FoxyWorlds TOS

Subject: FoxyWorlds TOS Tue May 25, 2010 3:02 pm

FoxyWorlds terms of service and disclaimer V1.0

First of all, welcome to FoxyWorlds. What you are reading now is not the usual terms of service document. You cannot just scroll to the bottom and click "ACCEPT". There are things in here you WILL want to know.This will scroll slowly like the text at the beginning of a Starwars movie.If you miss something there is a "BACK" button. While you are reading we are already beginning the installation process. See, I'm not really wasting your valuable time. Besides you will get a laugh outta this. I have never been a published author, but friends who have read things I've written liken my style to a combination of Douglass Adams and Terry Pratchett.

Nonetheless, despite its style it contains all the things a document of this sort has to contain and I'm sure it will be found quite defensible in a court of law. Hopefully it NEVER has to visit such a place, I don't know about you but I sure aint comfortable there, am not a lawyer myself and hope never to need to hire one as this will just push the costs of doing this too high.

Now for the meat and potatoes.

FoxyWorlds is is totally open source and ALWAYS WILL BE. Foxy is built from a bunch of opensource code combined with my own code. What I'm trying to build is a community. I can't possibly code everything folks will want, nor can I personally squash every bug. If you can code in Python your contributions will be very much appreciated. I hope this community will be able to defend this network from those who would do it harm or use it for illegal purposes.(more on this later). There is a document containing copies of all the opensource licenses for every component we use, We will not use any non-opensource code or proprietary code because of money and license issues, Everything NEEDS to be free and redistributable.

The opensource components I've chosen are also cross platform, able to run on other OS platforms such as Linux and Mac OS, Having no such machines at my disposal that run these and little or no money to buy them, this has not yet been tested. We just don't have the kind of budget that companies

like Microsoft and Google have. But by all means if you do have such a system, try it for me. If it does not run feel free to send us the log files, stack traces and OS coredumps from your system and we will try, with your assistance to fix the problem. I'd really love to see FoxyWorlds running on other non-Windows systems.

This brings us to an important disclaimer of warranty that you have seen on other software (if you bothered to read it). Due to the number of possible configurations of hardware and software, we cannot warrant that this software will run on all systems without malfunctions, glitches or even system crashes that may result in damage. We cannot warrant that our software will be suitable for your intended purpose. Your use is at your own risk, you agree to hold us harmless against any and all loss or damage monetary or otherwise, consequential, inconsequential or unrelated. The software is provided on an as-is basis. FoxyWorlds is opensource so if you don't like it as is feel free to extend, modify or change it, remember, your contributions are wanted.

This software IS NOT warranted.certified or intended to be used in ANY life support, vehicle navigation or other "man rated" type of applications, or for that matter to control any type of industrial tool or process where there is any risk of damage injury or death in the event of a malfunction.

You are NOT repeat NOT under ANY circumstances to use this software to control, operate, monitor or otherwise connect in any way to any weapons system, dangerous ordinance, pyrotechnic or anything that would belegally defined as an "infernal device". Also if you try using this software to plan, coordinate or execute in ANY way any form of terrorist attack or hate crime in the real world. In the virtual world, as a part of a game or simulation you may do these things BUT thats way different. So if you are so inclined you can even burn a virtual cross on the lawn though such an act

probably won't leave you well liked by the rest of our community. Neither will building a virtual "extermination camp" unless the object of the game is to escape from it. If you try using this software to perform such acts in the real world you WILL be reported to the appropriate authorities.

We at FoxyWorlds will enjoy hanging your butt out to dry, nuff said.

Moving on, FoxyWorlds is free to download and use for personal use. (commercial users see below) It is basically a peer to peer system, your world will be hosted on your computer (you will need a good highspeed broadband internet connection). This option will ALWAYS remain totally free of charge. By personal use We mean non-commercial use e.g. you are NOT engaging in E-commerce, sales or a pay to play site. We do not in any way want to price anyone out of being allowed to express their creativity,

This is something I do not like about many current virtual world systems especially those heavily based on a central server.

