CorbinFisher.com — the gay porn company (which itself estimates 80 percent of its talent is straight) that’s intent on going after some 40,000 illegal file sharers, closeted gay teens be damned — will also go after its paying customers. That is, if they’re accounts somehow get hacked and intruders use your login information to download and illegally distribute the company’s smut. You’re on the hook, yo!
When you sign up for a credit card, any unauthorized transactions due to fraud are not the responsibility of the card holder. (Legally, you’re liable for up to $50, but most card companies hold you accountable for $0.) But that’s not the case at Corbin Fisher, which, a reader alerts us, recently updated its Terms Of Service to hold paying customers accountable for not safeguarding their username and password. And what if your computer, like hundreds of thousands out there, falls victim to a malware attack due to an operating system vulnerability, and your login gets stolen unknowlingly? Too bad: Corbin Fisher says you’re still on the hook for 25-large. (Emphasis ours.)
You agree to take all possible measures to keep your username and password secure.
You agree that if your password security is breached, you are solely responsible for any damage or liability occurring by this breach.
You agree that, even if you can prove hacking by clear and convincing evidence, you are still liable for any 3rd party use of your username and password.
You specifically agree that if your account is used to download any of Our content and that content is later found on a one-click hosting site, a file locker site, a torrent site, a tube site, or any other site, service or server or any other medium used for sharing content, that You will pay liquidated damages of $25,000 to Us.”
Just like its copyright infringement fishing expedition, I’d love to see a judge uphold these contract terms as valid. Because, FYI to Corbin Fisher’s legal department: You cannot force someone into an ad hoc responsibility; any court would consider these terms void ab initio, and nullify them if this ever reached a courtroom.
But once again it’s evidence Corbin Fisher, a subsidiary of Liberty Media/Excelsior Productions (which also operates AmateurCollegeMen.com) that is run by CEO Jason Gibson, is willing to go after easy marks rather than true culprits.
We checked the Terms Of Service of CorbinFisher.com’s competitors.
• At RandyBlue.com there appears to be no similar mandate written into its contract, though they will hold you liable for $25k if you report a legitimate charge from the site as fraudulent.
• At SeanCody.com, which also threatens a $25k fee if you fraudulently report a charge from the site, your access will be revoked for for intentionally letting someone else use your login (“You agree that if You share Your unique Login name, Your Password or any other online security information with another individual, that Your access to the Web Site is subject to immediate termination without notice or reimbursement of any kind. Any sharing of passwords or any other methods of unauthorized access to the Web Site with any other person is strictly forbidden”). Though like Corbin Fisher, password security is the customer’s responsibility, though note the use of the word “negligence,” which is very different from “You’re responsible no matter what, even an act of god” (“You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Web Site or Materials or services associated with the Web Site or Your Membership that is due to Your negligence or any intentional acts in which You were directly or indirectly involved. You further agree that You will remain liable for any such unauthorized use until You have notified Company’s Customer Service”).
So there’s another reason to totally spend $29.95 on a monthly membership. In the end, it could cost you $25,029.95.