Your MySpaceIM account dies when you do
MySpaceIM is evidence that
Social media (like MySpace) are becoming more Real Time and Real Time Media (like Skype) are becoming more Social.
Skype and MySpace have different ways to make money and very different communities. You can see the contrast between two terms of service: Survivorship and Work Use.
Survivorship.
MySpace says your account dies with you. They mean your login information and all the data you created and used. This includes your buddy list, avatars, history logs, text chat archives, etc.
That's immensely useful information, rich in hard won social capital. People use IM to organize their churches, school projects, political clubs, work teams; their real world and online lives.
These are people who'd want your role in their social fabric to be passed on to someone else. Or a family member who wants to notify all your contacts of your death.
MySpace dictates you cannot leave anything to family, to your employer or business, to your clubs and the groups you use MySpaceIM with Skype for communication. No login rights. No data.
They claim they own access to your data and the right to delete your data. How is that different from owning your data? The policy:
"Your MySpace account is non-transferable and any rights to your MySpace user name or contents within your account terminate upon your death or termination of this Agreement. Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. MySpace may assign this Agreement to any entity at its sole discretion."
How totalitarian.
Worst, in my opinion: MySpace may give your account to anyone, including the most intimate information about your relationships. Even to people or institutions opposing your interests, or your inheritor's interests. MySpace may auction off your love talk. Or give your conversations with a refugee to secret police. Or dialogs with your child's doctor to an insurance company. They reserve that right.
Skype doesn't forbid transfers, whether you're alive or dead.
MySpaceIM not for Work.
Skype encourages work use, even to the point of creating features like Skype Prime and the Skype for Business Control Panel. MySpace, however, prohibits work use of MySpaceIM, carving out few (often flouted) exceptions.
So your communications channel is dictating how and what you say, and to whom. Would you tolerate such terms of service from your phone company?
Below the fold: full text of the MySpaceIM and Skype licenses.
SCROLL DOWN TO REVIEW BOTH THE MYSPACE END USER LICENSE AGREEMENT AND SKYPE END USER LICENSE AGREEMENT REQUIRED FOR INSTALLATION AND USE OF THE MYSPACE INTERNET MESSAGING SERVICE VERSION
TO USE SKYPE, YOU MUST ALSO REVIEW AND ACCEPT THE SKYPE TERMS OF SERVICE, WHICH CAN BE VIEWED HERE: http://www.skype.com/company/legal/terms/tos_voip.html
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END USER LICENSE AGREEMENT FOR THE MYSPACE INTERNET MESSAGING SERVICE VERSION
Thank you for your interest in MySpaceIM. Here is a quick summary of the End User License Agreement for the service:
SUMMARY
* MySpace, Inc. makes the MySpace Internet Messaging service version available to its members free of charge, “as-is,” and without any warranties.
* Your use of the service is subject to the terms of the complete End User License Agreement set forth below. The agreement is a binding contract between MySpace and you. If there is any conflict between this summary and the agreement, the agreement controls.
* You must not use the service in any way that could harm the service, other service users, or MySpace. You must not use the service to send messages or materials that are inappropriate or violate the intellectual property rights of others.
* Either MySpace or you may terminate the license for the use of the service at any time for any reason or no reason at all.
* You agree to indemnify MySpace from any claim or demand made by any third party relating to your use of the service or your violation of the End User License Agreement, applicable laws, or the rights of another person.
COMPLETE AGREEMENT
1. ACCEPTANCE OF TERMS.
MySpace, Inc., a Delaware corporation doing business on the Internet at www.MySpace.com (“MySpace”), provides the MySpace Internet Messaging software (including any updates and upgrades, the “Software”) to its members free of charge, subject to the terms of this End User License Agreement (this “Agreement”). This Agreement includes the terms and conditions set forth herein and incorporates by reference the MySpace Privacy Policy and MySpace Terms of Use Agreement, each of which may be updated by MySpace from time to time without notice to you. You can view the current version of the Privacy Policy and the Terms of Use Agreement at http://collect.myspace.com/misc/terms.html?z=1 and http://collect.myspace.com/misc/privacy.html?z=1.
The Software, along with any authorized services, content, or materials used in connection with MySpace’s instant messaging service, including any updates and upgrades, are collectively referred to as the “Service.” The Software includes any application program interface consisting of the set of routines utilized by the Software to provide the Software functionality for a given platform or operating system (the “MySpace API”). Any downloading or use of the Software or any use of the Service constitutes your agreement to the terms of this Agreement.
By clicking the "I Accept" radio button below and continuing to use the Service, you represent and warrant that you have the legal capacity to enter into this Agreement and that you are permitted to use the Service under applicable law. If you do not agree to the terms and conditions of this Agreement or if you are in a jurisdiction where download or use of this Software or the Service is prohibited, click "No" and do not install the Software or use the Service.