The structure of the internet being as it is P2P needs at least one server with a static IP address at the root of the community tree. It sucks but this unfortunately necessary little beastie costs us U.S. money to run. The dynamic IP that your ISP saddles you with (unless you pay thru the nose for a static IP) has for years been like a "ball gag" keeping those of us without the bucks to pay from being able to serve up our own content, this has been especially true for 3D content. What we do is redirect traffic dynamically to you, thus bypassing all that moneygrubbing rubbish. We had originally planned to do FoxyWorlds as a for-profit LLC corporation but it would be too costly to do this at this time, it would force me to involve lawyers and such and might therefore result in the personal use option to

not be free of charge.

We have decided to make FoxyWorlds a non-profit foundation similar to the Python Software Foundation, and Apache.

The FoxyWorlds Software Foundation holds the basic rights to the software and engages in activity to promote and further its use. Any users personal or commercial may donate money, services or equipment as they see fit.You don't gotta, this is a sliding scale that goes all the way to zero if thats all you got. Of course if you ARE filthy rich feel free to send us a wad of cash, it wont go to waste, our server needs to eat too.

Commercial use is a little more complex. Firstly there is a $100.00 site license fee. This is of course totally mandatory. Any code you contribute to us will still be considered opensource though your site content and any special code on your P2P server needed to run your site or game need not be.

Also depending on what type and size of business you are doing, there is a percentage cut that you MUST give us. Nothing personal, but if you are making money outta this then we need to as well. You won't want our network to die as then NOBODY can visit your site, Server upgrades and R&D work cost

money, Its a shame but its true. As the creator of FoxyWorlds I'd like there to be enough cash so that my position can be a paid one, that way I can spend the 8 hours a day I'd have to spend working for someone else working to make FoxyWorlds a success. You may think our commercial use terms a bit

discriminatory but those are the breaks,it is after all our network. Anyway here are the three commercial plans:

PLAN 1 : "mom and pop"

You have 12 or less employees and are engaged in E-commerce, sales, auctions, classifieds or pay to play games, for profit adult dating services, adult social networking or chat sites You can even sell adult novelties or sex toys as long as you follow the rules for age verification if your site contains adult content or speech as long as your site is not

strictly just a porn site, Our cut of your profit will be 2.5%, this is half what many VR networks charge.

PLAN 2 : "big business"

The only differences between this and plan 1 is that you have more than 12 employees. Our cut increases to 5%, I think that's fair.

PLAN 3 : "adult porn site"

Porno is an even bigger moneymaker on the net than Ebay. You folks make money by the sackfull. In this case we do not care about the size of your company and the number of employees is irrelevant. You are in the business of providing sexual content for the purposes of adult sexual gratification. For you, age verification is a MUST and we want you to implement some form of foolproof age verification. NOT like the old Yahoo groups where all you do is click a box that says "I'm 18 let me in", heck my 3 yr old grandson could click that. I don't even know if requiring a credit card number is enough as nowadays you can buy a prepaid Visa card off a grocery store rack.

Talk to me first and tell me how you plan to keep the kiddies out, if it sounds workable then you are go for launch.

Considering how much of a cash cow these sites are your required share that we get is 10%, period. You can complain all you want about the lingeree lady who pays 2.5% or the larger adult dating site paying 5% but I, Raven, am the proud owner of two perforated eardrums and your pitiful wails will hence fall on basically deaf ears.

