GOOGLE

Many of the multiple Google EULAs, which they call "policies" (Gmail, Google Earth, etc.) share common components. Here are some highlights.

Date:5-21-07

Subject: Google Privacy Policy

URL: http://www.google.com/privacy.html

Quote: ... you agree to the terms of the Google Privacy Policy at http://www.google.com/privacy.html, which may be updated from time to time and without notice.

Analysis: How can I agree to something if I don't know what it is? Are there any other contracts where one party can change the terms without notifying the other party? How can this be right?

This clause is essentially the same as the Gmail policy. Applies to all Google websites and services.
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Date: 5-21-07

Subject: Google Gmail Privacy Policy

URL: http://www.google.com/mail/help/privacy.html

Quote: When you use Gmail, Google's servers automatically record certain information about your use of Gmail. Similar to other web services, Google records information such as account activity (including storage usage, number of log-ins), data displayed or clicked on (including UI elements, ads, links); and other log information (including browser type, IP-address, date and time of access, cookie ID, and referrer URL).

Analysis: One word: why?
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Date: 5-21-07

Subject: Gmail "other log information" mentioned above

URL: http://www.google.com/privacy_faq.html#serverlogs

Quote: 4.… our servers automatically record the page requests made when users visit our sites. These "server logs" typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

5.When you click on a link displayed on Google, the fact that you clicked on the link may be sent to Google. In this way, Google is able to record information about how you use our site and services.

6. "Sensitive personal information" includes information we know to be related to confidential medical information, racial or ethnic origins, political or religious beliefs or sexuality and tied to personal information.

8. Some of our services, including Google Toolbar and Google Web Accelerator, send the uniform resource locators ("URLs") of web pages that you request to Google. When you use these services, Google will receive and store the URL sent by the web sites you visit, including any personal information inserted into those URLs by the web site operator.

For example, when you submit information to a web page (such as a user login ID or registration information), the operator of that web site may "embed" that information - including personal information - into its URL (typically, after a question mark ("?") in the URL). When the URL is transmitted to Google, our servers automatically store the URL, including any personal information that has been embedded after the question mark.

9. … the primary protections you have against intrusions by the government are the laws that apply to where you live.

Analysis: Google will do everything in its power to track, record and retain a log of everything that you do on the Internet. These records will be kept forever.

Why does clause 6 even exist? It’s the only place in the EULA that even uses the word “sensitive,” and there's no explanation as to what happens to "sensitive personal information."

Clause 9 is a "CYA" clause. Google has an awful record regarding the release of information to oppressive governments, as well as censoring information within their countries. Cooperation by Google (as well as Microsoft and Yahoo) with the Communist Chinese government has resulted in political dissidents being thrown into prison. See
http://www.nytimes.com/2006/04/13/business/worldbusiness/13google.html?
ex=1302580800&en=a644b19ecc450559&ei=5088&partner=rssnyt&emc=rss
It just goes to show you how far people will go to make a buck.
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Date: 5-21-07

Subject: Gmail Privacy Policy

URL: http://www.google.com/mail/help/privacy.html

Quote: Residual copies of deleted messages and accounts may take up to 60 days to be deleted from our active servers and may remain in our offline backup systems.

Analysis: Google will keep your email forever.
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Date: 5-21-07

Subject: Google Earth

URL:http://earth.google.com/support/bin/topic.py?topic=1131&ctx=homepage

Quote: [At the Google Earth Help Center] Q: Why do you need my email address? A: Please be assured that we do not share our customers' information. It is used solely for Google Earth-related correspondence.

Analysis: Did they answer the question?
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Date: 5-21-07

Subject: Google Earth (Pro, Plus and Free)

URL:http://earth.google.com/support/bin/topic.py?topic=1131&ctx=homepage

Quote:
2.Information collected by Google in connection with your use of the Software may be stored and processed in the United States or any other country in which Google or its agents maintain facilities. Accordingly, by using the Software you consent to any transfer of such information outside of your country.

You acknowledge and agree that Google may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms and Conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Google, its users, and the public. Google will not be responsible or liable for the exercise or non-exercise of rights under these Terms and Conditions.

7. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software.
… you will not:
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual

11e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

12. GOOGLE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)

Analysis:

Pargraph 2: your information is going all over the world. We will give your information to any government that asks.

Paragraph 7: who decides what is "inappropriate, defamatory, infringing, obscene, or unlawful Content?" Inappropriate?? Is this a joke (I wish)?

It is forbidden to "promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual?" I suppose that those who support defense of self or country, or the death penalty had better watch out!

Paragraph 11e: don't believe anything else that we say.

Paragraph 12: What a crappy deal! What if car manufacturers put this sort of clause in their contracts? What if Ford sold cars that required you to sign a contract with this sort of a disclaimer, one that said, "Your car may suddenly burst into flames (spontaenously combust) and you may die. Even if we know ahead of time that we are selling you a car that might spontaenously combust and that you might be killed as a result of the spontaenous combustion, if your car spontaenously combusts and you are killed as a result of the spontaenous combustion, well, that's just too bad for you."

Actually, this sort of insane, completely irresponsible clause is part of MANY EULAs.

Paragraph 16b: I don't get it. Can I make a contract under the laws of California and exempt myself from its conflict of law provisions?

Yeah, it's cheesy to include Google ads on this website, but, hey, we figure that as much as we rag on Google, they should pay us for the privilege. Hmmm, there's some interesting logic for you!

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