My Experience With TOS

As many of you know, my blog Melankoliko was suspended for a suspected violation of the Terms of Service (TOS) using WordPress’ free blog hosting.

It was really a disappointment to know that just one link from a particular website can get you termed without prior notice or warning.

Just to give you a recap,Wordpress suspended my blog for violating the terms of service of the site. One picture I got from the internet was recognized as a phishing/spoofing link and with that, they automatically suspended my blog.

I have to admit that the website (that is WordPress) has the right to suspend it to protect the company. My only problem is that there should be proper notification and process in doing so. Not only that, the author shouldn’t be blocked in going to the forums page to try and see how to fix the problem. 😦

According to their TOS, I violated 3 rules which are:

  1. The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  2. Disclaimer of Warranties. The Website is provided “as is”. Automattic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Automattic nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  3. Limitation of Liability. In no event will Automattic, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Automattic under this agreement during the twelve (12) month period prior to the cause of action. Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Sad to say, I didn’t understand the statements indicated in the TOS considering that these are governing laws/rules we agree upon using the service. And with that, I read the TOS again and consulted WordPress’s support group. I raised the issue and got a reply 24 hours after (or read the reply 24 hours after) and got the chance to correct it.

After changing the link and posting it again, my blog got suspended again and for the same reason, I contacted the administrator again! They told me that the visibility of my blog got delayed and its now up and running as usual. Thank God!

As I said, the website administrators have the right to suspend blogs of such contents (spams/phishing and spoofing) but must have a correct process in doing so. Good thing that the administrators took action less than 24 hours compared to some bloggers who replied to my query saying their blogs got suspended and got it back few months after (there’s even one blogger who got it back a year after!)

If they didn’t act right away, I’d be forced to move back to my old blogger site and continue my blogging life there – minus the posts of the last 3 quarters of my life for 2009. 😦 But then again, I’ll be giving WordPress another chance!


9 thoughts on “My Experience With TOS

  1. @George – yes,I’m definitely back!
    @L.A.- That’s what I’m planning before the year ends, would you happen to know how much it will cost for a year?
    @backpacking – yup, i intend to back-it up, just don’t know if it’s possible to cross-blog thorugh blogger.

  2. Really? Good to know that you’re back and in business. 🙂 We would hate for another blogger from Dumaguete to go AWOL.

    So far, I have not YET run into problems with WordPress. And I have to be honest that I am not too particular about ToS 😛

    I can offer you hosting for Php. 600.00 a whole year. Since you are in Dumaguete, no need to pay through banks and other stuff. LOL

  3. @Lurchie – really? Waaaaaaaah!!! Sige,sige bah! I’m not techie as well, does that mean I can overhaul the template and create (or get better designs…hehehe) for myself right? Hehehe…

    @ L.A. – i remember the site, i had a profile there before but i think it was not yet byethost at that time. 🙂

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