bbsfaq03.006

关于黑客的论坛的下载资料

are delivered to you each week at consistent 3- to 4-day
intervals (e.g., Monday/Thursday, Tuesday/Friday,
Wednesday/Saturday, etc). This turnaround maintains currency in
your file collection while at the same time keeping your
collection costs low.

All files are virus checked using two different programs, all
known BBS advertising is removed, and AV-stamped or
ARJ-security-envelope file integrity is maintained wherever
possible.  File listings are delivered in both FILES.BBS and
PCBoard formats, allowing their immediate addition to your
system without further processing.


MDS pricing is based on volume, reflected below:
-------------------------------------------------

One-Week Package:       (Cost Per Tape in)      (Cost Per Tape in)
-----------------       (Canadian Dollars)        (U.S. Dollars)
                       (Total Order Value)     (Total Order Value)
                         (in Brackets)           (in Brackets)
                       ------------------      ------------------
Single Tape             $37.50  ($37.50)        $26.75  ($26.75)
Total Number of Tapes in Package: 1

Two Tapes               $28.50  ($57.00)        $20.35  ($40.70)
Total Number of Tapes in Package: 2


4-Week Package:         (Cost Per Tape in)      (Cost Per Tape in)
-----------------       (Canadian Dollars)        (U.S. Dollars)
                        (Total Order Value)     (Total Order Value)
                         (in Brackets)           (in Brackets)
                      ------------------      ------------------
Single Tape              $30.00 ($120.00)        $21.50  ($86.00)
Total Number of Tapes in Package: 4

Two Tapes                $22.50 ($180.00)        $16.00 ($128.55)
Total Number of Tapes in Package: 8



13-Week Package:        (Cost Per Tape in)      (Cost Per Tape in)
----------------        (Canadian Dollars)        (U.S. Dollars)
                        (Total Order Value)     (Total Order Value)
                         (in Brackets)           (in Brackets)
                      ------------------      ------------------
Single Tape              $25.00 ($325.00)        $17.85 ($232.15)
Total Number of Tapes in Package: 13

Two Tapes                $18.75 ($487.50)        $13.40 ($348.20)
Total Number of Tapes in Package: 26

Rates are calculated based on customer-supplied tapes,
deliverable with prepayment.  C.O.D. and credit-card orders are
not accepted. All shipping costs (your choice of carrier) and
applicable taxes extra.


For further information, please contact:
------------------------------------------
Richard Munro
Eastern Shore Communications
Voice: 416-428-1056
BBS:   416-683-7368
FidoNet Address: 1:229/112
Internet: [e-mail] (Richard Munro)

----------------------------------------------------------------------
[12.01.3] - HOF TAPE NETWORK

- Get 100-120 megs of files on tape For $14.99
- All files are no later then four months old
- Files range from PCBoard, Windows, games, utilities, etc..
- Each directory has its own FILES.BBS
- All Files Have Been Scanned For Viruses
- You can either send HOF tape network the tape or buy one from
them.
- If You Send HOF Tape Network A Tape It Must Be Formatted
- HOF Tape Network Ships 2nd Day Air
- There Is A New Issue Every Month. That Means 100-120 Every
Month For You or Your BBS.

- Orders Can Be Taken via: Netmail, Internet E-Mail, or Via BBS

- New Issues Are Shipped the 1st Of Every Month

Contacting HOF Tape Network
---------------------------------------------
Fidonet: 1:2215/600 or 1:2215/610
Internet: [e-mail]
BBS: [phone] or [phone]

NUMBER YOU WISH TO PURCHASE: ___     @ $14.99

TAPES WISH TO PURCHASE     : __      @ $15.00

SHIPPING / ORDER           : ___     @ $10.00 / TAPE


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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
12.02 - Encouraging your users to upload
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
- Topic 12.02 will be available in future versions of
  the BBS FAQ.

