Fiorenza_a (fiorenza_a) wrote in mfu_canteen,
Fiorenza_a
fiorenza_a
mfu_canteen

Musings on the New User Agreement - Pt I

Originally posted by fiorenza_a at Musings on the New User Agreement - Pt I
Bit of an own goal not telegraphing it more assertively, if something feels sneaky people tend to think it is sneaky.

However, overlooking that small public relations faux pas, let us take a relaxed meander through the new agreement.

1.Subject of the Agreement

1.1. Sup Media, Limited Liability Company (the Administration) shall make the Service available to user of the information and telecommunications network Internet (User) under the terms and conditions defined in this User Agreement (the Agreement). The Service may be used only by individuals aged 14 and above.
1.2. The Administration shall make the Service available to User for free.


Fairly straight forward - they (Sup) will make a service available, for free, to anyone over the age of 14. Rather nice of them really.

2. General Provisions

2.1. This Agreement constitutes a public offer in accordance with Article 437 of the Civil Code of the Russian Federation. By using the Service, including every access to the Website pages by any means, User unconditionally accepts this Agreement in its entirety.
2.2. This Agreement governs User’s and the Administration’s rights and obligations as well as their relationships with third parties whose rights and interests may be affected by User’s actions.
2.3. The current version of the Agreement hereof is available online at http://www.livejournal.com/legal/tos-en.bml. This Agreement may be amended by the Administration without special notice by publishing a new version hereof at the above URL. The new version hereof shall come into force upon its online publishing unless otherwise set forth by such a new version hereof.
2.4. Any User who does not agree with the terms of the current version hereof in full or in part shall discontinue using the Service in any way.
2.5. Users breach hereunder may cause termination of his/her access to his/her Account or deletion of such an Account as well as full or partial deletion of the Content or suspension thereto without prior notice.


The rules have been constituted in accordance with Article 437 of the Civil Code of the Russian Federation. No idea what this is, but I suspect it's fairly mundane. If you fail to play by the rules they can suspend or terminate your account. If you don't want play by the new rules, they suggest that this is the time for you to wave goodbye and move on. (They also reserve the right to change the rules whenever they want - which is only fair - it's their playground.)

3.Terms

Authorisation means the analysis of the Authentication Details given by User performed by the software part of the Service, based on which User is given an access to his/her Account.
Account means User’s account containing Authentication Details and other information provided by the User while using the Service.
Authentication Details means unique means of User identification (username and password) used for Authorisation.
Blog means a third-level domain of the Website which is transferred by the Administration to User under the terms and conditions hereof to post his/her Content (keep a Blog).
Community Owner means User who created a Blog in the form of Community.
Content means User`s information within the Service, including any information published during the process of Registration, in Blogs and Communities as a note or comment as well as sent by User in private messages using the Service.
Community Moderator means User to whom the Community Owner provided access to the functionality necessary to moderate the Community’s Content.
Profile means a publicly available page automatically created within the Service during the Registration, which contains all the information filled out by User during the Registration as well as during any further modifications or amendments of his/her Account, except for password and email address specified for registration.
Paid Services means any additional services provided to User by Live Journal Inc. under the terms and conditions of a separate agreement between User and Live Journal Inc.
Registration means User actions performed in order to create an Account pursuant to the procedure established by the Administration. User shall give his/her Authentication Details during the Registration process and may also give any other non-obligatory information which he/she deems fit.
Website means a website in the information and telecommunications network Internet identified by its domain name LiveJournal. com.
Service means the LiveJournal Service which allows User to keep Blogs, posts notes, comments and use any other functions offered by the Administration.
Community Supervisor means User to whom the Community Owner gave access to special Community management functions.
Community means a Blog devoted to a topic specified by the Community Owner, the scope of Content which may be created by a Community of Users in accordance with the rules defined by the Community Owner.


Straight forward glossary of terms and jargon. Nothing scary in that :0)

4.Account Registration

4.1. In order to use a number of functions of the Service, User shall go through Registration procedure.
4.2. For the purpose of Registration, the User shall provide information in accordance with the registration form. If the Administration has reasons to believe that the information provided by the User is incorrect or out-of-date, the Administration may at its own discretion suspend the access to the User’s Account or delete such an Account.
4.3. User shall confirm the Registration by activating following the instruction sent by the Administration to User’s email address defined for the Registration (Registered Address) upon submission of the information to the Registration form;
4.4. The Administration may, at its own discretion, prohibit the use of certain usernames as well as establish requirements to username and password (the number of characters, allowed symbols etc.) If the Administration detects that any words (letter combinations) are used as usernames that may be regarded as affecting the Administration’s and/or any third parties’ rights and legal interests, the Administration may, at its own discretion, delete the User’s Account or restrict access to it until User has changed his/her username as required by the Administration.
4.5. After completion of the registration process, User`s Account and Blog shall be created within the Service identified by a third-level domain name in the format username. livejournal. com, where ’username’ means the username chosen by User.
4.6. User shall be responsible for the security (guessing attacks resistance) of the Authentication Details and its confidentiality.
4.7. User shall be responsible for all actions performed using the User’s Authentications Details, All actions performed upon the Authorisation using the User’s Authentication Details shall be deemed performed by the User personally, unless the User has duly notified the Administration in advance of possible Unauthorised Access and/or any breach (alleged breach) of confidentiality of his/her Authentication Details in accordance herewith.
4.8. The User shall be responsible for any possible loss or distortion of information and for other consequences of any nature which may occur due to the User’s breach of any provisions of the Agreement.
4.9. User also can get an access to additional Service functions via her/his Facebook’, Twitter’, Google’, VKontakte’ or Mail. ru’ account (Third Party’ Account). Third Party Account functions can be limited in comparison with Account functions.


