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Old Sep 20, 2006 | 11:34 AM
  #26  
pottermom's Avatar
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From: Хьюсмон
Here is the Carfax reply...

Here is the quick note I wrote to Carfax:

"Carfax has been a hot topic on a auto enthusiast's bullentin board. At issue is whether it is an acceptable practice for a person who has purchased a Carfax account to run a VIN number for another person as a favor. They are not selling the information but are giving their friend the information they obtain through their paid account. The carfax agreement says you cannot use it for commercial use or for resale purchases. Does this mean that running a report for a friend is acceptable? Not giving out your login or selling it, but doing it for them. We would be very grateful if you would clear up this question for us."

Here is the reply I received:

"Thank you for contacting CARFAX.

When a customer purchases a 30 day unlimited account they agree to the following terms and conditions

I agree to pay a one-time charge of $24.99 (USD), plus applicable sales tax, according to my card issuer agreement. This 30 day Unlimited CARFAX Reports Plan is valid for 30 days from the date the first report is run, and is intended for my personal use only. Commercial use, resale and redistribution of CARFAX Reports is strictly prohibited and may lead to deactivation of my account and the imposition of additional charges for CARFAX Reports. I agree that my CARFAX Report purchase shall be governed by all the Terms and Conditions of use of the CARFAX Web Site.

Distributing, meaning providing CARFAX reports to others, especially through a forum is in violation of this agreement. If the CARFAX Fraud and Investigations department determines that an account is being used to provide CARFAX reports to others. We, reserve the right to charge 19.99 per report for these and/or additional violations - particularly if the postings/advertisements are not removed ASAP."



So I take that to mean they do not want you running the reports for a friend. Redistribution in their eyes is redistribution. They did take it to mean that the reports were posted on a forum, which they are not but I feel they are pretty clear about personal use meaning just that... personal use.

So now everyone knows Carfax's stance.
 
Old Sep 20, 2006 | 11:35 AM
  #27  
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ScottRiqui
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I also received a response from Carfax regarding the terms of use of my subscription. The gist of their response was this:

"Technically, running Reports for those outside of your household is still considered a violation of the Customer Agreement."

So interestingly enough, since I originally purchased the subscription in order to help a friend find a used car, and that friend doesn't live with me, I was technically in violation of the User Agreement right from the start. So much for trying to help a friend out.

Anyway, this means that I'm withdrawing my offer to run Carfax reports. Anyone that needs a report can go to www.carfax.com and purchase individual reports or a monthly subscription.

Scott
 
Old Sep 21, 2006 | 10:49 AM
  #28  
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Interesting Wording....

Interesting wording....not of the reply from CarFax, but in the original e-mail with the question.

The person making the inquiry repeatedly used the word "friend". I think that this is a distortion of the actual situation we have been discussing. I suspect that had "another poster to the forum" for "friend", the reply from CarFax might have been worded even more strongly.

But at any rate, I'm glad that this should be the end to this thread. It should now be clear, asking other forum members to run a VIN for you on CarFax is contrary to the user agreement, is stealing, and is dishonest.
 
Old Sep 21, 2006 | 11:12 AM
  #29  
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I am not siding with either side here but one moto I live by is " If You PLAY, you WILL EVENTUALLY PAY" This I have found will apply to almost anything in life, also Let Your Concientce Be Your Guide.
 
Old Sep 21, 2006 | 11:29 AM
  #30  
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STLMINI -- seems you missed the point . . . .in writing ToS agreements, most companies OVERSTEP the legal bounds of what they can prohibit. Some ToS terms (when actually taken to court) are deemd "unconscionable" in a court of law (have personally seen this on four occassions). That is, the terms of the agreement are so adverse and / or restrictive, that even though the user agreed to the terms, the court finds the terms unfair and therefore un-enforceable (legally speaking). Are CarFax's ToS terms "unconscionable" -- I don't know, that would be for a court to decide . . . but the point is, if your read a ToS and assume that every word is enforceable, probably being a little naive. I mean, have you ever gone over the speed limit? If so, you're violating the law as it relates to the use of public roads, and yet you do it because you rationalize that breaking that law is OK and doesn't (observably) harm anyone.

For anyone to jump on someone about CarFax's ToS is pretty myopic-minded in my opinion.
 
Old Sep 21, 2006 | 11:38 AM
  #31  
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Why does any of you guys care what there doing!?

Do you guys own Carfax? Are you there lawyer? Do you work for Carfax?

I think most of the people on this site need to mind there own business and stop wasting there times arguing about threads that have nothing to do with you. If you dont like what someones doing keep it to your self than rather try to be Mr USA and put someone down by telling them the guidlines about that company. Do you guys run to the police station with someones plate number too when you see them go thru a stop sign or blow a yellow/red light??? Geez! :impatient :impatient :impatient

If Carfax really cared about what they know people are going to do anyway with there site, I think they would be doing something about it. the "internet police" isnt gonna stop what people have and been doing since they started that site.
 
Old Sep 21, 2006 | 01:48 PM
  #32  
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Originally Posted by dhodory
STLMINI -- seems you missed the point . . . .in writing ToS agreements, most companies OVERSTEP the legal bounds of what they can prohibit. Some ToS terms (when actually taken to court) are deemd "unconscionable" in a court of law (have personally seen this on four occassions). That is, the terms of the agreement are so adverse and / or restrictive, that even though the user agreed to the terms, the court finds the terms unfair and therefore un-enforceable (legally speaking). Are CarFax's ToS terms "unconscionable" -- I don't know, that would be for a court to decide . . . but the point is, if your read a ToS and assume that every word is enforceable, probably being a little naive. I mean, have you ever gone over the speed limit? If so, you're violating the law as it relates to the use of public roads, and yet you do it because you rationalize that breaking that law is OK and doesn't (observably) harm anyone.

For anyone to jump on someone about CarFax's ToS is pretty myopic-minded in my opinion.
I agree.....The way I see it is that I purchased a report.....that single report is mine to do with as my choosing. I can choose to burn it or GIVE it away.
I CANNOT make 10 copies of it and give it to everyone I know. I think the music and entertainment industry is setting the standard for this type of thing.....You buy it, you own it....but dont make money on it or make copies of it without paying us the keeper of information
 
Old Sep 21, 2006 | 09:25 PM
  #33  
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I can't believe I just read all that... lol
 
Old Sep 29, 2006 | 07:17 AM
  #34  
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From: Hotlanta
Originally Posted by planeguy
I agree.....The way I see it is that I purchased a report.....that single report is mine to do with as my choosing. I can choose to burn it or GIVE it away.
I CANNOT make 10 copies of it and give it to everyone I know. I think the music and entertainment industry is setting the standard for this type of thing.....You buy it, you own it....but dont make money on it or make copies of it without paying us the keeper of information
double post
 
Old Sep 29, 2006 | 07:19 AM
  #35  
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Originally Posted by planeguy
I agree.....The way I see it is that I purchased a report.....that single report is mine to do with as my choosing. I can choose to burn it or GIVE it away.
I CANNOT make 10 copies of it and give it to everyone I know. I think the music and entertainment industry is setting the standard for this type of thing.....You buy it, you own it....but dont make money on it or make copies of it without paying us the keeper of information
So your saying its against the law for me to buy a cd from the store, burn it and give it to my friends???
 
Old Sep 29, 2006 | 08:13 AM
  #36  
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Originally Posted by qwertmonkey
Ok guys! We get it!

He's got what he needs, end of story!
How long is this thread going to continue? Where's that damn popcorn eating smiley?
 
Old Sep 29, 2006 | 08:49 AM
  #37  
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