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Non-Tech | Nasdaq Subscriber Agreement

To: canuck-l-head who started this subject	4/16/2001 2:19:31 AM
From: canuck-l-head	of 52

Call your online broker and rage against this irresponsible document and the potential intrusion. Call or write the SEC. DON'T TAKE YOUR FREEDOM AND CORPORATE RESPONSIBILITY FOR GRANTED. And don't think that the Nasdaq doesn't have their own interests in mind, front and centre. They don't give a fat rat's ass about what you could be liable for "between the lines". After all, what layman has read and completely understands the "NASD Rules"? Do you read the "NASD Rules" on a continuous basis? Are you confident that you will become aware of any changes to these rules that may affect you? Wake up, Canada, and smell the coffee. It takes intelligent people making intelligent decisions about their own welfare. Don't think that government is benign. THEY KNOW WHAT THEY ARE DOING. If you have already signed this type of agreement with another broker, your input is most appreciated. And the input of your lawyer would be even better. :-)

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To: canuck-l-head who started this subject	4/16/2001 11:38:57 AM
From: AL R	of 52

Here is the response for an Email I sent over the weekend. Essentially, I'd asked for a different Agreement or the option not to receive NASDAQ RTQ. Thank you for your message. This agreement was a requirement recently placed on TD Waterhouse by the NASDAQ in order to continue to provide our clients with real time quotes. We ask that you read the agreement and check the appropriate boxes. Should you not feel comfortable agreeing to the terms you will not get access to WebBroker. Unfortunately WebBroker cannot distinguish between clients who trade on NASDAQ and those who do not. Therefore TD Waterhouse cannot provide limited access to those clients who do not wish to agree to the NASDAQ’s terms and conditions and only wish to trade on the NYSE, TSE, American Exchange or CDNX. We are sorry for any inconvenience this procedure may have caused you. By asking its clients to accept these agreements TD Waterhouse is only acting as an intermediary between the exchange and its clients. Yours Sincerely, Electronic Brokerage Services Help Desk TD Waterhouse Investor Services (Canada) Inc. At first I thought Wrong Answer, then thought about it. I don't believe Contracts or Agreements signed under duress are enforcable. Still going to be a big PR problem for TDWater House. Take Care Al

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To: AL R who wrote (2)	4/17/2001 11:43:29 AM
From: canuck-l-head	of 52

You're driving with your EYES WIDE OPEN, Al. Good for you. Unfortunately, I think most people really don't think about "consequence" until it comes full circle and then they whine and want 60 Minutes to put their grievances on national TV. By that time, they have lost everything, and want the government to compensate them for their stupidity. I would LOOOOOVE to get a full legal opinion on this agreement. I even doubt it has pith and substance in Canada because it doesn't follow basic business practices of full disclosure. How can it be enforceable when it mentions billing the subscriber but it doesn't mention or include the "fee schedule"? And it DOES state, "The Agreement is deemed to have been made in and is subject to United States, District of Columbia, Law". Which MAY OR MAY NOT be the same law in Canada. Crap. Free Trade doesn't mean you can assume laws that apply in the US also apply in Canada. Neither the Nasdaq nor TD Waterhouse have taken the time and consideration to research the jurisdictional merits. Comforting. It wouldn't surprise me if this agreement can't even be upheld in all the States. But who has the time and resources to take it through the courts? (The Nasdaq does!) Even the Better Business Bureau (Canada) would have a field day with this agreement canuck-l-head

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To: AL R who wrote (2)	4/17/2001 6:04:21 PM
From: canuck-l-head	of 52

Update: TD Waterhouse staff can still use WebBroker WITHOUT signing the Nasdaq agreement. Talked to a TD Waterhouse rep who extended a sell order for me today and he said, "I've been trading all day and I didn't sign the agreement. Only thing is I can't trade the Nasdaq. Are you SURE you can't get into your online account?" I tried again, twice, and both times I was taken back to the log-in once I clicked past the agreement... TD Waterhouse told me today (phone) that they are recording the complaints and sending them on to the higher-ups. TD Waterhouse has said that they were TOLD by the Nasdaq that they had to post the agreement. I asked for contact info. for the Nasdaq: New York Office The Nasdaq Stock Market 33 Whitehall Street New York, NY 10004 (212) 858-4000 Email isfeedback@nasdaq.com Office of the Ombudsman ombuds@nasd.com canuck-l-head

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To: canuck-l-head who wrote (4)	4/18/2001 4:33:30 AM
From: rhythm	of 52

That is evasion when they blame Nasdaq. The essential contract is between the client and TDW, and when TDW blocks the client from so much as a view of his account, they are in breach of that contract. They are in possession of your shares and your cash. You have entrusted them with it, and they are betraying your trust. They will offer, after lengthy and creative telephone work on your part, to let you trade over the phone at Webroker prices. This is not enough of course, as you still cannot see your account to check confirmations and record order numbers and details from the Activity page. To shove that contract in a client's face on a Monday morning completely without warning, and then to block him from his account until he signs it under duress, is intolerable, inexcuseable. I will not sign it. If they open up my account very soon and then choose to mail a copy of some contract they wish me to sign with some third party, allowing sufficient time for my lawyer to review it at his convenience, then I may, or may not, continue the account. and may, or may not, discontinue seeking satisfaction from the company by at least taking up as much time of their highest-priced help as possible. TD Bank has an e*mail address to mailto:ombudsman@tdbank.ca There is a TDW board; Subject 33699 A telephone number; Message 15677397 Don't just get mad. Get even.

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To: parker_meridian who wrote (7)	4/18/2001 12:35:23 PM
From: AL R	of 52

Parker "ROFL, obviously you guys have never subscribed to a quote service before...pretty standard stuff. Whats the big deal? Agree and move on..." HUH! Didn't sign any agreements for TSE, MSE, NYSE, CDNX. But that is not the point. I'm not looking for a quote service. I'm looking for access to my accounts. TDW is forcing its' clients to agree to this agreement in order to access their accounts. Doesn't matter if they trade NASDAQ stocks or not. Doesn't matter if they want NASDAQ RTQ. They are acting in the best interest of NASDAQ and not their clients. Maybe be everyone should phone TD's traders for quotes and trades. Keep the employment numbers up for awhile and maybe TD would get the message. Take Care, Al

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To: parker_meridian who wrote (9)	4/18/2001 1:37:46 PM
From: AL R	of 52

One reason why. 7. Subscriber will maintain such accurate and verifiable records regarding the use of the Information and including the number and location of all devices that receive the Information, as may be required, and will make these records available for a period of 3 years in a form acceptable to Nasdaq for inspection by Nasdaq's auditors upon reasonable notice. Subscriber shall make its premises available to Nasdaq for review of said records and for physical inspection of Vendor's Service and of Subscriber's use of the Information, all at reasonable times, upon reasonable notice, to ensure compliance with this Agreement. You'd probably be the first to complain about civil rights when they came knocking and have all sorts of excuses why you didn't comply with the agreement. This is not a disclaimer. Take Care, Al

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