Your site also REQUIRES pre-approval from us at FoxyWorlds before being linked into our network. Don't even think of suing us over these terms as Foxyworlds reserves the right to not only refuse service to to anyone but also the right to terminate such service we may be providing at any time. Its like any other business serving the public, if we want you outthe door you either go out willingly or get thrown out. Also there will be NO uncensored free samples in your public entrance area out front, NONE WHATSOEVER.

paid serverside hosting

these are the A, B,and C plans. Your world's world database, content (models, textures, sounds, etc. ) are hosted on our server and are thus always on even though your P2P content might not be. This will link into your account in parallel with the subdomain account. Current plans for these are to be priced at $5, $10, and $20 respectively with the more expensive plans providing additional space. We might also be able to host self contained Panda P3D files. Though We'd obviously prefer you ran FoxyWorlds.

So now we come to all those thorny, content related issues like copyright, trademarks, content ownership, objectionable or illegal content and for that matter unacceptable conduct or behavior.

First, the name "FoxyWorlds" is the trademark of the FoxyWorlds Software Foundation as are any variants such as FoxyWorlds.org If you use our opensource code as the basis of a derivative work or build your own master server and thus your own separate network we still expect to be credited for

our work, and for all credits in the source to be maintained intact.

My nine tailed alter ego (Lord Gengoro) in 2D or 3D form is the property of FoxyWorlds and he is my avatar.(raven)

We are implementing a public repository of models, textures, sound effects and script code. Anything you contribute to this goes into the public domain as a community resource and anyone may use or modify as they see fit. Foxy uses a model cache and common objects help cut down bandwidth. That lovely desk you modelled can help others. Kindly do not clutter the repository with huge music or video files, especially any you do not own the rights to.

Your site content however is yours whether stored in account space on our servers or P2P on your system or on third party systems referred to by URL. We do not want to claim rights to your content like several web providers tried years ago resulting in boycotts and sites being moved elsewhere.At

least I'm assuming your site content is yours. "chuckle"

Nowdays its commonplace for folks to spice their pages up with their avorite music, photos, videos etc.often these items are the copyrighted property of someone else. So far the music and media corporations don't seem hell bent on destroying all such pages and scourging their creators from the web, but like all things this may change. Therefore in regard to legal issues involving copyrighted or trademarked content YOU agree to hold us harmless and indemnify us in any such dispute. Basically if we are forced to hire a moneygrubbing lawyer because of your content and the resulting legal

proceedings, he or she will be sending you the bill. Yup thats what indemnify and hold harmless usually entails. I know other sites say that and thats generally how they protect their butts.

As to unacceptable conduct, you are NOT allowed to place into our network or any visitor to your site ANY viruses, trojans, keyloggers, spyware, spambots, browser hijacks, persistent adware, worms or other

malware. You may not plant or otherwise run any malicious code intended to crash the master servers or ANY other machine in the network. You may not execute a denial of service attack, rootkit or other exploit. Doing so WILL result in IMMEDIATE BLACKLISTING of your account and your connection to our

network will be terminated with extreme prejudice.

Sexally propositioning, setting up meetings in the real world for sexual purposes or any similar activity involving a minor user under the age of 18 is also prohibited. If your site contains any form of child pornography your site and all visitors will be traced down and the information delivered to

the police. Personally, we'd like to plunge a hot soldering iron into the eyes of anyone taking such pics. Even though in your country such conent might be legal, we are based in the USA and its illegal here. In places like the Netherlands and Scandinavia 13 year olds may be legal porn fodder but not here. Friends who know say that the US DNS blocks many small servers there due to porn.

FoxyWorlds is basically at least a PG-13 environment due to recent Federal regulations (COPPA) you must be at least 13 to have an account with parent permission.

This brings us to the point of blocks and censorship. If we offend Saudi Arabian or Chinese standards then they will probably block us. I don't know if there is anything we will be able to do, the same thing goes for crappy ISP's that cork up all your ports.

One more legal point, severability, if any part or provision of this agreement is found to be legally indefensable then the other terms still remain in force. Its kinda like chopping the heads off a hydra.

Congratulations, you have reached the end of what may well be the longest TOS document ever written, bask in the warm glow of your accomplishment. Now you can click either "acept" or "decline" as those buttons will now appear.