*********************************************************************
              CHAPTER 13 - LEGAL ISSUES FACING THE BBS SYSOP
*********************************************************************
Version 0.9 - June 24, 1994.
Copyright (c) 1994 Carl J. Elitz

=-=-=-=-=-=-=-=-=-=
13.1 Introduction
=-=-=-=-=-=-=-=-=-=

     This chapter contains a general discussion of some of the
legal risks facing those who run computer bulletin board
systems (BBS' or boards), along with some suggestions for
reducing those risks. It is not yet in the familiar Q&A format,
but may be modified in future revisions.

     Please consider the discussion that follows for
educational purposes only and not as a substitute for legal
advice. The suggestions made below should be used only as a
starting point for your own consideration of the issues
presented and may not be suitable for your individual
situation. If you need legal advice, consult with an attorney
licensed to practice in your jurisdiction.

     Those with a practical interest in the subject are
referred to Lance Rose's and Jonathan Wallace's book, SYSLAW
(2nd Ed. 1992), (available by calling PC Information Group at
1-800-321-8285). At present, this is the definitive book on the
subject and a good source of information for the new or
experienced sysop. Cost is about $38.

     A more scholarly treatment of many of the same issues can
be found in a law review article written by David J. Loundy,
"E-Law: Legal Issues Affecting Computer Information Systems and
System Operator Liability," 80 Alb. L. J. Sci. & Tech. Vol 3
(1993). Loundy's article is available in many law libraries and
on the internet via anonymous ftp from the Electronic Frontier
Foundation: ftp.eff.org (path /pub/EFF/policy/Legal/e-law.paper).

     Please note: the following does not necessarily apply to
BBS' running outside the United States. Obviously, the laws of
other jurisdictions may be quite different.

     Finally, please recognize that this chapter is an evolving
document in its early stages of development. Suggestions for
improvement are welcome. The author can be reached at either of
the following internet address sites: [e-mail] or
[e-mail].

----------------------------------------------------------------
=-=-=-=-=-=-=-=-=-=
13.2 The Legal Risks
=-=-=-=-=-=-=-=-=-=

     Your legal exposure as a BBS sysop is not insignificant.
Even if your intentions are good, mistakes or errors in
judgment expose you to both civil and criminal liability. This
is due, in large part, to the fact that there will be so many
people calling your board, each with his or her own agenda. If
you fail to educate yourself on the basic risks, your exposure
increases dramatically.

-------------------------------------------------------------------
[13.2.1] Civil Lawsuits

     Filing a civil suit in the United States is a relatively
simple and inexpensive process for a plaintiff, usually costing
less than the latest version of your favorite word processing
software. Indeed, a caller or other person who believes she has
a case against you may find an attorney willing to represent
her for a "contingency fee," charging only if the suit results
in money damages against you.

     The costs of litigation for you as the defendant, on the
other hand, will undoubtably be high -- right from the
beginning. Unlike the plaintiff's attorney, your attorney
cannot work on a contingency fee and will insist upon being
paid whether you win or lose, perhaps well before the case is
even over. In almost all cases, you will not be able to recover
your attorney's fees, even if you prevail. So called
"reasonable fees" can grow into the thousands of dollars in a
matter of weeks, ending up costing many more times the price of
your entire BBS equipment and software. Moreover, failure to
win a lawsuit can have devastating implications for you, your
business, even your family. This is because, in the United
States at least, the law gives to a wrongfully injured
plaintiff the right to recover all damages which were "caused"
by your improper actions. There are few limits on the amount
that can be recovered in most civil cases.

-------------------------------------------------------------------
[13.2.2]  Criminal Liability

     In addition to civil liability, the BBS sysop can
encounter problems with the local, state or federal government
under the criminal laws. This exposure should be obvious. For
example, if you knowingly use your BBS to store or distribute
copyrighted material, obscene photographs, child pornography or
stolen information, or if you encourage others to do so, you
may face severe penalties -- perhaps even time in jail.

