issue with the company involved, your only other recourse is to make it a matter for the civil courts, which is probably an overreaction in this case. :)

Bill

hurrikane
01-18-2005, 10:15 AM
Bill,
I think you are mistaken on the the FOS point. I have the right to publicly endorse or decimate any company as long as it is based on fact. I don't think any company has a right to tell me what I can say about their service, product or personel as long as it is based in fact. Actually, if doesn't have to be fact, could just be my opinion. I've just never seen a company say 'can not publicly endorse the product' . people pay millions of dollars to get their product publicaly endorsed.

He can certainly refuse service to me and that is fine. I'm really all for free enterprise. I just found it rather funny that there is no response from the site and I think he over reacted to my posts. All I did was add up the money.

As far as his product. i have no input or advice I can offer. It is not the way I play. It seems, based on the short couple of days he posted, you could make money or loose you shirt. not surprising.

BillW
01-18-2005, 10:29 AM
Bill,
I think you are mistaken on the the FOS point. I have the right to publicly endorse or decimate any company as long as it is based on fact. I don't think any company has a right to tell me what I can say about their service, product or personel as long as it is based in fact. Actually, if doesn't have to be fact, could just be my opinion. I've just never seen a company say 'can not publicly endorse the product. people pay millions of dollars to get their product publicaly endorsed.


hurrikane,

That's why I added the "civil matter" comment. You did not break any law that makes you criminally liable and the government would not supress your freedom of speech rights to comment on his product. This is strictly between you and the company. If you feel you have been unfairly treated you can take him to court (and vice versa) to seek remedy. However a court case involving supression of freedom of speech would not get very far.

BTW Microsoft has clauses in the license of certain products that prevent you from benchmarking their software and publishing the results. This is not that uncommon.

Bill

hurrikane
01-18-2005, 10:37 AM
I guess bill. seems out there to me.

not to waste a lot of time on this. it's really not worth the bother. just rubbed me the wrong way.