Parler V Amazon Web Services
Parler V Amazon Web Services
8 David J. Groesbeck
9 WSBA No. 24749
David J. Groesbeck, P.S.
10
1716 Sylvester St. SW
11 Olympia, Washington 98501
12
Tel.: 509-747-2800
Fax: 509-747-2828
13 Email: [email protected]
14
IN THE UNITED STATES DISTRICT COURT
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FOR THE WESTERN DISTRICT OF WASHINGTON
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17
AT SEATTLE
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19 PARLER LLC,
20 No. ______________________
Plaintiff,
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v.
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1. This is a civil action for injunctive relief, including a temporary
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restraining order and preliminary injunctive relief, and damages. Last Month,
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8 Defendant Amazon Web Services, Inc. (“AWS”) and the popular social media
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platform Twitter signed a multi-year deal so that AWS could support the daily
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11 delivery of millions of tweets. AWS currently provides that same service to Parler,
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a conservative microblogging alternative and competitor to Twitter.
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17 Twitter en masse for Parler. The exodus was so large that the next day, yesterday,
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Parler became the number one free app downloaded from Apple’s App Store.
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3. Yet last evening, AWS announced that it would suspend Parler’s
21 account effective Sunday, January 10th, at 11:59 PM PST. And it stated the reason
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for the suspension was that AWS was not confident Parler could properly police its
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27 Pence.” But AWS has no plans nor has it made any threats to suspend Twitter’s
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account.
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5. Thus, AWS is violating Section 1 of the Sherman Antitrust Act in
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combination with Defendant Twitter. AWS is also breaching it contract with
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8 Parler, which requires AWS to provide Parler with a thirty-day notice before
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terminating service, rather than the less than thirty-hour notice AWS actually
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14 future.
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6. This emergency suit seeks a Temporary Restraining Order against
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17 Defendant Amazon Web Services to prevent it from shutting down Parler’s account
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at the end of today. Doing so is the equivalent of pulling the plug on a hospital
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patient on life support. It will kill Parler’s business—at the very time it is set to
21 skyrocket.
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JURISDICTION AND VENUE
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27 26. The Court has supplemental jurisdiction over Parler’s state law claims under
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28 U.S.C. § 1367.
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4 United States and has purposefully availed itself of the benefits and protections of
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both United States and Washington law such that exercise of jurisdiction over AWS
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would comport with due process requirements.
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11 District, and because a substantial part of the events giving rise to Parler’s claims
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occurred in this District. Personal jurisdiction and venue may also be deemed
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14 proper under 15 U.S.C. § 22, because AWS may be found in or transacts business
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in this District.
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17 PARTIES
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10. Plaintiff Parler LLC is a Nevada limited liability corporation with its
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principal place of business in Henderson, Nevada. Parler is “the solution to
21 problems that have surfaced in recent years due to changes in Big Tech policy
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influenced by various special-interest groups.” Our Company,
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4 Washington. AWS is the world’s leading cloud service providers, capturing a third
5
of the global market. See Global Cloud Infrastructure Market Q3 2020,
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https://www.canalys.com/newsroom/worldwide-cloud-market-q320. This is almost
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8 double the next largest competitor, and equal to the next three largest competitors
9
combined. Id. AWS generates tens of billions of dollars in revenue annually. Id.
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11 12. According to its own press release, “[f]or 14 years, [AWS] has been the
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world’s most comprehensive and broadly adopted cloud platform.” Twitter Selects
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14 AWS as Strategic Provider to Serve Timelines, Press Center, Amazon, (Dec. 15,
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2020), https://press.aboutamazon.com/news-releases/news-release-details/twitter-
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20
government agencies—trust AWS to power their infrastructure, become more agile,
21 and lower costs.” Id. In short, AWS is the Rolls Royce of cloud platform providers.
22
FACTS
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13. Parler contracts with AWS to provide the cloud computing services
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26 Parler needs for its apps and website to function on the internet. Further, that both
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the apps and the website are written to work with AWS’s technology. To have to
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29 switch to a different service provider would require rewriting that code, meaning
30
6
many social media platforms, Parler’s business model is not based on subscription
7 fees.
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9 15. Less than a month ago, AWS announced with a press release a new
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multi-year deal with Twitter. AWS will “provide global cloud infrastructure to
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15 https://press.aboutamazon.com/news-releases/news-release-details/twitter-
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selects-aws-strategic-provider-serve-timelines.
