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Have you actually READ the Gmail EULA?

June 15, 2010 by Wayne Small 24 Comments

image I’m so surprised at the number of people flocking to Google for their cloud based email services.  Has anyone actually READ the Google/Gmail license agreement?  I’ll bet not.  If they had then they would be concerned about a few sections.  Now – I’m no lawyer or legal person, but these sections scare me enough to NOT use Gmail for anything business related at all.  You can get the Gmail Terms of Service here http://www.google.com/accounts/TOS?hl=en

 

What do you think of the following

Section 4.3 – They can basically stop service permanently or temporarily without warning or notice.  Great – it’s free but hey why do I care… it’s not like I’d bet my business on it would I ???

image

Section 5.2 – You are agreeing that nothing you do with their services will violate US laws or export restrictions.  Do you even know what those are ?

image

Section 8.1 – Google can filter or modify or remove any content from the service if they decide to.  They can filter or remove sexually explicit content too – that might not be a problem unless you are in the medical profession where sexually explicit content is part of the job.

image

Section 11.1 – now this is the big one.  Here you are allowing Google free use of anything you give them.  They can sell it, distribute it, reproduce it, modify it, publish it… basically anything they want to do, they can… because you’ve just agreed to it.

image

 

So I ask you… are you seriously going to use Google for your business email requirements now?

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Filed Under: Blog Tagged With: Business Focus, Gmail, Google

About The Author

Wayne has been working with Microsoft Server products in the SMB market for over 20 years. He has a passion for technology and been a Microsoft MVP for over 15 years. Read More…

Comments

  1. Patrick Steil (ChurchBuzz) says

    May 20, 2011 at 5:54 am

    Yes, but if you look at this page:

    http://mail.google.com/mail/help/legal_notices.html

    They say:

    Google does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Gmail account. We will not use any of your content for any purpose except to provide you with the Service.

    This seems to more explicitly state that they are not going to do anything with your email other than provide email services to you…

    Reply
  2. Luis Gomez says

    November 21, 2012 at 1:21 am

    Google changed the “Legal notices” page to this:

    “Gmail Legal Notices

    Your Intellectual Property Rights

    The provision of the Microsoft Exchange ActiveSync functionality to you does not grant, and you do not receive, any rights under any Microsoft intellectual property with respect to any device or software that you use to access such Microsoft Exchange ActiveSync functionality.”

    So they *can* legally have a perpetual license on user’s content.

    Reply
  3. Luis Gomez says

    December 19, 2012 at 8:39 pm

    Google reverted the Legal notices to the previous version:

    ” Your Intellectual Property Rights

    Google does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Gmail account. We will not use any of your content for any purpose except to provide you with the Service.

    The provision of the Microsoft Exchange ActiveSync functionality to you does not grant, and you do not receive, any rights under any Microsoft intellectual property with respect to any device or software that you use to access such Microsoft Exchange ActiveSync functionality. ”

    I’m just puzzled from all these changes…

    Reply
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