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NZ's Largest ISP Owns Your Work

Posted by Hemos on from the stupid-TOS-tricks dept.

NZKiwi writes "New Zealand's Largest ISP has quietly introduced a new clause into their TOS; basically if it goes through their servers, they own it, and can exploit it as they see fit. Have a look at their TOS, it's under section 4 "Our Use of Your Intellectual Property" I think it's time I shopped for a new ISP."

2 of 95 comments (clear)

  1. Universities by smoondog · · Score: 5, Insightful

    I suggest someone send this to the attention of some universities with researchers who use that ISP. They will not be happy with changes to agreements that violate agreements their employees already have with them.

    -Sean

  2. Xtra's TOS has now changed.... by NZKiwi · · Score: 5, Informative
    Xtra's TOS has now changed...., it now says:

    Xtra does not claim ownership of any content or material you provide or make available through the Services ("Customer Material"). However, by placing any Customer Material on our Websites or Systems (including posting messages, uploading files, importing data or engaging in any other form of communication), you grant to Xtra a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Customer Materials:

    * use, copy, sublicence, redistribute, adapt, transmit, publish, delete, edit and/or broadcast, publicly perform or display, and

    * sublicence to any third parties the unrestricted right to exercise any of the rights granted,

    in each case for the limited purposes for which you provided or made the Customer Materials available or to enable us and our suppliers to provide the Services.

    where it used to say

    By placing any content, software or anything else ("Materials") on our Websites or Systems (including posting messages, uploading files, importing data or engaging in any other form of communication), you grant to Xtra a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Materials:

    * use, copy, sublicence, redistribute, adapt, transmit, publish, delete, edit and/or broadcast, publicly perform or display, and

    * sublicence to any third parties the unrestricted right to exercise any of the rights granted.

    The above rights you grant to us includes the right to exploit all proprietary rights in any of the Materials including, but not limited to, rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Xtra and any other party authorised by Xtra all moral rights and any similar rights in any jurisdiction which you may have or may later acquire in respect of any relevant Materials.

    Strange how fast a little publicity changes things