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16. According to the deal, “Twitter will leverage AWS’s proven
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infrastructure and portfolio of services to support delivery of millions of daily
21 Tweets.” Id. Further, “[t]his expansion onto AWS marks the first time that Twitter
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is leveraging the public cloud to scale their real-time service.” Id. This deal “buil[t]
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27 support its distribution of images, videos and ad content.” Id. What is more,
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together “Twitter and AWS will create an architecture that extends Twitter’s on-
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1 premises infrastructure to enable them to seamlessly run and scale the real-time
2
service globally, increase its reliability . . ., and rapidly move new features into
3
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17. At the same time, Parler began to significantly increase its usership
6
at the expense of Twitter. After the election in November, the New York Times
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8 reported that “millions have migrated to alternative social media and media sites
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like Parler . . . .” Mike Isaac & Kellen Browning, Fact-Checked on Facebook and
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11 Twitter, Some Conservatives Switch Their Apps, NY Times (Nov. 18, 2020),
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https://www.nytimes.com/2020/11/11/technology/parler-rumble-newsmax.html. In
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14 fact, less than a week after Election Day, between November 3rd and November
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8th, Parler’s app experienced nearly one million downloads. See Parler, A
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17 Conservative Twitter Clone, Has Seen Nearly 1 Million Downloads Since Election
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Day, The Verge (Nov. 9, 2020),
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https://www.theverge.com/2020/11/9/21557219/parler-conservative-app-download-
24 same week the Parler app went from 486th to 1st in the Google Play rankings. Id.
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Not surprisingly, “the app was the 10th most downloaded social media app in 2020
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27 with 8.1 million new installs.” Jonathan Schieber, Parler Jumps to No. 1 on App
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Store after Facebook and Twitter Ban Trump, TechCrunch (Jan. 9, 2021),
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1 https://techcrunch.com/2021/01/09/parler-jumps-to-no-1-on-app-store-after-
2
facebook-and-twitter-bans/.
3
5
Twitter’s announcement two days ago that it would permanently ban President
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Trump from its platform. Id. On that day, last Friday, Parler saw installs increase
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11 See Yelena Dzhanova, Top Conservative Figures are Tweeting to Advertise their
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Parler Accounts After Trump was Permanently Banned from Twitter, Business
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parler-twitter-trump-ban.
24 Twitter, this would be an astronomical boon to Parley and a heavy blow to Twitter.
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See Donald J. Trump (@realDonaldTrump) Twitter Statistics, Socialbakers,
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27 https://www.socialbakers.com/statistics/twitter/profiles/detail/25073877-
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realdonaldtrump.
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1 20. Given the context of Parler’s looming threat to Twitter and the fact
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that the Twitter ban might not long muzzle the President if he switched to Parler,
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4 potentially bringing tens of millions of followers with him, AWS moved to shut
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down Parler. See id.
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21. Yesterday evening, at 6:07 pm PST, web news site BuzzFeed posted
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8 an article with screenshots of a letter from AWS to Parler, informing Parler that
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its account would be suspended at 11:59 pm PST on Sunday, less than thirty hours
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11 later. See John Paczkowski, Amazon Is Booting Parler Off of Its Web Hosting
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Service, BuzzFeed (Jan. 9, 2021),
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14 https://www.buzzfeednews.com/article/johnpaczkowski/amazon-parler-aws.
15
Strangely, the article with the letter was posted before Parler itself received the
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17 letter in an email, received at 7:19 pm PST, over an hour after the BuzzFeed article
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went online, meaning AWS leaked the letter to BuzzFeed before sending it to
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Parler. See Exhibit A.
21 22. Last evening, the Associated Press reported that “Parler may be the
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leading candidate” for President Trump after his Twitter ban as “[e]xperts had
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24 predicted Trump might pop up on Parler . . . .”). Frank Bajak, Squelched by Twitter,
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Trump Seeks New Online Megaphone, Associated Press (Jan. 9, 2021),
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27 https://apnews.com/article/donald-trump-politics-media-social-media-coronavirus-
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pandemic-f5b565ca93a792640211e6438f2db842. However, the AP also observed
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1 that “Amazon struck [a] blow Saturday [against the chances of Trump adopting
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the platform], informing Parler it would need to look for a new web-hosting service
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5
23. This death blow by AWS could not come at a worse time for Parler—
6
a time when the company is surging with the potential of even more explosive
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8 growth in the next few days. Worse than the timing is the result—Parler has tried
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to find alternative companies to host it and they have fallen through. It has no
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11 other options. Without AWS, Parler is finished as it has no way to get online. And
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a delay of granting this TRO by even one day could also sound Parler’s death knell
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17 the public sphere. See Kevin Shalvey, Parler’s CEO John Matze Responded Angrily
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After Jack Dorsey Endorsed Apple’s Removal of the Social Network Favored by
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Conservatives, Busines Insider (Jan. 10, 2021),
21 https://www.businessinsider.com/parler-john-matze-responded-angrily-jack-
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dorsey-apple-ban-2021-1.
