Actually, john, until the terms of service or conditions of use of a website are known, it is impossible to say what rights in a copyrighted work, if any, have been given to the website. But, as far as following and understanding what has been posted in this thread so far, you are doing a far better job of it than I.
So, on to electronic signatures, huh?
Under the copyright law, the granting by a copyright owner to another of
nonexclusive rights in the copyrighted work (which, again, is not a
transfer of rights) does not require the signature of the copyright holder. Permission from the copyright owner to use the copyrighted work does not even have to be in writing (although most of these limited licenses to use copyrighted works
will be in writing and signed, for the protection of all parties).
The copyright law DOES require that any
transfer of rights in a copyrighted work be in writing and signed by the copyright holder. This requirement covers transfers of all rights to a work (where there is a total change in ownership) or for transfers of any of one or more of the
exclusive rights in the work (where the original copyright owner retains ownership in the work itself).
And, in order to
record a transfer of these rights (all rights or exclusive rights), the actual HANDWRITTEN signature of the copyright owner on a written transfer document is required (or a photocopy of the original hand-signed document that has been
officially certified).
See
http://www.copyright.gov/compendium/1600.htm and
http://www.copyright.gov/circs/circ12.pdf for more details on the recording of a transfer.
Transfers do not
have to be recorded to be valid. But, if a dispute arises between the copyright owner and the person to whom rights have been transferred, over what rights
were transferred by the copyright owner, having the transfer recorded will provide evidence of exactly what rights were transferred and their scope. For this reason, most transfers ARE recorded with the Copyright Office.
As to whether the Electronic Signature Act
allows for the transferring of ownership of a copyright or not, there are some documents that must have handwritten signatures to be valid (ie, wills), but copyright transfers are not among the ones specifically listed. If a copyright owner and the person to whom the copyrights are being transferred agree to transferring rights with an electronic signature, therefore, it could (potentially) be valid and enforceable.
If this electronically signed transfer is later challenged in court by the original copyright owner, and the transfer has not been recorded in the Copyright Office (with the required
handwritten signature of the copyright owner), the answer as to whether the transfer, the transfer agreement, and the agreement made with an electronic signature is valid and enforceable could be for a court to decide.
How a court will decide the matter will depend, as does everything in law, on the specific facts.
xPreatorianx, I have not yet looked at the TOS that prompted you to post but will try to later so I can better understand your concerns. You will still want a review by, and the opinion of, an attorney in your area, however, on the validity and enforceability of the website's TOS.