Stop! Don’t click “I Agree” before you read the Terms of Service

Are you a blogger? Are you an online marketer? Are you considering having a stronger online presence? Do you want to have a social network account? Are you joining a community of practice online? Then make sure you read the fine print (especially of a website/organization’s Terms of Service (ToS) and Copyright/Intellectual Property information) – ALL OF IT ! Why? Because it can bite you without your knowledge later on. [I can still remember my Contract Law professor fluttering his arms and saying that Ignorance of the Law is Not an Excuse!] When you click that I AGREE button you are expected to have known what you’ve agreed to.

From the initial discussion on a Facebook thread with Liz Strauss, I decided to investigate other network ToS’. First stop, Facebook (text in bold are for your reference).

facebook.jpgWhen you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

friendster.jpgSince the Facebook guys indicated that they got this idea from Friendster, I looked at their ToS’, and it goes like this ~
Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, “Posting”) any text, links, photos, video, messages, or other data or information (collectively, “Content”) on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to Friendster an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

Similar looking eh?
flickr.jpgLet’s go further… how about a photo social network like Flickr and it went to Yahoo’s Copyright info and I quote ~
Yahoo! respects the intellectual property of others, and we ask our users to do the same. Yahoo! has no responsibility for content on other web sites that you may find or access when using Yahoo!’s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the Yahoo! Terms of Service, govern your use of that material.

hmmm…. do you see the difference between the first two and the one above?

Some companies have been very good at ensuring that one reads (or at least skims to the end) of a contract by forcing you to scroll all the way down before the I AGREE button lights up. Other organizations are not as forceful in their requirement.

twitter1.jpgLet’s look at something that is easy to understand and pretty straightforward – Twitter ~
Copyright (What’s Yours is Yours)
We claim no intellectual property rights over the material you provide to the Twitter service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.

Don’t get me wrong, I enjoy all these services and use them frequently throughout each day. I pointed this out because of the perpetuity clause that concerns me especially when my intellectual property is not remunerated like on a social network and one just posts a blog entry link from a personal blog. If the link automatically pulls data from the blog, does that entry now becomes part of the social network’s auto-ownership clause. If the link remains just a link to a social network’s system, does it extend to the contents of that link? I’ve not seen those legal questions placed in question in high profile cases to date but it could be.

I value my original thought. I value what I produce. When someone has perpetual rights (whether exclusive or not) to my thoughts, I am commoditized.

As an individual, these are my concerns. As an organization, you may need to make sure your policies are in place to include such potential perpetuity clauses affecting your people’s communication. My questions would be: Should you have a similar clause? Which clause takes precedence if both companies have perpetuity clauses? This brings identity theft into a new layer of complexity because someone’s blog notes under a stolen name can perpetuate forever as well, how do you eradicate all the antecedent contents when sometimes you can’t even find out about them until years later? Gives a totally different meaning to rogue comments having dire consequences.

This is my opening salvo for discussion, I’d be interested in your thoughts on this matter so post them here.

myspace.jpgUpdate: A colleague requested that I post MySpace ToS here as well so here’s the relevant portion ~
Proprietary Rights in Content on does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the MySpace Services. After posting your Content to the MySpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the MySpace Services, you hereby grant to a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MySpace Services.

The JN0-303: Juniper Networks Certified Internet Specialist exam preparation kits are very easily downloadable or can be ordered online as well. The exam of 70-282 was made available in 2003. The exam 9L0-612 Security Best Practices for Mac OS X v10.4 guide can be purchased in PDF format as well, within a few minutes you can have access on online study kit. Those who are preparing in telecommunication the exam 920-803 is an essential part of their studies. The exam code of 350-029 represent CCIE Service Provider Written exam. The exam code 1z0-141 Oracle9i Forms Developer is one of the exam that one need to pass in order to become oracle certified professional.

532 comments to Stop! Don’t click “I Agree” before you read the Terms of Service

  • I had this done two and? a half weeks ago, there is no way I could be awake though , knock me out!!! I can see the bubble, its real odd, but hoping it has worked…….my Consultamt, is awsome,

  • If you want to KNOW EXACTLY without a doubt, HOW to go to HEAVEN when you die, please click? on my name and view a powerful movie-trailer like video called “Mankind’s Greatest Question…ANSWERED.”

  • KId your? amazing i have try everything different passwords and shit cause the name and password of my computer changed thanxs to you i can now play my beloved xboxlive thank bro (((((((:::::::::::::::::::

  • Thanks for your marvelous posting! I seriously enjoyed reading it, you can be a great author. I will always bookmark your blog and definitely will come back later on. I want to encourage you to ultimately continue your great posts, have a nice weekend!

  • tuxedo hire sutton in ashfield

    Wonderful site. A lot of helpful information here. I’m sending it to several pals ans also sharing in delicious. And of course, thank you to your effort!