     Your legal exposure in a criminal case is not limited to
those situations, however, where you yourself deliberately
commit criminal acts. If the authorities come to suspect your
board contains evidence necessary to prove a criminal case
against one of your callers, you may find yourself in the
middle, trying to protect yourself from the effects of the
investigation.

     Do not underestimate the trouble that can be caused by
improper caller conduct. Four years ago federal agents and
local authorities raided boards in twelve cities around the
country as part of something the federal government named
"Operation Sun Devil." Agents conducting the searches carried
warrants which gave them the right to seize computer equipment
in an attempt to locate "hackers" believed to be exchanging
stolen credit card numbers through the use of computer bulletin
board systems. Agents searched both homes and businesses and
confiscated computers and peripheral equipment such as monitors
and printers. While there has been just one conviction relating
to computer crime so far, agents have yet to return all of the
equipment.

----------------------------------------------------------------
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
13.3 The Major Issues and Some Suggestions
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

     There is some good news: most of the risks your board
faces can be minimized if you take an active approach to the
problem. Your first step should be to familiarize yourself with
the types of claims that may be brought against you or which
may involve your board, and then proceed with this knowledge in
mind.

-------------------------------------------------------------------
[13.3.01] Negligence

     Negligence actions are the most common type of civil claim
brought in the United States. At the heart of the negligence
claim is the legal concept of "duty." Duty is the standard by
which the law judges a defendant's conduct when a plaintiff is
harmed. It is your "duty" as a sysop that exposes you to
liability. If you violate your duty to your callers or others
and create an "unreasonable risk" which causes harm, you may be
held liable for negligence and be required to pay money damages
as compensation.

     Like the BBS technology itself, BBS law is quite new and
the "duties" applicable to BBS sysops and the "unreasonable
risks" callers may face are not well established. In general,
and in the absence of legislation on the subject, it will be
judges who will decide what legal duties systems operators have
toward callers. In making this type of decision, judges will
consider the costs of imposing a specific duty upon a sysop in
comparison to the benefits of imposing that duty in favor of
callers and others who may be affected by the BBS. In the
absence of cases on the subject (and their are very few),
judges will simply make the decision based upon what they
believe is reasonable in light of the facts.

     There is simply no way of knowing what specific duties a
plaintiff might claim you have breached and, therefore, no easy
way of protecting yourself. This means that you must consider
carefully the possible legal duties judges may one day place
upon you as a BBS system operator. No doubt lawyers will
someday argue that a sysop should have the legal duty to scan
for viruses, process electronic mail in a way that prevents it
from being destroyed or unreasonably delayed and to protect
caller passwords. There are no doubt other potential duties BBS
sysops will be required to meet. In cases where you are accused
of violating a legal duty, a jury could be asked to decide if
your failure to meet your duty caused the defendant harm. In a
jurisdiction that allows it, the plaintiff may be able to claim
that a virus destroyed important business records or that
misdelivered mail caused an important meeting to be missed.
Damages for such loses could be extremely costly.

     There is no simple or easy way to avoid negligence claims.
However, legal "disclaimers" can help. A disclaimer is a
statement which gives notice to your callers that you do not
intend to be held responsible for specific harm which may occur
from the use of your BBS. For example, you might explain to
callers that electronic mail may be accidentally lost or
destroyed and that you will not be liable for any harm that may
come from such an accident. If a disclaimer is properly made,
it can be quite effective in limiting your liability. Cases
filed against defendants are often dismissed early on the
strength of a well written disclaimer. The best disclaimers
clearly describe a specific risk a caller may face and then
state that it is the caller, and not you, who will bear the
risk of any injury.

     Admittedly, the law in this area is vague. There is also
no way of knowing for sure what specific duties the law is
likely to place upon you. It is rarely ever a certainty that a
particular disclaimer will be upheld in court. Indeed, even the
fact that you do not charge callers for access may not provide
you with a defense to a negligence claim.