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24
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1 AWS indefinitely suspending Parler’s account is categorically different than Google or Apple
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dropping Parler from their app stores. In the instance of the latter, existing Parler users can still use
28 its app—it’s just harder for Parler to sign up new users. But with AWS’s move, both existing users
and new users are completely prevented from using the app until Parler can find some other service
29 to replace AWS. Users are also prevented from using Parler’s website, which is likewise dependent
upon AWS.
30
4 Isaac & Browning, Fact-checked on Facebook and Twitter, supra. If Parler is not
5
available, people will turn to alternatives, or perhaps return to Twitter or
6
Facebook. What is more, Parler’s current users are likely to leave and go to another
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8 platform if Parler is down for an indefinite period. And once those users have begun
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to use another platform, they may not return to Parler once it’s back online.
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11 25. And by silencing Parler, AWS silences the millions of Parler users
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who do not feel their free speech is protected by Twitter or other social media apps.
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14 26. What is more, by pulling the plug on Parler but leaving Twitter alone
15
despite identical conduct by users on both sites, AWS reveals that its expressed
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17 reasons for suspending Parler’s account are but pretext. In its note announcing the
18
pending termination of Parler’s service, AWS alleged that “[o]ver the past several
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weeks, we’ve reported 98 examples to Parler of posts that clearly encourage and
21 incite violence.” Exhibit A. AWS provide a few examples, including one that stated,
22
“How bout make them hang?”, followed by a series of hashtags, including “#fu--
23
24 mikepence.” Id.
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27. AWS further stated to Parler that the “violent content on your website
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27 . . . violates our terms.” Id. Because, AWS declared, “we cannot provide services to
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a customer that is unable to effectively identify and remove content that
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4 28. However, the day before, on Friday, one of the top trends on Twitter
5
was “Hang Mike Pence,” with over 14,000 tweets. See Peter Aitken, ‘Hang Mike
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Pence’ Trends on Twitter After Platform Suspends Trump for Risk of ‘Incitement of
7
11 observed that Twitter and other social media platforms are partly culpable for the
12
Capital Hill riot, by allowing rioters to communicate and rile each other up. See
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14 Erika D. Smith, How Twitter, Facebook are Partly Culpable for Trump DC Riot,
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LA Times (Jan. 6, 2021), https://www.latimes.com/california/story/2021-01-06/how-
16
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ignored by AWS.
21 29. AWS knew its allegations contained in the letter it leaked to the press
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that Parler was not able to find and remove content that encouraged violence was
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24 false—because over the last few days Parler had removed everything AWS had
25
brought to its attention and more. Yet AWS sought to defame Parler nonetheless.
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27 And because of AWS false claims, leaked to the public, Parler has not only lost
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current and future customers, but Parler has also been unable to find an
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1 alternative web hosting company. In short, AWS false claims have made Parler a
2
pariah.
3
9 allegations set forth in the rest of this Complaint as if fully set forth herein.
10
31. Section 1 of the Sherman Act prohibits “[e]very contract, combination
11
12
in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce .
13 . .” 15 U.S.C. § 1. “To state a claim under Section 1, a plaintiff must allege facts
14
that, if true, will prove: (1) the existence of a conspiracy, (2) intention on the part
15
22 entered into a multi-year deal. Late Friday evening, Twitter banned President
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Trump from using its platform, thereby driving enormous numbers of its users to
24
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Parler. Twenty-four hours later, AWS announced it would indefinitely suspend
26 Parler’s account.
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33. AWS’s reasons for doing so are not consistent with its treatment of
28
1 34. By suspending Parler’s account, AWS will remove from the market a
2
surging player, severely restraining commerce in the microblogging services
3
4 market.
5
35. AWS’s actions violate the Sherman Act, 5 U.S.C. § 1.
6
36. Parler is entitled to injunctive relief.
7
13 allegations set forth in the rest of this Complaint as if fully set forth herein.
14
38. Under Washington law, “[a] breach of contract is actionable only if the
15
16 contract imposes a duty, the duty is breached, and the breach proximately causes
17
damage to the claimant.” See Northwest Independent Forest Mfrs. v. Dept. of Labor
18
22
terminate the agreement “for cause if the other party is in material breach of this
23 Agreement and the material breach remains uncured for a period of 30 days from
24
receipt of notice by the other party.” Exhibit B.
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1 41. The next day, January 9, 2021, AWS brought more “bad” content to
2
Parler and Parler took down all of that content by the evening.
3
4 42. Thus, there was no uncured material breach of the Agreement for 30
5
days, as required for termination.
6
43. Further, while AWS used the term “suspension” in its notice to Parler,
7
8 it stated that it would “ensure that all of your data is preserved for you to migrate
9
to your own servers, and will work with you as best as we can to help your
10
11 migration.” Exhibit A. This is not action AWS would take for a temporary
12
suspension, but rather for a permanent termination. Thus, whatever words AWS
13
17 an online presence for at least a week, depriving Parler’s current users of any use
18
of the app and website, and completely preventing any new users from
19
20
downloading and using the app, or the website.
