The Mail.Ru Cloud License Agreement changed

I do not work for them! Knowing dislike for them, I consider it necessary to report it immediately.

What happened

Those who are not in the know - Mail.Ru decided to distribute all of them on 1TB on their cloud disk.
Fasting on Habré caused a heated discussion. In addition to reports on the application and statements of no confidence in this company, interesting points of the license agreement surfaced:

5.7. The Licensee, placing Content on the Service, grants the Licensor, its partners and End Users (subject to access to the Licensee’s Personal Disk Space) on the terms of a gratuitous, non-exclusive license the right to use this Content for the entire duration of the exclusive right to the corresponding Content throughout the world by any means, including, but not limited to, making available to the public, viewing, reproduction, translation and processing.

5.10. The Licensee, placing Content on the Service, grants the Licensor, its partners and End Users (subject to access to the Licensee’s Personal Disk Space) on the terms of a gratuitous, non-exclusive license the right to use this Content for the entire duration of the exclusive right to the corresponding Content throughout the world by any means, including, but not limited to, making available to the public, viewing, reproduction, translation and processing.

5.12. The Licensee does not have the right to download or otherwise communicate to the public (to place on the Service) Content and other results of the intellectual activities of the Licensor and other rights holders, in the absence of the express consent of the right holder and / or the necessary level of rights to such actions.

6.4. The licensor has the right to:
6.4.2. delete without any reason and without warning any Content, including Content that at the discretion of the Licensor violates and / or may violate the laws of the Russian Federation, the provisions of this Agreement, the rights of other Licensees or third parties, cause harm to them or threaten security;

7.2.7. not to post photographs on the Service, in which, besides the Licensee, other persons are captured, without their prior consent, except in cases where, in accordance with Article 152.1. The Civil Code of the Russian Federation does not require such consent;

8.2. The licensor is not responsible for any failures and interruptions in the operation of the Application and the loss of information caused by them. The Licensor shall not be liable for any damage to the Licensee’s personal computer, any other equipment or software caused or associated with the use of the Application.

The result was the opinion of many - "a good attempt, Mail.Ru but no." And I expected this story to end.

Continuation followed

Today, benzino quoted with reference to the following text from the vice-president of the Mail.Ru Group on strategic projects of Anna Artamonova:
')

Today we understood a lot (s)

I want to talk about the launch of the "Terabyte free and forever!" Campaign in our Cloud. As you may have heard, we launched a steep share last Friday - we donate 1 TB of space in the Cloud to everyone who takes part in this action (to do this, click the "get" button on the page cloud.mail.ru/promo and install one from our applications).

After that, a lot of good things happened, for example, Russian Minister of Communications Nikiforov mentioned us on his Twitter, in the comments on Habré we were sincerely grateful to the harsh geeks, and in Appstore we got out in the Top 50 overoll and on the 2nd (after our mail) place in productiveness.

But, unfortunately, it was not without fakap, for the solution of which I would like to report:

1. Technological: we, of course, prepared and pretended, but to be honest, we did not expect such a surge in traffic! we thought that users would take up terabytes for the future and gradually fill them with their own good. In the end, 100 gigabytes, which we gave for free before the start of the action, are also quite a few. But an interesting thing happened - it was the amount of data that was uploaded one at a time that increased, and it increased very coolly, dozens of times! And we began to slow down and not cope with this load. This, of course, had no effect on the reliability of the storage of already downloaded data (especially since we had backups), but here the download speed of data to us over the weekend dropped dramatically, and the web interface sometimes gave up 500, which we Attentive users began to complain.

All weekend and Monday morning, our valiant administrators and networkers expanded the channel and delivered the servers, at the same time the developers found in their code a couple of “narrow” places, which also exacerbated the load and also corrected them. By Monday evening, the problem was solved, which was marked by a record amount of content uploaded the next day.

2. Legal: the second result of the increased interest in our service was a careful examination of the license agreement, where users found an item that was not very pleasant for them to transfer non-exclusive rights to all content for use for any purpose. From what, many were quick to conclude that we have some far-reaching and insidious plans for user-generated content.

I want to assure everyone who was worried: there are no plans to use your content “for any purpose”. The item appeared on the drug line solely because of the love of lawyers for reinsurance and the carelessness of the product manager, who believed in the word that "this is normal and so on for everyone." This item (and in fact a few more strange ones) has been corrected and now sounds like “5.10. The Licensee grants the Licensor the right to use the Content solely for the purpose of the operation of the Service in the manner necessary for it. ” Amen!

3. Grocery: Despite the frantic traffic, there are rumors that, after all, not everyone understood how to get 1 TB as a gift, I will explain it again: cloud.mail.ru/promo - here you have to click "get" and install one of our applications. If you have already installed the application before, then by clicking “Get”, you will simply see the greeting and terabyte in your pocket (or rather, in the Cloud).

Well and the summary: despite the increased loading, legal zakovyrki and early start, we coped. Now everything works well, the content is absorbed normally (pah-pah), so who has not received a terabyte yet, welcome!

ps If suddenly there are any other problems, misunderstandings or questions, write to me in PM, please artamonova@corp.mail.ru

Happy New Year!