So, they require up-to-date registration details. If they suspect foul play or that you've abandoned the e-mail account and have gone to live with the Ewoks on the Forest Moon of Endor, they reserve the right to refuse or revoke the registration and delete the account. They need to be able to get hold of you folks! They will confirm your registration by e-mail, a very common practice, and expect you to keep your password (the format of which they will dictate) etc. secure. They expect you to act responsibly in preventing and reporting any breaches of your account and will hold you accountable for all content unless reported. In return for your agreeing to these very simple precautions to keep everybody safe on-line, they will furnish you with an account in your chosen user name (provided it's available/not a backdoor attempt to attack the system etc.).

5.User Details

5.1. The technical data transmitted to the Service by the User’s software as well as any other information transmitted by the User to the Service shall be available to the Administration and may be used at its own discretion legally, including targeting the advertising to User.
5.2. The User’s IP address may be available to other Users when User posts comments in Blogs, depending on settings chosen by User or by the Community Owner where User posts such comments.
5.3. Information contained in the Profile shall be available to other Users. User may at any time delete and/or modify the Profile using Account management interface.
5.4. Please note that, no information which can directly or indirectly identify the individual is needed in order to use the Service, including registration process; thus, the relationship connected with the Service, the Registration and information provided in the process of Registration, is not governed by the provisions of Federal Act of the Russian Federation No. 152-ФЗ.


Like Google analytics, they may make legal use of the technical data transmitted to them and, like Google, they may want to use it to better target their advertising. Bit of a shame if you like getting random ads for trawler gear. Additionally, they may make your IP address available to other users. A function many of us appreciate to keep the trolls at bay. You can delete or modify your profile at any time and the information there is viewable by other users. We all knew that, so that's okay. And this, for me, is a big plus, with the exception of the provisions under Section Ten, you at no time have to provide information which uniquely identifies you to use the service and are therefore outwith the provisions of the Federal Act of the Russian Federation No. 152-ФЗ. I have no idea what that act is, but the point is only you decide what, if any, personal information you provide or disclose to Lj, including your registration details.

6. Account Termination

6.1. Termination of Inactive Accounts by the Administration
6.1.1. The Administration reserves the right to delete Account and Blog if User did not access the Account or the access was restricted for more than six months due to a breach hereof.

6.2. Account Termination by the User
6.2.1. User may delete his/her Account using Account management interface. When the function to delete Account is activated, Account shall be blocked for 60 days, during which other Users shall have no access to the Blog Content;
6.2.2. Within this period hereof User can restore his/her Account, and Users’ access to the Blog Content shall be restored;
6.2.3. If User will not restore, his/her Account, username shall become available to other Users and all the User’s information and all the Content posted using Account and checked by User in the interface as subject to deletion shall be deleted except for the information specified in clause 6.3 hereof. Thenceforth, Account or any information related thereto cannot be restored. The data stored in accordance with clause 6.3 hereof shall not be available to User or to third parties and may be provided by the Administration only at the request of competent authorities.

6.3. Please note that in accordance with part 3 Article 10.1 of the Federal Act of the Russian Federation No. 149-ФЗ the Administration shall keep the following information and provide it upon the lawful request of the competent authorities regardless of Users will:
6.3.1. any information related to receipt, transfer, delivery and/or processing of voice information, written texts, images, sounds, video and other electronic messages of Users and information on Users who performed the above actions, within one year upon performing such actions;


Lj may delete your account if your access is restricted for more than 6 months because of a breach of the rules, or you haven't accessed it for more than 6 months. You can choose to delete your account at any time. If you do, it will be at first suspended for 60 days, during which time it will not be available to view, and then all content marked for deletion will be deleted. This also means your username will go back into the pot of available names. If you change your mind during the 60 days, you can restore your account. Which is fab :0)
The only thing which may disturb some is that, in accordance with part 3 Article 10.1 of the Federal Act of the Russian Federation No. 149-ФЗ, for a year after deletion Lj may provide information to the authorities on your communication through the account, if they receive a lawful request to do so. This is a disturbing power, but then, as the Russians have very recent cause to know, terrorism is a disturbing act. These are powers most Governments, including my own, are reserving for themselves in the fight against the criminal use of the web.
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