21 45. Thus, AWS will have breached its contract with and harmed Parler.
22
Further, lost future profits in this case are difficult to calculate due to the rapidly
23
24 increasing nature of Parler’s user base. That’s because “[t]he usual method for
25
proving lost profits is to establish profit history.” Tiegs v. Watts, 135 Wash.2d 1
26
27 (1998). But that history will, at best, undervalue the future given how quickly
28
Parler is growing. And at worst, Parler will get nothing as “[l]ost profits cannot be
29
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1 recovered where they are speculative, uncertain and conjectural” because “[t]he
2
amount of lost profits must be established with reasonable certainty.” Id. Thus,
3
4 money damages may not be available, but at the least are insufficient to make
5
Parler whole.
6
46. Parler is entitled to injunctive relief.
7
25
108 Wn. App. 500, 506, 31 P.3d 698 (2001).
26 49. Parler currently has over 12 million users under contract. It expects to
27
add millions more this week given its growth the last few days and the growing
28
1 50. AWS is aware of Parler’s user numbers and current trends. AWS also
2
knew that Parler was negotiating with it to increase its server capacity given this
3
4 ongoing and expected growth. AWS also knew of public speculation that Trump,
5
with his nearly 90 million Twitter followers, was going to switch to Parler, likely
6
bringing many of those followers with him. Finally, AWS also knew from public
7
14 Parler was not in violation (and when Twitter was engaging in identical conduct
15
but AWS did not terminate its contract with Twitter).
16
20
noted above, given the speculative nature of Parler’s financial and reputational
29 maintain Parler’s account until further notice from this Court, and to refrain from
30
5
determined at trial.
6
C. Grant Parler such other relief as the Court deems just and proper.
7
9
///
10
11 ///
12
///
13
14 ///
15
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Respectfully submitted,
19
20
/s David J. Groesbeck
21 WSBA No. 24749
22
DAVID J. GROESBECK, P.S.
1716 Sylvester St. SW
23 Olympia, WA 98501
24 (509) 747-2800
[email protected]
25
30
VERIFICATION
I, John Matze, say that I am the Chief Executive Officer of Parler LLC in the
case captioned Parler LLC v. Amazon Web Services, Inc., in the U.S. District Court
for the Western District of Washington, and have authorized the filing of this
complaint. I have reviewed the allegations made in the complaint, and to those
Verified by:
John Matze
Chief Executive Officer, Parler LLC
Case 2:21-cv-00031-BJR Document 1-1 Filed 01/11/21 Page 1 of 3
EXHIBIT A
1/10/2021 Case 2:21-cv-00031-BJR Document 1-1Phillips
Mail - James Filed 01/11/21 Page 2 of 3
- Outlook
Dear Amy,
Thank you for speaking with us earlier today.
As we discussed on the phone yesterday and this morning, we remain troubled by the repeated viola ons of our terms of
service. Over the past several weeks, we’ve reported 98 examples to Parler of posts that clearly encourage
and incite violence. Here are a few examples below from the ones we’ve sent previously:
https://outlook.office.com/mail/inbox/id/AAQkADBhNzZhM2IzLTNjN2UtNDVjYy1iN2ZlLTJjNjg1OTgyYWM4OAAQAMi2hbgHdAZBvARI4kB6aTw%3D 1/2
1/10/2021 Case 2:21-cv-00031-BJR Document 1-1Phillips
Mail - James Filed 01/11/21 Page 3 of 3
- Outlook
Recently, we’ve seen a steady increase in this violent content on your website, all of which violates our terms. It’s clear
that Parler does not have an effec ve process to comply with the AWS terms of service. It also seems that Parler is s ll
trying to determine its posi on on content modera on. You remove some violent content when contacted by us or
others, but not always with urgency. Your CEO recently stated publicly that he doesn’t “feel responsible for any of this,
and neither should the pla orm.” This morning, you shared that you have a plan to more proac vely moderate violent
content, but plan to do so manually with volunteers. It’s our view that this nascent plan to use volunteers to promptly
iden fy and remove dangerous content will not work in light of the rapidly growing number of violent posts. This
is further demonstrated by the fact that you s ll have not taken down much of the content that we’ve sent you. Given the
unfortunate events that transpired this past week in Washington, D.C., there is serious risk that this type of content will
further incite violence.
AWS provides technology and services to customers across the poli cal spectrum, and we con nue to respect Parler’s
right to determine for itself what content it will allow on its site. However, we cannot provide services to a customer that
is unable to effec vely iden fy and remove content that encourages or incites violence against others. Because Parler
cannot comply with our terms of service and poses a very real risk to public safety, we plan to suspend Parler’s account
effec ve Sunday, January 10th, at 11:59PM PST. We will ensure that all of your data is preserved for you to migrate to
your own servers, and will work with you as best as we can to help your migra on.
