11 Comments

Summary:

With online office applications improving in quality all the time, they’re rapidly becoming the tool of choice for web workers. Between the ability to access your documents anywhere, the easy sharing, and the automatic backups, I know more and more people who are using these services. […]

With online office applications improving in quality all the time, they’re rapidly becoming the tool of choice for web workers. Between the ability to access your documents anywhere, the easy sharing, and the automatic backups, I know more and more people who are using these services. But in this rush to go online, we sometimes fail to understand exactly what we’re getting for free. Particularly as these services get used for more business purposes, it’s worth a look at their Terms of Service.

As a starting point, I looked at the terms for three of the major alternatives in the online document space: Google Docs, Zoho, and Adobe’s new Acrobat.com service. What I found might give you some pause – especially if you tend towards the cautious (or paranoid) end of the business user spectrum.

ScreenshotTo find the terms for Google Docs, you need to first go to the Help Center, and then follow three separate links to the privacy policy, terms of service, and additional terms. Here are a few highlights (and this is a good point to insert the standard “I am not a lawyer” disclaimer: for full details, you need to read the originals yourself, and discuss them with your own attorney):

  • You retain copyright, but “you give Google a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Service for the sole purpose of enabling Google to provide you with the Service in accordance with its Privacy Policy.”
  • Google can discontinue the service at any time with no notice, and you may lose your files with no notice.
  • Google retains the right to filter or remove content.
  • Google can put ads wherever they want, with no notice to you.
  • Deleted documents may remain on Google’s servers for up to three weeks.

ScreenshotZoho‘s TOS and privacy policy are linked directly from their home page. If you read them, you’ll find:

  • “Unless specifically permitted by you, your use of the Services does not grant AdventNet the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your Account for AdventNet’s commercial, marketing or any similar purpose.”
  • Zoho can block or remove content that infringes copyright or violates laws.
  • Zoho can terminate your account at any time for any reason.
  • Files may remain on their servers after deletion for an unspecified length of time.

ScreenshotAcrobat.com, like Zoho, has its services agreement and privacy policy linked from their home page. On the minor annoyances side, the terms are only available as a PDF, not online as with other services. Among the details:

  • Adobe can discontinue providing the service at any time, with no notice.
  • You retain ownership of your files, but “By maintaining your
    Content on the Services, you grant to Adobe a non-exclusive, worldwide, perpetual,
    royalty-free and fully paid license under all intellectual property rights to copy, distribute,
    transmit, publicly display, publicly perform, transmit, and reformat your Content solely
    to deliver the Services to you.”
  • Adobe may read your content for legal or technical reasons.

So what’s it all mean? Reading over all three agreements, it’s very clear that Google and Adobe have more lawyers hanging around than does AdventNet (Zoho’s corporate name). – and, like lawyers everywhere, they’ve gotten their fingers into the pie. Of the three services, Google has perhaps the most intrusive agreement, thanks to their explicitly reserving the right to serve ads anywhere. As far as ownership goes, you should be OK with any of these services; although Google and Adobe claim licenses, the full terms make it clear that these license are limited to actually providing you the service you’re using.

One thing that’s clearly missing is any sort of backup guarantee. While you may feel more secure storing your documents on Google’s or Zoho’s or Adobe’s servers than your own, that security is not something that you’re promised. Any of the three can lose your documents or terminate your ability to get to them at any time for pretty much any reason, and you’re out of luck. So if you do put important things online – back them up somewhere else.

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  1. Expecting an SLA on a free service seems unreasonable. I haven’t read google’s pay service TOS recently but I suspect it includes some form of performance guarantee.

  2. Todd Andrews Thursday, July 3, 2008

    Definitely an important question to ask and understand. Hopefully you can proceed with your online business without ever needing to deal with these legal issues.

  3. Zoho – I’ve been using their services since…well, since they pretty much started. I get immediate answers to questions and have never had an issue. I looked at their license early and google’s as well…have to say it’s a BIG factor for me.

    Go with Zoho – a better service by far!

  4. Lasse Rintakumpu Thursday, July 3, 2008

    The Terms of Services may seem (unreasonably?) harsh for a layman, but they probably exist to protect the companies from predatory lawsuits.

    So I wouldn’t be too worried (but I would make regular backups of my cloud-hosted documents).

    And to be fair, you should compare these service terms with, let’s say, Microsoft Office’s EULA. I don’t even want to know what that document says.

  5. Marcin Grodzicki Thursday, July 3, 2008

    I don’t understand this ‘solely to privide you this service’ part – I don’t need my documents translated or publicly displayed in order to use the service. In that case can google put my private documents on the (public) web at any time or not?

  6. Thanks for that! I left a comment wondering about this very thing only a short time ago.

  7. Although the TOS suggests the same wrapped in somewhat legal terms, Zoho’s Privacy Policy is worth looking at, for a simple, plain English declaration:

    We assure you that the contents of your Account will not be disclosed to anyone and will not be accessible to employees of AdventNet. Neither do we process the contents of your Account for serving targeted advertisements.

    http://www.zoho.com/privacy.html

  8. Marcin,

    Depending on your sharing preferences you MAY need to publicly share a document… for example with partners etc.

    The solely to provide you with service part limits the rights that they assert earlier.

  9. As said online office applications are proving more productive and also reliable at any time, with sites like eDeskOnline you can access them on any internet enabled computer or on your GPRS activated cellphone that makes life more simpler.

  10. Ajay Pathak Sunday, July 6, 2008

    i think Microsoft’s new SAS concept will defiantly affect Google and other online office suites programs.
    and here the creator owns the complete rights over the documents

  11. If Google or any other service provider goes bankrupt or has an act God, of course you lose your documents. The lesson here is tried and true: back up, back up, back up.

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