This is a semi-serious response strategy to combat one-sided "terms and conditions" that are imposed by website operators.
The humorous part to me is that the site operator could have to make an argument that "we didn't read that...how could we possibly be expected to keep track of emails, etc." The opposite of what they generally argue when seeking to enforce their ridiculous terms.
1. The first element is to have an use an email address such as "i.do.not.agree,see.counteroffer@xyz"rong
2. When a confirmation email is sent to that address, you respond with either an email or a link to the terms of your counteroffer.
For our lawyer readers, does such a gambit create 'offer and acceptance?' Does the email utilized at least cast doubt on one's agreement to a site's terms? What if the confirmation email is "do.not.respond@abc?"
As for the terms:
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Counteroffer:
All terms of service proposed by you are rejected. By allowing access to your site, you acknowledge that you accept these terms and conditions.
AS USED HEREIN, THE TERMS “YOU” AND “SITE” SHALL MEAN ANY PERSON OR ENTITY MAINTAINING OR CONTROLLING ANY INTERNET WEBSITE TO WHICH NOTICE OF THIS COUNTEROFFER HAS BEEN TRANSMITTED. THE TERMS "USER," "ME" AND "I"...etc.
BY PERMITTING ACCESS (OR CONTINUED ACCESS) TO SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT PERMIT ACCESS TO WEBSITE.
You will not
Use any of the data to which I give you access or transmit to you for anything other than giving me access to it and publishing my comments, if any;
store logs of any information about me, except my comments and login information, if any.
cache my data
Place cookies on my computer
give away, transfer, or sell any of my information.
Send me email advertisements or permit others to do so.
The terms of this contract are subject to the laws of the State of _____, and shall be adjudicated in _____ County ______.
You agree to pay liquidated damages in the amount of $100 for each breach hereof...etc.
The party in breach of this agreement shall pay reasonable costs and attorney fees for enforcement hereof...etc
If any part of this agreement is ruled invalid, the remainder shall continue in full force and effect.
You agree that my failure to exercise, or any delay in exercising, any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof...etc.
Copyright notices...etc.
Any thoughts?
What should be added?