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Roger Clarke's 'Second-Party Exposure - Internode

Internet Users' Second-Party Exposure
Detailed Analysis - 5: Internode

Version of 24 December 2010

Roger Clarke **

Available under an AEShareNet licence or a Creative Commons licence.

This document is at http://www.rogerclarke.com/EC/IU-SPE-A5-Internode.html

Detailed Analysis

Nothing was apparent in the Terms that would provide Internode with any rights in relation to information lodged with it for transmission or web-hosting.

The Terms can be unilaterally amended. However, "we will not make a variation that could reasonably be expected to adversely affect you without including a notice on, or with, your next invoice or statement, or sending a separate notice to you at least 3 business days before it takes effect". Only the current version of the Terms is visible. It is version-numbered but undated.

Changes to Terms apply to all content, including content submitted under earlier Terms; and hence the assurances that exist can be withdrawn at any time - but with (short) advance notice.

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

Internode exercises its right to unilaterally change the Terms, in order to create a new right to use users' content; and
users overlook the notice provided; and
Internode exercises its new right in a manner that is harmful to the user

Extracts from the Terms of Service

Terms at http://www.internode.on.net/about/sfoa/ and http://www.internode.on.net/pdf/legal/internode-sfoa.pdf, v.1.12, undated, but later than 2003

Mirrored at http://www.rogerclarke.com/EC/IU-SPE-T-Internode-1.html and http://www.rogerclarke.com/EC/IU-SPE-T-Internode-2.pdf

Terms of 8 December 2010, mirror downloaded 14 January 2011

The relevant expression appears to be "information that you lodge with us (for transmission or web hosting)" (at 2. on p.25).

That's distinguished from "data or information that you provide to us in connection with provision of the Supplies" (at 4. on p.25).

After scanning the Internode document, as far as I can see nothing provides Internode with any rights at all in relation to information lodged with it for transmission or web-hosting.

22.2 We may at any time in our discretion change this Agreement. However we will not make a variation that could reasonably be expected to adversely affect you without including a notice on, or with, your next invoice or statement, or sending a separate notice to you at least 3 business days before it takes effect, which:

22.2.1 is clearly identified as being about a variation to this Agreement;

22.2.2 summarises the effect of the variation; and

22.2.3 invites you to contact us for further information about the variation and its effects by visiting the Website.

22.3 You may obtain a copy of our current Standard Form of Agreement as well as the current Summary Standard Form of Agreement from our offices and/or our Website.

[No reference is made to the Telecommunications Consumer Protections Code C628:2007.]

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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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 65 million in early 2021.

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Created: 9 December 2010 - Last Amended: 24 December 2010 by Roger Clarke - Site Last Verified: 15 February 2009
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