From their terms of use, note all the arbitrary fines. Reminds me in the 1990s of people threatening to sue junk e-mailers for $500 because they have fax-modems that count as fax machines.
LIQUIDATED DAMAGES. You further agree that if you violate
the TOU, or you encourage, support, benefit from, or induce others to
do so, you will be jointly and severally liable to us for liquidated
damages as follows for: (A) collecting/harvesting CL users'
information, including personal or identifying information - $1 per
violation; (B) publishing/misusing personal or identifying information
of a third party in connection with your use of CL without that party's
express written consent - $1,000 per violation; (C) misrepresenting
your identity or affiliation to anyone in connection with your use of
CL - $1,000 per violation; (D) posting or attempting to post Prohibited
Content - $4 per violation; (E) posting or attempting to post
Prohibited Content in any paid section of CL - the price per post
applicable to that section of CL; (F) sending an
unauthorized/unsolicited email to an email address obtained from CL -
$25 per violation; (G) using CL user information to make/send an
unauthorized/unsolicited text message, call, or communication to a CL
user - $500 per text/call/communication; (H) creating a misleading or
unlawful CL account or buying/selling a CL account - $4 per violation;
(I) abusing or attempting to abuse CL's flagging or reporting processes
- $1 per violation; (J) distributing any software to facilitate
violations of the USE Section - $1,000 per violation; (K) aggregating,
displaying, framing, copying, duplicating, reproducing, making
derivative works from, distributing, licensing, selling, or exploiting
CL content for any purpose without our express written consent - $3,000
for each day you engage in such violations; (L) requesting, viewing, or
accessing more than 1,000 pages of CL in any 24-hour period - $0.25 per
page during the 24 hour period after the first 1,000 pages; (M)
bypassing or attempting to bypass our moderation efforts - $4 per
violation. You agree that these amounts are (1) a reasonable estimate
of our damages (as actual damages are often difficult to calculate),
(2) not a penalty, and (3) not otherwise limiting on our ability to
recover under any legal theory or claim, including statutory damages
and other equitable relief (e.g., for spam, we can elect between the
above liquidated damages or statutory damages under the anti-spam
statute). You further agree that repeated violations of the USE section
will irreparably harm and entitle us to injunctive or equitable relief,
in addition to monetary damages.
LIQUIDATED DAMAGES. You further agree that if you violate
the TOU, or you encourage, support, benefit from, or induce others to
do so, you will be jointly and severally liable to us for liquidated
damages as follows for: (A) collecting/harvesting CL users'
information, including personal or identifying information - $1 per
violation; (B) publishing/misusing personal or identifying information
of a third party in connection with your use of CL without that party's
express written consent - $1,000 per violation; (C) misrepresenting
your identity or affiliation to anyone in connection with your use of
CL - $1,000 per violation; (D) posting or attempting to post Prohibited
Content - $4 per violation; (E) posting or attempting to post
Prohibited Content in any paid section of CL - the price per post
applicable to that section of CL; (F) sending an
unauthorized/unsolicited email to an email address obtained from CL -
$25 per violation; (G) using CL user information to make/send an
unauthorized/unsolicited text message, call, or communication to a CL
user - $500 per text/call/communication; (H) creating a misleading or
unlawful CL account or buying/selling a CL account - $4 per violation;
(I) abusing or attempting to abuse CL's flagging or reporting processes
- $1 per violation; (J) distributing any software to facilitate
violations of the USE Section - $1,000 per violation; (K) aggregating,
displaying, framing, copying, duplicating, reproducing, making
derivative works from, distributing, licensing, selling, or exploiting
CL content for any purpose without our express written consent - $3,000
for each day you engage in such violations; (L) requesting, viewing, or
accessing more than 1,000 pages of CL in any 24-hour period - $0.25 per
page during the 24 hour period after the first 1,000 pages; (M)
bypassing or attempting to bypass our moderation efforts - $4 per
violation. You agree that these amounts are (1) a reasonable estimate
of our damages (as actual damages are often difficult to calculate),
(2) not a penalty, and (3) not otherwise limiting on our ability to
recover under any legal theory or claim, including statutory damages
and other equitable relief (e.g., for spam, we can elect between the
above liquidated damages or statutory damages under the anti-spam
statute). You further agree that repeated violations of the USE section
will irreparably harm and entitle us to injunctive or equitable relief,
in addition to monetary damages.