From time to time there may be features or additional services made available on the Service for a fee. If you choose to utilize such features or services, you will be bound by any additional terms governing the use of such features or services.
2. DESCRIPTION OF SERVICE
The Service allows users to see when friends are online, to send and receive instant messages, and to use such other services via the Internet in connection with the MySpace Internet Messaging service as MySpace may provide from time to time.
To uninstall the Software, go to your operating system Control Panel, select “Add/Remove Programs,” and select MySpaceIM. Click the “Change/Remove” button. Select “Automatic” and click “Next.” Then select “Finish” and you are done.
3. LIMITED LICENSE.
Subject to the terms of this Agreement, MySpace grants you a limited, non-exclusive license to use the Software to access the Service. MySpace also grants you permission to create graphical interfaces that change the look but not the functionality of the Service (“skins”) by modifying the skin files, if any, provided by MySpace in connection with the Service. The Service contains proprietary and confidential information that is protected by intellectual property and other laws. As between MySpace and you, MySpace owns all right, title, and interest in and to the Software and the Service. This Agreement grants you no right, title, or interest in any intellectual property owned or licensed by MySpace, including the Service and MySpace trademarks, and creates no relationship between MySpace and you other than that of MySpace to licensee.
You may install and personally use the Service only in object code form on a personal computer owned or controlled by you. You are permitted to access the Service through the Software in accordance with this Agreement if you have obtained from MySpace a valid user name and password. If you do not already have a MySpace user name and password, you will be prompted to complete the MySpace registration process. MySpace may at any time and in its sole discretion suspend or terminate any user account without notice or explanation. MySpace may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice. You may distribute the skins you create only if you do not include any MySpace trademarks nor any MySpace file name in the name of your skin file.
If your license terminates, you must (a) cease any use of the Service, its components, and any third-party data; (b)remove the Software from all hard drives, networks and other storage media; and (c) destroy all copies of the Software in your possession or under your control. All rights in any third-party data, any third-party software, and any third-party data servers are reserved and remain with the respective third parties. These third parties may enforce their rights against you directly.
Subject to the terms of this Agreement, you may use the application program interface consisting of the set of routines utilized by the Software to provide the Software functionality for a given platform or operating system (the “MySpace API”) solely to allow your application to connect with the Software, provided that:
(a) Your use of the MySpace API is for legitimate purposes and in no way and to no extent adversely affects the functionality or performance of the Service; and
(b) You will not remove, overtake, hide, interfere with in any way, or otherwise make the user interface for the Service inaccessible for end users.
4. RESTRICTIONS ON USE
You must not and must not allow any third party to use the Service in any way that could harm the Service, other Service users, MySpace or our affiliates, or use the Service to send or receive messages or materials that are inappropriate or violate the intellectual property rights of MySpace or others. Without limiting the generality of the foregoing, you must not and must not allow any third party to:
(a) Modify, adapt, translate, alter, reverse engineer, copy, decompile, reverse assemble, disassemble, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Software, or any portion thereof, or otherwise attempt to discover any source code or in any way ascertain, decipher, or obtain the communications protocol for accessing the Service;
(b) Remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels in the Software;
(c) Obtain or attempt to obtain unauthorized access to the Service or the MySpace network;
(d) Block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute a part of the Service;
(e) Incorporate, integrate or otherwise include the Software or any portion of it (including the communications protocols) into any other service, software, program or product that communicates, accesses, or otherwise connects with the Service or any other instant messaging, Internet, or online service;
(f) Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, including the Terms of Use Agreement and the Privacy Policy;
(g) Use the Service to operate nuclear facilities, life support, or other mission critical application where human life or property might be at stake. The Service is not designed for such purposes and its failure in such cases could lead to death, personal injury, or property damage for which MySpace is not responsible;
(h) Sell, lease, loan, distribute, transfer, or sublicense the Service or access thereto or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise;
(i) Develop a skin or application for use in connection with the Software that infringes the intellectual property or other rights of MySpace or any third party;
(j) Remove, obscure, make illegible or alter any notices or indications of the intellectual property rights associated with the Service or MySpace’s rights and ownership thereof, whether such notice or indications are affixed on, contained in, or otherwise connected to such materials; or
(k) Use the MySpace API in connection with applications that you (or any third party) distribute or intend to distribute.
5. MODIFICATIONS TO SERVICE
MySpace reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. MySpace will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. MySpace may also impose limits on certain features and services or restrict your access to parts or all of the Service or the MySpace website without notice.