- AWS Trust & Safety Team
https://outlook.office.com/mail/inbox/id/AAQkADBhNzZhM2IzLTNjN2UtNDVjYy1iN2ZlLTJjNjg1OTgyYWM4OAAQAMi2hbgHdAZBvARI4kB6aTw%3D 2/2
Case 2:21-cv-00031-BJR Document 1-2 Filed 01/11/21 Page 1 of 23
EXHIBIT B
1/9/2021 Case 2:21-cv-00031-BJR Document 1-2 Filed
AWS Customer 01/11/21 Page 2 of 23
Agreement
LEGAL
AWS Customer Agreement
AWS Customer Agreement
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AWS Customer 01/11/21 Page 3 of 23
Agreement
This AWS Customer Agreement (this “Agreement”) contains the terms and
LEGAL
conditions that govern your access to and use of the Service Offerings (as
defined below) and is an agreement between the applicable AWS Contracting
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Party specified in Section 14 below (also referred to as “AWS,” “we,” “us,” or
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month notice period (a) would pose a security or intellectual property issue to
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Agreement
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use of Your Content or the Service Offerings will not violate any of the
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Agreement
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Agreement
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Tax. All payments made by you to us under this Agreement will be made free
Create Free Account and clear of any deduction or withholding, as may be required by law. If any
such deduction or withholding (including but not limited to cross-border
withholding taxes) is required on any payment, you will pay such additional
amounts as are necessary so that the net amount received by us is equal to
the amount then due and payable under this Agreement. We will provide you
with such tax forms as are reasonably requested in order to reduce or
eliminate the amount of any withholding or deduction for taxes in respect of
payments made under this Agreement.
6. Temporary Suspension.
6.1 Generally. We may suspend your or any End User’s right to access or use
any portion or all of the Service Offerings immediately upon notice to you if
we determine:
(a) your or an End User’s use of the Service Offerings (i) poses a security
risk to the Service Offerings or any third party, (ii) could adversely
impact our systems, the Service Offerings or the systems or Content of
any other AWS customer, (iii) could subject us, our affiliates, or any
third party to liability, or (iv) could be fraudulent;
(b) you are, or any End User is, in breach of this Agreement;
6.2 Effect of Suspension. If we suspend your right to access or use any portion
or all of the Service Offerings:
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(a) you remain responsible for all fees and charges you incur during the
period of suspension; and
(b) you will not be entitled to any service credits under the Service
Level Agreements for any period of suspension.
7.1 Term. The term of this Agreement will commence on the Effective Date
AWS Customer Agreement
and will remain in effect until terminated under this Section 7. Any notice of
termination of this Agreement by either party to the other must include a
Termination Date that complies with the notice periods in Section 7.2.
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7.2 Termination.
Create Free Account
(a) Termination for Convenience. You may terminate this Agreement for
any reason by providing us notice and closing your account for all
Services for which we provide an account closing mechanism. We may
terminate this Agreement for any reason by providing you at least 30
days’ advance notice.
(i) By Either Party. Either party may terminate this Agreement for
cause if the other party is in material breach of this Agreement
and the material breach remains uncured for a period of 30 days
from receipt of notice by the other party. No later than the
Termination Date, you will close your account.
(i) except as provided in Section 7.3(b), all your rights under this
Agreement immediately terminate;
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(ii) you remain responsible for all fees and charges you have
incurred through the Termination Date and are responsible for
any fees and charges you incur during the post-termination
period described in Section 7.3(b);
(iii) you will immediately return or, if instructed by us, destroy all
LEGAL AWS Content in your possession; and
(i) we will not take action to remove from the AWS systems any
of Your Content as a result of the termination; and
(ii) we will allow you to retrieve Your Content from the Services
only if you have paid all amounts due under this Agreement.
For any use of the Services after the Termination Date, the terms of this
Agreement will apply and you will pay the applicable fees at the rates under
Section 5.
8. Proprietary Rights.
8.2 Adequate Rights. You represent and warrant to us that: (a) you or your
licensors own all right, title, and interest in and to Your Content and
Suggestions; (b) you have all rights in Your Content and Suggestions
necessary to grant the rights contemplated by this Agreement; and (c) none
of Your Content or End Users’ use of Your Content or the Service Offerings
will violate the Acceptable Use Policy.
