At first, I thought the following was in the EULA, but rather it's in the "Terms & Conditions" for use of Multitude's FireTalk Service (Firetalk is a messaging suite, available at http://www.firetalk.com). Note that the use of the FireTalk Service is a necessary component of using the FireTalk application, and thus mandatory for use of the product. The following excerpts are from the FireTalk application installation program:
"... 2. Agreements. This Agreement comprises the entire agreement between Multitude and you, and supersedes any prior agreements between you and Multitude with respect to the subject matter hereof or thereof. However, Multitude may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement on the Firetalk/Community website. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your use of the service as provided in this Agreement."
In other words, they can modify this agreement at any time without notification to you. Maybe this would be acceptable if it weren't for statements like this a little bit later:
"You hereby consent to the extraction of hardware system profile data through the Service from any computer that logs on to the Service using your Master Account."
What's to stop them from changing their agreement to allow them to extract personal information without notification to me?
"...You may not select as your nickname the name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Multitude deems in its discretion to be vulgar or otherwise offensive. Multitude reserves the right to delete any vulgar or otherwise offensive nicknames, or to require you to change nickname. You are entirely liable for all activities conducted through your Account and the nickname registered to your Account."
So I can't use the nickname "Cokemaster" because "Coke" is a registered trademark, even if the name refers to my outrageous cocaine habit rather than the cola?
"...You are entirely liable for all activities conducted through your Account and the nickname registered to your Account.... While Multitude is not charging for the service at this time, Multitude reserves the right to charge in the future, and in this case YOU WILL BE FULLY LIABLE FOR ANY AND ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.... Charges for Service. Currently there are no rates or charges for using the Service. Multitude may change its fees and billing methods at any time effective thirty (30) days after notice thereof is posted on the Firetalk/Community website, the terms of which are incorporated herein. All changes will be posted online and you are responsible for reviewing pricing information posted to the Service to obtain timely notice of such changes."
Nice, they can start to bill me without my consent, and they can also bill me for a stolen or cracked account.
"Any content, characters, artwork, text, information, or other intellectual property you add to the Software when and if such activities are enabled will be in the public domain. Neither you nor anyone else may claim to own or have exclusive right, including the copyright or trademark rights to such material, and you agree that Multitude may use such material for any purpose, including republication and creation of derivative rights. You assume all risks regarding the determination of your right to use the materials or whether the materials are in the public domain."
They can make my copyrighted content public domain on my behalf, even if it's related to private comminucation, and then use it themselves?
The rest of the agreement goes on and on, basically stating that your only and ultimate recourse if you object to the terms of this or any modified form of this agremeent is to cancel your account. Furthermore, cancelling your account does not entitle you to a refund of any money you've paid to Multitude, Inc. for service (considering that they indicate that you must pay for service before receiving it, this is pretty heinous).
Slashdot Mirror
"... 2. Agreements. This Agreement comprises the entire agreement between Multitude and you, and supersedes any prior agreements between you and Multitude with respect to the subject matter hereof or thereof. However, Multitude may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement on the Firetalk/Community website. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your use of the service as provided in this Agreement."
In other words, they can modify this agreement at any time without notification to you. Maybe this would be acceptable if it weren't for statements like this a little bit later:
"You hereby consent to the extraction of hardware system profile data through the Service from any computer that logs on to the Service using your Master Account."
What's to stop them from changing their agreement to allow them to extract personal information without notification to me?
"...You may not select as your nickname the name of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Multitude deems in its discretion to be vulgar or otherwise offensive. Multitude reserves the right to delete any vulgar or otherwise offensive nicknames, or to require you to change nickname. You are entirely liable for all activities conducted through your Account and the nickname registered to your Account."
So I can't use the nickname "Cokemaster" because "Coke" is a registered trademark, even if the name refers to my outrageous cocaine habit rather than the cola?
"...You are entirely liable for all activities conducted through your Account and the nickname registered to your Account. ... While Multitude is not charging for the service at this time, Multitude reserves the right to charge in the future, and in this case YOU WILL BE FULLY LIABLE FOR ANY AND ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. ... Charges for Service. Currently there are no rates or charges for using the Service. Multitude may change its fees and billing methods at any time effective thirty (30) days after notice thereof is posted on the Firetalk/Community website, the terms of which are incorporated herein. All changes will be posted online and you are responsible for reviewing pricing information posted to the Service to obtain timely notice of such changes."
Nice, they can start to bill me without my consent, and they can also bill me for a stolen or cracked account.
"Any content, characters, artwork, text, information, or other intellectual property you add to the Software when and if such activities are enabled will be in the public domain. Neither you nor anyone else may claim to own or have exclusive right, including the copyright or trademark rights to such material, and you agree that Multitude may use such material for any purpose, including republication and creation of derivative rights. You assume all risks regarding the determination of your right to use the materials or whether the materials are in the public domain."
They can make my copyrighted content public domain on my behalf, even if it's related to private comminucation, and then use it themselves?
The rest of the agreement goes on and on, basically stating that your only and ultimate recourse if you object to the terms of this or any modified form of this agremeent is to cancel your account. Furthermore, cancelling your account does not entitle you to a refund of any money you've paid to Multitude, Inc. for service (considering that they indicate that you must pay for service before receiving it, this is pretty heinous).