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Roger Clarke's 'Second-Party Exposure - MS Live

Internet Users' Second-Party Exposure
Detailed Analysis - 7: Microsoft Live

Version of 24 December 2010

Roger Clarke **

© Xamax Consultancy Pty Ltd, 2010

Available under an AEShareNet Free
for Education licence or a Creative Commons 'Some
Rights Reserved' licence.

This document is at http://www.rogerclarke.com/EC/IU-SPE-A7-MSLive.html


Detailed Analysis

The Terms apply to Windows Live services (including Hotmail), Bing, MSN, Microsoft Office Live, or Office.com services or software, or other Microsoft services or software that directly display or link to this agreement.

The Terms grant Microsoft a licence to use "content posted on the service", but the constraint is "solely to the extent necessary to provide the service".

Microsoft asserts the right to change the Terms unilaterally. However, the Terms unequivocally state that Microsoft will inform the user of the change, will do so before it takes effect, and will provide the user the opportunity to cancel the service or accept the change at least 30 days before the change takes effect.

Changes to Terms may apply to all content, including content submitted under earlier Terms; and hence the assurances that exist can be withdrawn with 30 days' notice.

Users are at risk of Microsoft taking advantage of users' content under the following circumstances:


Extracts from the Terms of Service

Terms at http://explore.live.com/microsoft-service-agreement?ref=none, Updated August 1, 2010, Effective August 31, 2010

Mirrored at http://www.rogerclarke.com/EC/IU-SPE-T-MSLive.html

Terms of 9 December 2010, mirror downloaded 14 January 2011

Applies to Windows Live, Bing, MSN, Microsoft Office Live, or Office.com services or software, or other Microsoft services or software that directly display or link to this agreement (the "service")

5. Your content

Except for material that we license to you, we don't claim ownership of the content you provide on the service. Your content remains your content.

You control who may access your content. ...

You understand that Microsoft may need, and you hereby grant Microsoft the right, to use, modify, adapt, reproduce, distribute, and display content posted on the service solely to the extent necessary to provide the service.

8. How we may change the contract

Microsoft reserves the right to amend the contract. We will inform you if we change the contract. We may change the terms of this contract if: (i) it is necessary due to applicable law, including, but not limited to, a change of such law; (ii) it is necessary due to an advice and/or order based on applicable law; (iii) our changes do not materially alter the balance between your payment for the service and our service obligations to you; (iv) it is necessary for technical reasons; (v) it is necessary to facilitate the operation of the service; or (vi) the terms will be changed to your advantage. We will inform you of the change before it takes effect and will provide you the opportunity to cancel the service or accept the change at least 30 days before the change takes effect.

12.4. Notices

We may provide required information to you by email at the address you specified when you signed up for the service or by access to a Microsoft website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service.


Author Affiliations

Roger Clarke is Principal of Xamax Consultancy Pty Ltd, Canberra. He is also a Visiting Professor in the Cyberspace Law & Policy Centre at the University of N.S.W., and a Visiting Professor in the Department of Computer Science at the Australian National University.



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The content and infrastructure for these community service pages are provided by Roger Clarke through his consultancy company, Xamax.

From the site's beginnings in August 1994 until February 2009, the infrastructure was provided by the Australian National University. During that time, the site accumulated close to 30 million hits. It passed 50 million in early 2015.

Sponsored by Bunhybee Grasslands, the extended Clarke Family, Knights of the Spatchcock and their drummer
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Tel: +61 2 6288 6916

Created: 9 December 2010 - Last Amended: 24 December 2010 by Roger Clarke - Site Last Verified: 15 February 2009
This document is at www.rogerclarke.com/EC/IU-SPE-A7-MSLive.html
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