8.3 Service Offerings License. We or our licensors own all right, title, and
interest in and to the Service Offerings, and all related technology and
intellectual property rights. Subject to the terms of this Agreement, we grant
you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable
license to do the following: (a) access and use the Services solely in
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accordance with this Agreement; and (b) copy and use the AWS Content solely
in connection with your permitted use of the Services. Except as provided in
this Section 8.3, you obtain no rights under this Agreement from us, our
affiliates or our licensors to the Service Offerings, including any related
intellectual property rights. Some AWS Content and Third-Party Content may
be provided to you under a separate license, such as the Apache License,
LEGAL Version 2.0, or other open source license. In the event of a conflict between
this Agreement and any separate license, the separate license will prevail with
respect to
the AWS Content or Third-Party Content that is the subject of such
AWS Customer Agreement
separate license.
8.4 License Restrictions. Neither you nor any End User will use the Service
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Offerings in any manner or for any purpose other than as expressly permitted
Create Free Account by this Agreement. Neither you nor any End User will, or will attempt to (a)
modify, distribute, alter, tamper with, repair, or otherwise create derivative
works of any Content included in the Service Offerings (except to the extent
Content included in the Service Offerings is provided to you under a separate
license that expressly permits the creation of derivative works), (b) reverse
engineer, disassemble, or decompile the Service Offerings or apply any other
process or procedure to derive the source code of any software included in
the Service Offerings (except to the extent applicable law doesn’t allow this
restriction), (c) access or use the Service Offerings in a way intended to avoid
incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense
the Service Offerings. You may only use the AWS Marks in accordance with
the Trademark Use Guidelines. You will not misrepresent or embellish the
relationship between us and you (including by expressing or implying that we
support, sponsor, endorse, or contribute to you or your business endeavors).
You will not imply any relationship or affiliation between us and you except as
expressly permitted by this Agreement.
9. Indemnification.
9.1 General. You will defend, indemnify, and hold harmless us, our affiliates
and licensors, and each of their respective employees, officers, directors, and
representatives from and against any Losses arising out of or relating to any
third-party claim concerning: (a) your or any End Users’ use of the Service
Offerings (including any activities under your AWS account and use by your
employees and personnel); (b) breach of this Agreement or violation of
applicable law by you, End Users or Your Content; or (c) a dispute between
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you and any End User. You will reimburse us for reasonable attorneys’ fees, as
well as our employees’ and contractors’ time and materials spent responding
to any third party subpoena or other compulsory legal order or process
associated with third party claims described in (a) through (c) above at our
then-current hourly rates.
LEGAL
9.2 Intellectual Property.
(a) Subject to the limitations in this Section 9, AWS will defend you and
AWS Customer Agreement
your employees, officers, and directors against any third-party claim
alleging that the Services infringe or misappropriate that third party’s
intellectual property rights, and will pay the amount of any adverse
Get Started for Free final judgment or settlement.
(c) Neither party will have obligations or liability under this Section 9.2
arising from infringement by combinations of the Services or Your
Content, as applicable, with any other product, service, software, data,
content or method. In addition, AWS will have no obligations or liability
arising from your or any End User’s use of the Services after AWS has
notified you to discontinue such use. The remedies provided in this
Section 9.2 are the sole and exclusive remedies for any third-party
claims of infringement or misappropriation of intellectual property
rights by the Services or by Your Content.
(d) For any claim covered by Section 9.2(a), AWS will, at its election,
either: (i) procure the rights to use that portion of the Services alleged
to be infringing; (ii) replace the alleged infringing portion of the
Services with a non-infringing alternative; (iii) modify the alleged
infringing portion of the Services to make it non-infringing; or (iv)
terminate the allegedly infringing portion of the Services or this
Agreement.
9.3 Process. The obligations under this Section 9 will apply only if the party
seeking defense or indemnity: (a) gives the other party prompt written notice
of the claim; (b) permits the other party to control the defense and
settlement of the claim; and (c) reasonably cooperates with the other party
(at the other party’s expense) in the defense and settlement of the claim. In
no event will a party agree to any settlement of any claim that involves any
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commitment, other than the payment of money, without the written consent
of the other party.
10. Disclaimers.
THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT
PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY
LEGAL
THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES
AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
AWS Customer Agreement
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING
THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM
ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF
Get Started for Free MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF
Create Free Account
ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE
OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR
FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT
WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES,
CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER,
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE
RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES
ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES,
INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS
AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II)
OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR,
(III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL
AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL
OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY
INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION
WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE
OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY
OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT
OBLIGATIONS UNDER SECTION 9.2, OUR AND OUR AFFILIATES’ AND
LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT
EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR
THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS
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We may modify this Agreement (including any Policies) at any time by posting
a revised version on the AWS Site or by otherwise notifying you in accordance
LEGAL
with Section 13.10; provided, however, that we will provide at least 90 days’
advance notice in accordance with Section 13.10 for adverse changes to any
AWS Customer Agreement
Service Level Agreement. Subject to the 90 day advance notice requirement
with respect to adverse changes to Service Level Agreements, the modified
terms will become effective upon posting or, if we notify you by email, as
Get Started for Free stated in the email message. By continuing to use the Service Offerings after
the effective date of any modifications to this Agreement, you agree to be
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bound by the modified terms. It is your responsibility to check the AWS Site
regularly for modifications to this Agreement. We last modified this
Agreement on the date listed at the end of this Agreement.
