Comment by throwawaythekey
5 years ago
IANAL but as far as I know the existence of verbiage is not on it's own enough to make something binding. There is probably a lot of wiggle room here by jurisdiction as well.
Either way though, it seems like a very strange building block to base your business on. I assume if it were actually binding then many businesses would be hesitant to use namecheap.
I mean, as I said, that's ToS boilerplate. Go look at practically any service you subscribe to or even thought of subscribing to. There will be very similar verbiage there.
To be more concrete, boilerplate != enforceable.
I'm sure Facebook had some pretty good boilerplate (probably something even more strongly worded and custom) and that didn't stop them from being GDPR slapped.
I highly doubt that every single lawyer in the world went, saw the boilerplate, and said “yeah that’s not enforceable but just keep it in”.
We have had this or similar wording for decades now. It has been vetted by many thousands of lawyers at this point. I highly doubt it’s as unenforceable as you’re trying to paint it out to be.