There was a recent blog entry on Active Rain that suggested that postlets wasn’t in compliance with craigslist’s Terms of Use. It said that using postlets on craigslist could get you banned and recommended that agents don’t use postlets with craigslist. Lots of confusion ensued.
First of all, let us say that postlets is in full compliance with craigslist’s ToU. Period. We had discussions with Jim back in January, and he told us two things: 1) remove any links back to postlets.com and 2) make sure you comply with the “posting agents” section of their terms of use. There was no mention of external links to “commercial” sites (more on this later).
We addressed 1) right away by removing all links back to our site. This meant that we had to think of other ways of displaying photos, but we had no choice. We’ve always said that we want to abide by both the letter and spirit of the ToU and be good CL citizens, and we mean it.
Addressing 2) was easy. We’re simply not a posting agent. Here’s what the ToU states:
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on craigslist’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from craigslist.
It further goes on to say that you agree not to:
use any form of automated device or computer program that enables the submission of postings on craigslist without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
Postlets clearly does not post on behalf of the lister nor does it automate the submission of ads on craigslist. Each ad on craigslist requires the user (i.e. the author) to manually create a post, copy/paste our HTML code, receive the confirmation email from craigslist, and respond to it.
Okay. So, what about external links? This is where craigslist’s ToU gets a bit more vague and ambiguous. It states that you agree not to post content:
that includes links to commercial services or web sites, except as allowed in “services”;
So what exactly does “commercial” mean? We felt in the past that adding a link to property-specific information that provides buyers with relevant and incremental knowledge about the property would be permissible. We include fields for “additional property information” and a virtual tour, but with strict messaging that states that these links need to be used for their intended purposes and that they have to be property-specific. Most people listen, but naturally not everyone does. We suspect the bulk of the listings getting flagged are misusing the links (we understand there’s some petty competitive flagging going on as well).
After reading all of the comments on Active Rain, however, we were no longer certain that including fields for external links was in the best interest of our users and craigslist’s users. We thought about it for a while and decided to remove the “Additional Links” section from future craigslist ads. This might not please everyone (you never can), but we feel it’s better to err on the conservative side and that it’s the right thing to do. As always, we welcome your feedback.
We hope this clears things up. Thanks to all our users who’ve stuck with us through all the ups and downs of trying to provide our service.