Original.

After reading this, I decided to see exactly what changes in the points of contention occurred. Found the following:

5.7. The Licensee grants the Licensor the right to use the Content solely for the purpose of operating the Service in the manner necessary for it.

By the way

1.5. Content - elements of design, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds and other objects (files) placed on the Service, including those uploaded by the Licensee that are the result of intellectual activity or are not such, the rights to which belong Licensor, Licensee or other persons.

and not for all that the soul desires.
UPD
In this BOS (current) this is paragraph 5.10.

Clauses 5.10 - 5.12 are now missing. More Mail.Ru does not reward itself with any rights to the downloaded content and does not have condiments to the content rights (in the text of the License Agreement).

UPD
In the version of cloud.mail.ru/LA , in front of which you tick, they are, are missing in cloud.mail.ru/LA/desktop . But paragraph 5.10 replaced the former 5.7 (instead of which the point about cookies now flaunts), and the remaining two have the same content as it was before:

5.11. The use by the Licensee of the Content posted on the Service by the Licensor, by third parties with the consent of the Licensor or the Licensees is allowed as part of the Service’s functionality subject to any permissions and restrictions that may be set by the copyright holder, subject to the preservation of copyright or other notices of authorship, preservation unchanged author name.

5.12. The Licensee does not have the right to download or otherwise communicate to the public (to place on the Service) Content and other results of the intellectual activities of the Licensor and other rights holders, in the absence of the express consent of the right holder and / or the necessary level of rights to such actions.

6.4.2. limit public access to the Content or delete the Content on the Licensee’s Personal Disk Space on the Service, including if the Licensee performs actions that violate the laws of the Russian Federation or the provisions of this Agreement;

It seems to mean that I will not find once that all my all my photos of cats were deleted from my hard drive by their application. Delete only on the service. But:

8.6. The Licensor does not guarantee the safety of files and folders with the Licensee’s files in the Licensee’s Personal Disk Space and is not responsible for the loss of files and folders with files, as well as any other information posted by the Licensee on the Service, as a result of the End Users, unauthorized access by third parties which became known links to the file or folder.

So the question is whether they will be lazy or not to try so that the deletion due to violations on the service does not synchronize with the folder on my hard drive? It remains open and requires clarification from representatives.

7.2.7. to comply with the requirements of applicable law when placing the Content, in terms of obtaining the necessary consents and / or permissions from third parties;

Just add water. And take away the specifics. But still confusing less. And this news about Google reminds that none of the services wants at least to be used for sharing criminal content.

8.2. The licensor is not responsible for any failures and interruptions in the operation of the Application and the loss of information caused by them. The Licensor shall not be liable for any damage to the Licensee’s personal computer, any other equipment or software caused or associated with the use of the Application.

As it was, it remains so. And what free cloud storage is responsible? I have not met. zapimir quoted lines from the Acronis license agreement that provides paid services

ACRONIS IS NOT RESPONSIBLE FOR THE REMOVAL OF DATA, LOSS OF DATA OR IMPOSSIBILITY OF STORAGE OF DATA.

So what?

In general, there was a post in defense. I did not return my Mail.Ru trust with it and I continue to store encrypted backups on the service. Moreover, they, like all others:

10.1. This Agreement may be modified by the Licensor without any prior notice. Any changes to the Agreement made by the Licensor unilaterally enter into force on the day following the day of publication of such changes on the Licensor’s Internet site. The licensee undertakes to independently verify the Agreement for changes. The Licensee’s failure to take actions to familiarize themselves with the Agreement and / or the amended version of the Agreement cannot serve as a basis for the Licensee’s failure to fulfill its obligations and the Licensee’s non-compliance with the restrictions established by the Agreement.

But for the right reaction to them plus. Placed here to maintain the objectivity of information on Habré. As anywhere, including on Habré, did not find out detailed information.

New license agreement .

UPD
Amendment. Three versions of the license agreement were found. cloud.mail.ru/LA you accept by ticking on the promo page. cloud.mail.ru/LA/desktop opens if you click the LAN button on the desktop client. cloud.mail.ru/LA/mobile - if on a mobile.
Due to the presence of different versions, confusion initially arose.
The post has been added.

PS
Gentlemen ministers, if you are not too lazy to go to the profile and click on the arrow - take the trouble to explain why. Fasting is not just copy-paste from FB or another resource. A study comparing past and current license versions. Errata in the text were, but after notifications about them by personal messages were promptly corrected. If something else is wrong - write, correct. I myself am interested in the relevance of information and the convenience of its receipt. Incomprehensible minuses you do not help.

Thanks to everyone who helped sort out the confusion.

More UPD :-)
Have fun - so the whole coil, with lapta and bears. ReklatsMasters has suggested auto-checking a license message ( GitHub ). Apparently, he did it specifically for people who are afraid that Mail.Ru will make them walk on their hands .
And it was not the end
It turned out that there is a special site dealing with tracking changes in the policies of hundreds of sites. Works from January 16, 2013.

Mobile device owners
Be careful with the mobile app! Instead of WiFi, it can sync via mobile Internet. habrahabr.ru/post/207780/#comment_7155586