6. TERMINATION
Your license to the Software and access to the Service continues until it is terminated by either MySpace or you. You may terminate this Agreement by discontinuing use of the Software and by destroying all your copies of the Software. MySpace may terminate this Agreement for no reason or any reason, including breach of this Agreement by you, immediately and without notice. MySpace may also terminate your right to use the Software by blocking it or by notifying you of the termination of your license. In the event of any termination of this Agreement or your rights hereunder, all provisions of this Agreement except the license grant in Paragraph 3 will survive the termination and you will continue to be bound by those terms.
7. NO SUPPORT BY MYSPACE
MySpace has no obligation to provide you with customer support or software upgrades, enhancements, or modifications for the Service (collectively, “Support”). If MySpace elects to provide Support, it may subsequently terminate the Support at any time without notice to you. You use the Software and the Service at your own risk.
8. PROPRIETARY RIGHTS
All title, ownership rights, and intellectual property rights in the Software and the MySpace user database and domain namespace, including without limitation MySpace components and algorithms and access to the MySpace service server complex, remain in MySpace and its licensors and other suppliers. It is expressly understood and agreed that no title to, or ownership of, the Software, the MySpace user database and domain namespace or any part thereof, is hereby transferred to you. You must not take any action to jeopardize, limit or interfere in any manner with MySpace's or its licensors’ or other suppliers' ownership of, or rights with respect to, the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. MySpace owns all customer data collected through the Service registration process. All trademarks used in connection with the Service are owned by MySpace, its affiliates or its licensors and other suppliers, and no license to use any such trademarks is provided. MySpace may use without any obligation to you or consent by you, in any manner and without limitation, all comments, suggestions, complaints and other feedback you provide relating to the Software.
9. DISCLAIMER OF WARRANTY.
The Service is provided “AS-IS” and MySpace assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You bear the entire risk as to the satisfactory quality, performance, and accuracy of the Service. The Software is provided without warranties of any kind, express or implied, including warranties that the Software is free of defects, virus free, able to operate on an uninterrupted basis, merchantable, of satisfactory quality, fit for a particular purpose, or non-infringing, except to the extent such warranties are legally incapable of exclusion. MySpace is not responsible for the security or privacy of communications sent via the Service, including in circumstances where the Service is being accessed via wireless devices or other equipment. MySpace and its licensors and other suppliers do not warrant that the functionality of the Software will meet your requirements or that errors in the Software will be corrected, nor do they warrant or make any representations regarding the use or the results of the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by MySpace or a MySpace authorized representative creates a warranty or in any way increases the scope of this warranty. MySpace, its licensors, and other suppliers have no liability with respect to your use of the Software. You assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement, and no use of the Software is authorized hereunder except under this disclaimer.
10. LIMITATION OF LIABILITY/INDEMNIFICATION
To the extent permitted by applicable law, MySpace and its parent, subsidiaries, affiliates, and distributors and their respective agents, directors, employees, partners and licensors (collectively, the “MySpace Group”) are not liable under any circumstances for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this Agreement or the use or inability to use the Service, including lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if it has been advised of the possibility of those losses, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, the MySpace Group’s entire collective liability and your exclusive remedy under this Agreement is the replacement of the Software, with the exception of death or personal injury caused by the negligence of MySpace, to the extent applicable law prohibits the limitation of damages in such cases. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages. In such jurisdictions, the MySpace Group’s liability is limited to the extent permitted by law.
You must indemnify the MySpace Group for any claim or demand, including reasonable attorneys’ fees, made by any third party in connection with or arising out of your use of the Service, your violation of this Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
11. DIGITAL CERTIFICATES
The Software supports certain cryptographic and authentication features that may require the installation and use of a digital certificate. You are solely responsible for familiarizing yourself with the terms and conditions for the use of, or reliance upon, digital certificates that have been established by the certification authority ("CA") issuing the digital certificate, including any obligation to validate a digital certificate, maintain the security of a cryptographic key or password, or pay fees for certification services. MySpace is entitled to preload certain CA digital certificates into the Software in order to facilitate the recognition of end user digital certificates that such CAs may issue to persons, organizations, or devices (including software code). You are solely responsible for any decision to use or rely upon a digital certificate, including those digital certificates that MySpace has preloaded into the Software. MySpace bears no responsibility for the validity or accuracy of any digital certificate, or for the security or integrity of any transaction or communication authenticated by a digital certificate.
12. EXPORT CONTROL
You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, and must not export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from MySpace, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party must obtain and bear all expenses and responsibility relating to any necessary licenses and exemptions with respect to its own export or re-export of the Software from the U.S.