  • hey there and thank you for your info – I’ve definitely picked up anything new from right here. I did however expertise several technical issues using this web site, since I experienced to reload the site many times previous to I could get it to load correctly. I had been wondering if your web host is OK? Not that I am complaining, but slow loading instances times will sometimes affect your placement in google and could damage your quality score if advertising and marketing with Adwords. Well I am adding this RSS to my e-mail and can look out for a lot more of your respective fascinating content. Make sure you update this again soon..

  • Following study a couple of from the weblog posts on your web site now, and I actually like your way of blogging. I bookmarked it to my bookmark site list and will probably be checking back soon. Pls check out my web site as well and let me know what you feel.

  • notebook reviews

    Heya i am for the first time here. I came across this board and I find It really useful & it helped me out a lot. I hope to give something back and aid others like you helped me.

  • My brother recommended I might like this web site. He was entirely right. This post truly made my day. You cann’t imagine simply how much time I had spent for this info! Thanks!

  • Great remarkable issues here. I am very happy to see your article. Thanks a lot and i am taking a look ahead to contact you. Will you please drop me a e-mail?

  • 1. State the website’s objective up front and obviously of the site. Do this as rapidly as feasible. The customer requirements to know immediately if they have landed on the correct site. They also need to know “whats in it for me to stay here.” If you [url=] トリーバーチ ブーツ [/url] don’t offer this, they are gone. ninety% of the sites on the Internet don’t do this. 2. Give visitors the ability to research for precisely what they are looking for, if they have some thing precise in mind. A “site research function” satisfies this very best. Allow the search feature to be prominently shown and not concealed away someplace. It is very best place in the navigational system so that it shows up on each and every page. Sales letter only websites are an exception to this rule. [url= html] tory burch riding boots [/url] Return guests and guests that have some thing particularly in thoughts, [url=] トリーバーチ 財布 [/url] want the option and ability to discover what they want quick. So give it to them. 3. Photos allow relationship. Especially to [url=] モンクレール アウトレット [/url] individuals who procedure visually. Clip art will get them to pay [url=] ミュウミュウ 長財布 [/url] attention, however, it does not produce much of a relationship. Individual pictures connect within reason. Maintain them much less than 3 to a page. 1 photograph usually requirements to be in the top part of the display on the first page. It does not require to be large, but appealing. four. Ways to seize guests info wherever possible. five. Location products [url=] ティンバーランド 防水 [/url] on the website that keep them lingering. Audio and video clip are 1 of these, however there are other less time consuming and affordable methods to maintain them entertained. 6. Articles. For solopreneur websites, your personal created articles. For other websites, articles with numerous authors yet on focus. 7. Interactive components. For instance: response forms, quizzes 8. If you use a buying cart, it should be fluid, no hiccups. PayPal is not a buying cart, its a hiccup. All auto responders must be well written and good. If someone purchased some thing, they need the power of “thank you.” 9. Give offers that are of worth. 10. Distinct route of where a newcomer can begin if it is their first go to. [url=] トリーバーチ 靴 [/url] eleven. Publication that is constant with the eighty/20 principle. eighty% value and twenty% advertising. 12. E-courses of worth. thirteen. Well-written e-publications: fifty-75 pages, plus beneficial information (info not discovered anywhere else). Length doesn’t do much more than provide perceptive worth. As soon as bought and the vastness is only fluff, then your credibility is shot. Complimentary e-publications satisfy the exact same requirements. 14. Give them other ways to receive much more on…you [url=] マークバイマークジェイコブス時計 [/url] if you are the focus…or the information if that is the concentrate. fifteen. Automatic referral method. If you want referrals for your products or solutions, make it easy for you to get them. Established it up so its as automatic as feasible, and distinct and simple for somebody to [url=] miumiu バッグ [/url] deliver you a referral. Be clear on what and how you want to give for that referral.

  • Its similar to you interpret my mind! You seem to identify a lot about this, similar to you wrote the book in it otherwise something. I think that you could do with some pics to drive the message home a little tad, but other than that, this is fantastic blog. A enormous interpret. I will without doubt ensue back.

  • Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.

  • Hi, I check your new stuff on a regular basis. Your story-telling style is awesome, keep up the good work!

  • An attention-grabbing dialogue is value comment joturoer. I believe that you should write extra on this matter, it may not be a taboo topic but usually people are not enough to talk on such topics. To the next. Cheers

  • I suspect this subject matter is more crucial than I believed. There appears to be really little details on this subject, yet everybody is discussing it. I will certainly have to examine this more until I learn enough regarding the subject.

  • 401k Strategy Loans – An Overview

  • *I just couldn’t depart your site prior to suggesting that I extremely enjoyed the standard information an individual provide for your visitors? Is gonna be back frequently in order to inspect new posts

  • There are some fascinating points in time in this article but I don’t know if I see all of them heart to heart. There may be some validity but I’ll take hold opinion until I look into it further. Good article , thanks and we want extra! Added to FeedBurner as properly

  • Great awesome issues here. Iˇm very happy to peer your post. Thank you so much and i am looking forward to touch you. Will you please drop me a e-mail?