13. Miscellaneous.
13.1 Assignment. You will not assign or otherwise transfer this Agreement or
any of your rights and obligations under this Agreement, without our prior
written consent. Any assignment or transfer in violation of this Section 13.1
will be void. We may assign this Agreement without your consent (a) in
connection with a merger, acquisition or sale of all or substantially all of our
assets, or (b) to any affiliate or as part of a corporate reorganization; and
effective upon such assignment, the assignee is deemed substituted for AWS
as a party to this Agreement and AWS is fully released from all of its
obligations and duties to perform under this Agreement. Subject to the
foregoing, this Agreement will be binding upon, and inure to the benefit of
the parties and their respective permitted successors and assigns.
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LEGAL
13.3 Force Majeure. We and our affiliates will not be liable for any delay or
failure to perform any obligation under this Agreement where the delay or
failure results from any cause beyond our reasonable control, including acts
AWS Customer Agreement
of God, labor disputes or other industrial disturbances, electrical or power
outages, utilities or other telecommunications failures, earthquake, storms or
other elements of nature, blockages, embargoes, riots, acts or orders of
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government, acts of terrorism, or war.
13.5 Disputes. Any dispute or claim relating in any way to your use of the
Service Offerings, or to any products or services sold or distributed by AWS
will be adjudicated in the Governing Courts, and you consent to exclusive
jurisdiction and venue in the Governing Courts, subject to the additional
provisions below.
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determines the claims are frivolous. We will not seek attorneys' fees
and costs in arbitration unless the arbitrator determines the claims are
frivolous. You may choose to have the arbitration conducted by
telephone, based on written submissions, or at a mutually agreed
location. We and you agree that any dispute resolution proceedings will
be conducted only on an individual basis and not in a class,
LEGAL consolidated or representative action. If for any reason a claim
proceeds in court rather than in arbitration we and you waive any right
to a jury trial. Notwithstanding the foregoing we and you both agree
AWS Customer Agreement
that you or we may bring suit in court to enjoin infringement or other
misuse of intellectual property rights.
13.6 Trade Compliance. In connection with this Agreement, each party will
comply with all applicable import, re-import, sanctions, anti-boycott, export,
and re-export control laws and regulations, including all such laws and
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13.9 Confidentiality and Publicity. You may use AWS Confidential Information
only in connection with your use of the Service Offerings as permitted under
this Agreement. You will not disclose AWS Confidential Information during
the Term or at any time during the 5-year period following the end of the
Term. You will take all reasonable measures to avoid disclosure, dissemination
or unauthorized use of AWS Confidential Information, including, at a
minimum, those measures you take to protect your own confidential
information of a similar nature. You will not issue any press release or make
any other public communication with respect to this Agreement or your use
of the Service Offerings.
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13.10 Notice.
(a) To You. We may provide any notice to you under this Agreement by:
(i) posting a notice on the AWS Site; or (ii) sending a message to the
email address then associated with your account. Notices we provide by
posting on the AWS Site will be effective upon posting and notices we
LEGAL provide by email will be effective when we send the email. It is your
responsibility to keep your email address current. You will be deemed
AWS Customer Agreement to have received any email sent to the email address then associated
with your account when we send the email, whether or not you actually
receive the email.
13.12 U.S. Government Rights. The Service Offerings are provided to the U.S.
Government as “commercial items,” “commercial computer software,”
“commercial computer software documentation,” and “technical data” with
the same rights and restrictions generally applicable to the Service Offerings.
If you are using the Service Offerings on behalf of the U.S. Government and
these terms fail to meet the U.S. Government’s needs or are inconsistent in
any respect with federal law, you will immediately discontinue your use of the
Service Offerings. The terms “commercial item” “commercial computer
software,” “commercial computer software documentation,” and “technical
data” are defined in the Federal Acquisition Regulation and the Defense
Federal Acquisition Regulation Supplement.
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14. Definitions.
AWS Customer Agreement
“Acceptable Use Policy” means the policy located at
http://aws.amazon.com/aup (and any successor or related locations
designated by us), as it may be updated by us from time to time.
Get Started for Free
“Account Country” is the country associated with your account. If you have
Create Free Account
provided a valid tax registration number for your account, then your Account
Country is the country associated with your tax registration. If you have not
provided a valid tax registration, then your Account Country is the country
where your billing address is located, except if you have a credit card
associated with your AWS account that is issued in a different country and
your contact address is also in that country, then your Account Country is that
different country.