13. INJUNCTIVE RELIEF
Notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement will cause MySpace irreparable damage for which recovery of money damages would be inadequate. Therefore, MySpace may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
14. MYSPACE'S NOTICES TO YOU; CONSENT REGARDING ELECTRONIC NOTICES
We may give you any data regarding the Service in electronic form. We may provide such data to you via e-mail at the e-mail address you specified when you registered for the Service or the MySpace web site, by instant message to your account, by pop-up, or by access to a web site. As long as you access and use the Service, you must have the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must discontinue your use of the Service.
15. GENERAL INFORMATION
Entire Agreement:
This Agreement, which incorporates the Terms of Use Agreement and Privacy Policy referenced above, constitutes the entire agreement between you and MySpace regarding the Service and governs your use of the Service, superseding any prior agreements between you and MySpace with respect to the Service. This Agreement may only be modified by a written amendment authenticated by an authorized executive of MySpace. With respect to your use of the authorized MySpace services, affiliate services, affiliate devices or equipment, third-party content, or third-party software, you also may be subject to additional terms and conditions. In the event of any conflict between the terms and conditions of this Agreement and those in the Terms of Use Agreement, the terms and conditions of this Agreement will control, except to the extent that the Terms of Use Agreement imposes additional restrictions and liabilities on your actions.
Choice of law and forum:
This Agreement is governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions. Jurisdiction and venue for any claim or dispute arising from the use of the Software and the Service resides in the federal and state courts located in Los Angeles County, State of California, and you consent to the personal jurisdiction thereof. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
Waiver and Severability of Terms:
The failure of MySpace to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions remain in full effect, or MySpace may at its option instead terminate this Agreement. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Any waiver of any term or condition of this Agreement or any breach of this Agreement must be in a writing authenticated by an authorized executive of MySpace.
No Right of Survivorship and Non-Transferability:
Your MySpace account is non-transferable and any rights to your MySpace user name or contents within your account terminate upon your death or termination of this Agreement. Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. MySpace may assign this Agreement to any entity at its sole discretion.
Statute of Limitations:
Any claim related to this Agreement, the Software, or the Service must be brought within one (1) year. The one-year period begins on the date when the claim first could be filed. If it is not, then it is permanently barred. In the event of any action, suit, or proceeding arising from or based upon this Agreement brought by either party hereto against the other, the prevailing party is entitled to recover from the other its reasonable attorneys' fees in addition to the costs of such action, suit, or proceeding.
Interpretation:
The headings of the paragraphs in this Agreement are for convenience of reference only and do not affect the meaning or interpretation of the Agreement. The word “including” or other variations thereof in this Agreement means “including, without limitation.”
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SKYPE END USER LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY
Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below:
No Emergency Calls:
by entering into this Agreement You acknowledge and agree that the Skype Software does not and does not intend to support or carry emergency calls. Please also see article 7 below.
Entering into this Agreement:
This End User License Agreement constitutes a valid and binding agreement between Skype Software S.a.r.l and You, as a user, for the use of the Skype Software. You must enter into this Agreement by clicking on the ACCEPT button in order to install and use the Skype Software. You hereby agree and acknowledge that this Agreement covers all Your use of Skype Software, whether it be from this installation or from any other terminals where Skype Software has been installed, by You or by third parties. Furthermore, by installing and continuing to use the Skype Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s):
You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by Skype to show Your approval of any foregoing texts and/or to download and install the Skype Software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Skype Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction’s Restrictions:
if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the Skype Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, You may not enter into this Agreement and You may not download, install or use the Skype Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Skype Software is allowed.
Article 1 Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Skype. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 Emergency Services: means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
1.4 Documentation: any online or otherwise enclosed documentation provided by Skype.
1.5 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above.
1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Skype Software, the Documentation, the Skype Website or the Skype Promotional Materials.
1.7 Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account;
1.8 Skype: refers to the company established under the laws of Luxembourg, Skype Software S.a.r.l, with its address at 15 rue Notre Dame, L-2240 Luxembourg, Luxembourg, reg.no (B100467), VAT no. (LU20180239).
1.9 Skype API: application program interface consisting of the set of routines utilized by the Skype Software to provide the Skype Software functionality for a given platform or operating system, Skype API being included in or linked to the Skype Software.
1.10 Skype Online Material: the Skype banner available for download on the Skype Website, consisting of a Skype logo and a link to the Skype Website.
1.11 Skype Promotional Materials: any and all trademarks, names, signs, logos, banners, Skype Online Material and any other materials, in whatever form, owned and/or used by Skype for the promotion of its company, its products and activities.
1.12 Skype Software: the software distributed by Skype for internet communication applications, including without limitation the Skype API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
1.13 Skype Staff: the officers, directors, employees and agents of Skype or its Affiliates, or any other persons hired by Skype or its Affiliates.
1.14 Skype Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL www.skype.com, - among other URL’s -


Comments
hey how do you use myspace IM without downoading
Posted by: Nathan | April 28, 2008 12:35 PM