  • Applying For A Credit score Card? Use On-line

  • Aho! I shouldn’t be telling you this: One of the biggest problems that most E-book writers and sellers face is producing E-book revenue. It seems like the Web is full of ‘ideas’ – however, these ‘ideas’ do not appear to be creating results. Three factors arrive to thoughts: Reason # one: eBooks are not marketed effectively. Cause # 2: Ebook sales pages either do not exist, or they do not seize the buyers interest. Reason # three: The Ebook is not written and/or organized nicely. So many of us hear about [url=] トリーバーチ [/url] the large increase in Ebook sales. Most of us have read posts and/or eBooks teaching us that we should have our own product out there to be effective. Well all of that is true. However, exactly where the ‘ideas’ fall short of creating results is in all 3 factors outlined above. That is the cause I am creating this seven component article series for you. In it you will learn how to right all 3 factors over and much more! Appear at what you’ll be studying: Magic formula #two: Creating your advertising timeline for lengthy term success! Secret #3: How to produce an avalanche of sales with freeware/shareware websites! Secret #4: Making passionate posts will explode your revenue! Secret #5: How to build steady sales for many years to arrive with E-book Directories! Secret #six: Making momentum [url=] ミュウミュウ 財布 [/url] and identification [url=] miumiu ポーチ [/url] through Book Sellers! Magic formula #seven: How to create a mountain of sales using multiple Royalty Publishers! Okay, now there is no time like the present. So allows begin: Why is it important to you are marketing success to create an incredible Ebook? Gone are the days of using marketing info and regurgitating it in a different method. Then publishing it as an Ebook and moving on. These days individuals on the web want information. However they are searching for NEW information. New ways of performing items. Not [url=] マークバイマークジェイコブス店舗 [/url] the same old, same old, wrapped in a new go over. So, with this in mind how do you create an incredible Ebook you might be wondering? Let me first guarantee you it is not as challenging as you may initial suspect. Initial, allows set into location the fundamental foundation steps for your Ebook. Answer the questions in the following actions. Stage 1: What is the primary focus of your E-book. In other phrases, [url=] ugg ムートンブーツ [/url] what do you want the reader to consider away following studying your Ebook? Stage 2: What kind of research do you need to do? Stage three: [url=] ミュウミュウ 長財布 [/url] What is the order you have to divide your info into? Now, as you answer the above questions openly and honestly you will construct the foundation of your E-book upon which you can construct a successful advertising formula. Great! Now it is time for you to begin the fundamental strategy for your Ebook. Step 4: Write a mission assertion of why you are creating this Ebook. Stage five: Write out what makes your Ebook various from all the rest. For instance do you have exclusive information, an authentic style, and/or an unique provide? Great! Now you are on a roll. Let us start the last stage of preparing your Ebook. Stage six: [url=] モンクレール激安 [/url] Using all the information over and your study, write out a table of contents. Stage seven: Now rewrite the table of contents into sizzling selling sentences. For example: instead of Chapter 1: How to increase your Ebook sales. Use: seven Secrets and techniques to explode your E-book sales! Step eight: Write your Ebook introduction. Stage nine: Create the [url=] mbt 靴 激安 [/url] forward to your Ebook. Stage 10: Write out the closing statement to your Ebook. Stage 11: Produce a plan of action to finish creating your E-book. Take at minimum 1 plan of action step a working day! Step 12: Reread your E-book and right grammar, punctuation and typographical mistakes. Attempt to have at least one other person read and right your E-book as well. Wonderful! You have now completed your initial Ebook. Next month we carry on with this seven part series with: Secret #2: Creating your marketing timeline for long term achievement! Have a excellent week! Bluedolphin Crow Copyright 2004 Bluedolphin Crow – All Rights Reserved

  • Los Angeles Comics Graphic Novels

  • Pour some zest into your life with grenache


  • The further sunlight hours, period I was by work, my cousin stole my iphone and tested to see qualification it can live on a 30 end dive, emphatically accordingly she can be a youtube sensation. My iPad is instantly smashed and she has 83 views. I make out this is utterly rancid topic except I had to share it with someone!

  • +++BETRÃœGER+++ ist eine Bande von Betrügern! Man überweist Geld und bekommt niemals Ware geliefert! Bitte sucht im Internet nach weiteren Berichten über ihre Abzockmasche! Das überwiesene Geld ist für immer futsch! Fallt bitte nicht auf die Betrüger von herein! +++ BETRÃœGER +++

  • American Express Air Miles Credit score Card Provides Be concerned-free Journey

  • Howdy clairvoyant issues.. these days just why just didn’t I of these kinds of?

  • You’ve got some in fact of use in a row written at this point. Fantastic job and keep reorganization sunny stuff.

  • Utterly indited subject material , thanks for selective information .