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Refund Clause |
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Gordon Wendt
404 - User not found
![]() Join date: 10 May 2006
Posts: 1,024
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12-29-2006 11:01
This is tough to say while doing my best to avoid a trollfest but correct me if I'm wrong in saying that aren't we on the borderline for the TOS refund clause to take effect to compensate those who lose money from extended downtimes of 24 hours or more... and for those who aren't aware of this please read the TOS or read a post further on since I'm sure someone will quote the relevant passage.
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Peekay Semyorka
Registered User
Join date: 18 Nov 2006
Posts: 337
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12-29-2006 11:06
No, the grid is back up after slightly less than 12 hours. Still, the Lindens should do something for the SL community in light of the recent issues (though not necessarily in financial terms.)
-peekay |
Deandra Watts
F-Bombardier
![]() Join date: 12 Aug 2006
Posts: 485
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12-29-2006 11:09
1.6 Second Life is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Linden Lab's sole discretion.
Linden Lab reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Linden Lab will not be liable for any interruption of the Service, delay or failure to perform, and you understand that except as otherwise specifically provided in Linden Lab's billing policies posted at http://secondlife.com/corporate/billing.php, you shall not be entitled to any refunds of fees for interruption of service or failure to perform. Linden Lab has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion. (from the above link): 5. Under certain circumstances, you may receive service credit for unscheduled downtime. You will be eligible to receive Service Credit toward recurring service fees (e.g. monthly account fees, 90 Day account fees, annual account fees, and Land Use Fees) for Unscheduled Downtime. "Unscheduled Downtime" is an unplanned or unscheduled interruption in Service availability for a period of at least twenty-four (24) hours during which you are unable to access the Service. Unscheduled Downtime is measured from the end of the time the Service is 100% unreachable for a period of at least twenty-four (24) hours until Service is once again restored. The following are excluded from the calculation of Unscheduled Downtime: (i) scheduled maintenance downtime; (ii) problems outside of our Service (upstream providers, or your inbound connection) not affecting 100% loss to our Service; (iii) interruptions or failure of Service caused by you or your representatives (including inaccurate configuration, third-party software, abuse or over-utilization of resources, hacked servers, attacks, exploits, or server hardware failures); and (iv) causes beyond Linden Lab's reasonable control and occurring without Linden Lab's fault or negligence, including natural disasters, wars, terrorist acts, riots or other violent upheaval, governmental restrictions and actions, and performance failures of a third party outside Linden Lab's control. The amount of any Service Credit will be based on the pro rata percentage of Unscheduled Downtime during your billing cycle (e.g., if there is 1 day of Unscheduled Downtime in a 30-day month for your monthly account, you will receive a Service Credit for 1/30th of your recurring service fees). Any Service Credit will be credited to you during your next billing cycle. |
Gordon Wendt
404 - User not found
![]() Join date: 10 May 2006
Posts: 1,024
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12-29-2006 11:23
Yes I just noticed the grid came back up wihich renders it a somewhat moot point but it seems that we're getting closer and closer to the edge of that 24 hr limit each time the grid goes down.
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Morwen Bunin
Everybody needs a hero!
Join date: 8 Dec 2005
Posts: 1,743
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12-29-2006 13:51
What is this?
May I remind you that we play SL for our fun? And yes, shit happened to our fun provider (linden). And now you are crawling around for refunds, compesations and what ever? I say that is plain stupid. Grow up and drop that silly atitude.... and lets enjoy SL again. It is open again... Bah Morwen |
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
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12-29-2006 14:04
"Unscheduled Downtime" is an unplanned or unscheduled interruption in Service availability for a period of at least twenty-four (24) hours during which you are unable to access the Service. Unscheduled Downtime is measured from the end of the time the Service is 100% unreachable for a period of at least twenty-four (24) hours until Service is once again restored. Note that the downtime clause in the ToS refers to "the Service" which is defined as: The Servers, Viewer, APIs, Websites and any other Linden Software collectively constitute the "Service" as used in this Agreement. so, if you can reach the SL.com website, no refund for you! |
Gordon Wendt
404 - User not found
![]() Join date: 10 May 2006
Posts: 1,024
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12-29-2006 19:15
What is this? May I remind you that we play SL for our fun? And yes, shit happened to our fun provider (linden). And now you are crawling around for refunds, compesations and what ever? I say that is plain stupid. Grow up and drop that silly atitude.... and lets enjoy SL again. It is open again... Bah Morwen Reported for blatantly violating the forum TOS and this specific forum's guidelines. |
Peekay Semyorka
Registered User
Join date: 18 Nov 2006
Posts: 337
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12-29-2006 19:20
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Gordon Wendt
404 - User not found
![]() Join date: 10 May 2006
Posts: 1,024
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12-29-2006 19:48
Note that the downtime clause in the ToS refers to "the Service" which is defined as: The Servers, Viewer, APIs, Websites and any other Linden Software collectively constitute the "Service" as used in this Agreement. so, if you can reach the SL.com website, no refund for you! There would be huge outrage (even moreso than now) if they interpreted it like that though |