Multiply (Clarification)

Journal dexterpexter's Journal: Multiply (Clarification) 10

Journal by dexterpexter on Wednesday February 21, 2007 @12:14AM

Some of you asked what bothered me about the Terms of Service, and others got the impression that it was only the 'intellectual property' concerns that turned me off. While yes, that was a contributor to my decision not to join the mass migration, that wasn't the only concern. I have decided to outline my concerns here:

1) Ownership of Uploaded Media There is, of course, the Giving-Away-Your-'Intellectual Property' line in the agreement that has been mentioned several times. Not a big problem for most, but consider that your pictures and art and music are fully licensed to Multiply for use if and when you upload stuff, for whatever reason. Derivative works are covered, too. A lot of sites have these terms nowadays, but its still something to be aware of before you upload anything you might wish to control later.
2) Lifelong Agreement? If you notice, there is a clause that says that while you can cancel your membership or Multiply can terminate your membership, the agreement remains in effect even after you've terminated the relationship. Is that even enforceable? This is one of the oddest caveats I've seen in a user agreement; it may mean something else entirely, but it seems to imply that you're signing a lifelong agreement. Typically termination of a contract ends the contract. You might also notice that Multiply, like standard services, can change the TOS at anytime and as long as it is reasonably displayed, and you're bound by those terms just by virtue of your continuing using the service (and be honest, how many of you read the TOS frequently enough, or even when the change is clearly announced?) Should they change the terms to something contemptible (but legal), and you continue using the service then quit the service once you become witting of the new terms (which have already been in place up to that point), this suggests that you will still be bound by those terms, whatever they may be.
Also notice the line that states that not only do you accept the agreement by becoming a member, but you also accept the agreement just by using the site. Use is not defined. Is simply visiting the initial webpage deemed "use"? Again, though, this is not an unusual Term to see in an agreement, but it is certainly less tidily written than most.
3) Requirement to Post Real Information I know that this is quibbling, really. As a part of the registration process, you are prompted for your First Name, Last Name, email address, Date of Birth, Gender, Country, and Zipcode. The terms of service state that you must provide current, complete, and accurate information, and maintain this information. Although I can appreciate this requirement, especially when framed by the litigious nature of corporations these days, and the idea of anonymity on the Internet is laughable anyway, I appreciate sites which recognize that you might prefer to write under a pen name or (faintly) protect your meatspace information from sale to third parties. I know that most people simply lie in these fields anyway (I am sure that you, too, have no less than twenty birthdays or zipcodes), but the requirement is in the Terms no less.
Also, it explicitly forbids the creation of profiles representing people, places, or things (nouns!) that are not you, an "individual person" and seems to suggest that again, secondary accounts, bands, etc. are right out. Again, not unreasonable to restrict the way that accounts are used, but some of the fun of these sorts of sites includes befriending off the wall accounts, organizations, clubs, or even inanimate objects. It is also restrictive of authors or artists who choose to use alternative identities (pen names), and wish true to the contract.
4) Auto-charging for new Subscription? Not that I usually subscribe to sites, but for those of you who do, you would do well to notice that a subscription is not limited to just the subscription period, but is auto-renewed at what appears to be the new/current rate at the end of the period, and that while they will try to process your cancellation within 72 hours, it appears that even if you provide notice before the renewal date, if charges are applied before Mutiply can "reasonably act," it is non-refundable. I am not sure why cancellation wouldn't be automatic or taken care of within 24 hours with a good computer system, but these warnings are in there nonetheless.
5) Unauthorized Linking Issues? There is a reference to unauthorized linking to the site (which "will be investigated," by the way), and although it is seated in the section about commercial use, it doesn't explicitly limit this to commercial entities. Furthermore, it is said in near the same breath as civil and criminal legal action. This section of the TOS needs to be tidied up.
6) Requires Javascript to Use Upon loading Multiply.com, I am warned that javascript is required for using the site. Although this does not preclude me from using the site, I am slightly annoyed that one can't enjoy the internet using simply HTML these days. Call me old fashioned, but I enjoy the freedom that blocking javascript affords.

Although the User Agreement is awkwardly written, I have to admit that most of its terms are standard for sites today. I have agreed to much more restrictive TOS. However, they are worth noting. Considering that right now I don't see a need to join the migration, my issues with the site (however small or quibbling they may be) simply added to my reasons for not leaving.
Again, I am glad for anyone who stays, and I am sure that I will keep up with some of the folks who go. I have been on the outer reaches of the 'Circle' anyway, so its not like I am forging some major protest about it, but I figure that it can't hurt to present my slight misgivings about the TOS. :)

This discussion has been archived. No new comments can be posted.