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"AWS Contracting Party" means the party identified in the table below, based
Get Started for Free on your Account Country. If you change your Account Country to one
identified to a different AWS Contracting Party below, you agree that this
Create Free Account
Agreement is then assigned to the new AWS Contracting Party under Section
13.1 without any further action required by either party.
12th Floor GS Tower,
508 Nonhyeon-ro,
Amazon Web
South Korea N/A Gangnam-gu, Seoul,
Services Korea LLC
06141, Republic of
Korea
Any country within
Europe, the Middle 38 Avenue John F.
Amazon Web 352 2789
East, or Africa Kennedy, L-1855,
Services EMEA SARL 0057
(excluding South Luxembourg
Africa) ("EMEA")**
Any country that is Amazon Web 206-266- 410 Terry Avenue
not listed in this Services, Inc 7010 North,
table above. Seattle, WA 98109-
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5210
U.S.A.
*Brazil is your Account Country only if you have provided a valid Brazilian Tax
Registration Number (CPF/CNPJ number) for your account. If your billing
address is located in Brazil but you have not provided a valid Brazilian Tax
Registration Number (CPF/CNPJ number), then Amazon Web Services, Inc. is
LEGAL
the AWS Contracting Party for your account.
Get Started for Free “AWS Marks” means any trademarks, service marks, service or trade names,
logos, and other designations of AWS and its affiliates that we may make
Create Free Account
available to you in connection with this Agreement.
“Documentation” means the user guides and admin guides (in each case
exclusive of content referenced via hyperlink) for the Services located at
http://aws.amazon.com/documentation (and any successor or related
locations designated by us), as such user guides and admin guides may be
updated by AWS from time to time.
“End User” means any individual or entity that directly or indirectly through
another user: (a) accesses or uses Your Content; or (b) otherwise accesses or
uses the Service Offerings under your account. The term “End User” does not
include individuals or entities when they are accessing or using the Services or
any Content under their own AWS account, rather than under your account.
"Governing Laws" and “Governing Courts” mean, for each AWS Contracting
Party, the laws and courts set forth in the following table:
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Amazon Web Services The laws of the Grand The courts in the district
EMEA SARL Duchy of Luxembourg
of Luxembourg City
“Losses” means any claims, damages, losses, liabilities, costs, and expenses
(including reasonable attorneys’ fees).
“Policies” means the Acceptable Use Policy, Privacy Notice, the Site Terms, the
Service Terms, the Trademark Use Guidelines, all restrictions described in the
AWS Content and on the AWS Site, and any other policy or terms referenced
in or incorporated into this Agreement, but does not include whitepapers or
other marketing materials referenced on the AWS Site.
“Service Attributes” means Service usage data related to your account, such
as resource identifiers, metadata tags, security and access roles, rules, usage
policies, permissions, usage statistics and analytics.
“Service Level Agreement” means all service level agreements that we offer
with respect to the Services and post on the AWS Site, as they may be
updated by us from time to time. The service level agreements we offer with
respect to the Services are located at https://aws.amazon.com/legal/service-
level-agreements/ (and any successor or related locations designated by
AWS), as may be updated by AWS from time to time.
“Service Offerings” means the Services (including associated APIs), the AWS
Content, the AWS Marks, and any other product or service provided by us
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“Your Content” means Content that you or any End User transfers to us for
processing, storage or hosting by the Services in connection with your AWS
account and any computational results that you or any End User derive from
the foregoing through their use of the Services. For example, Your Content
includes Content that you or any End User stores in Amazon Simple Storage
Service. Your Content does not include Account Information.
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Agreement
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©LEGAL
2021, Amazon Web Services, Inc. or its affiliates. All rights reserved.
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Case 2:21-cv-00031-BJR Document 1-3 Filed 01/11/21 Page 1 of 2
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: David J. Groesbeck
WSBA No. 24749
David J. Groesbeck, P.S.
1716 Sylvester St. SW
Olympia, WA 98501
(509) 747-2800
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 2:21-cv-00031-BJR Document 1-3 Filed 01/11/21 Page 2 of 2
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
Parler LLC, a Nevada limited liability company Amazon Web Services, Inc., a Delaware corporation
(b) County of Residence of First Listed Plaintiff Clark County, NV County of Residence of First Listed Defendant King County. WA
(EXCEPT IN US. PLAINTIFF CASES) (IN US. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (if Known)
David J. Groesbeck, David J. Groesbeck, P.S.
1716 Sylvester St. SW, Olympia, WA 98501
509-747-2800
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for PlaintVf
(For Diversity Cases Only) and One Boxfor Defendant)
0 1 U.S. Government 03 Federal Question PTF DEF PTF DEF. ,.
Plaintiff (U.S. Government Not a Party) Citizen of This State 0 I 0 1 Incorporated or Principal Place 04 0 4
of Business In This State
0 2 U.S. Government 04 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 El 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State