[Solar-general] [OT]Gmail

Sebastian Bassi sbassi en gmail.com
Mie Sep 15 20:27:04 CEST 2004


On Wed, 15 Sep 2004 14:51:58 -0300, Nahuel Iglesias <niglesias at gmail.com> wrote:
> Exactamente, el revuelo era porque un programa iba a examinar el
> contenido de los mensajes para decidir qué publicidades o links
> relevantes convenía poner... una pavada, vea. Se supone que eso
> vulnera mi privacidad???

De la misma manera que te la vulnera el filtro anti-spam y el
antivirus. Ambos programas LEEN tus e-mail para verificar que no
tengas spam o virus. Pero nunca nadie se quejó de que el programa
antivirus te lee los mails.
Si el servicio es voluntario y estas informado previamente, para mi es
totalmente legitimo.

> Por otra parte lo de gmailfs está interesante, pero no sé si no
> resulta inaceptable según las condiciones de uso del servicio
> (¿Alguien se fijó?)

A mi me parece de lo mas aceptable. No es como MS que reclama
propiedad de lo que pasa por su sistema.
Aca estan los terminos y condiciones:

Gmail Terms of Use

Welcome to Gmail! Before you register for your Gmail account, you must
read and agree to these Gmail Terms of Use and the following terms and
conditions and policies, including any future amendments
(collectively, the "Agreement"):

    * Google Terms of Service – Our general terms and conditions
    * Gmail Privacy Policy – How we maintain and protect your personal
information in Gmail
    * Gmail Program Policies – Guidelines for using Gmail

Although we may attempt to notify you via your Gmail address when
major changes are made, you should visit this page periodically to
review the terms. Google may, in its sole discretion, modify or revise
these terms and conditions and policies at any time, and you agree to
be bound by such modifications or revisions. If you do not accept and
abide by this Agreement, you may not use the Gmail service. In the
event of an inconsistency between the Gmail Terms of Use and either
Google's general Terms of Service (available at
http://www.google.com/terms_of_service.html) or the Gmail Privacy
Policy (available at http://www.google.com/gmail/help/privacy.html),
the Gmail Terms of Use shall control. Nothing in this Agreement shall
be deemed to confer any third party rights or benefits.

   1. Description of Service. Gmail is a free, search-based email
application from Google (the "Service"). You understand and agree that
the Service may include content-targeted ads or other related
information, as further described below and in the Gmail Privacy
Policy. In addition, you understand and agree that the Service is
provided on an AS IS and AS AVAILABLE basis. Google disclaims all
responsibility and liability for the availability, timeliness,
security or reliability of the Service. Google also reserves the right
to modify, suspend or discontinue the Service with or without notice
at any time and without any liability to you.


   2. Personal Use. The Service is made available to you for your
personal use only. Due to the Children's Online Privacy Protection Act
of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you
must be at least thirteen (13) years of age to use this Service. You
must provide current, accurate identification, contact, and other
information that may be required as part of the registration process
and/or continued use of the Service. You are responsible for
maintaining the confidentiality of your Service password and account,
and are responsible for all activities that occur thereunder. Google
reserves the right to refuse service to anyone at any time without
notice for any reason.


   3. Proper Use. You agree that you are responsible for your own
communications and for any consequences thereof. Your use of the
Service is subject to your acceptance of and compliance with the
Agreement, including the Gmail Program Policies ("Program Policies"),
located at http://www.google.com/gmail/help/program_policies.html, or
such other URL as Google may provide from time to time. You agree that
you will use the Service in compliance with all applicable local,
state, national, and international laws, rules and regulations,
including any laws regarding the transmission of technical data
exported from your country of residence. You shall not, shall not
agree to, and shall not authorize or encourage any third party to: (i)
use the Service to upload, transmit or otherwise distribute any
content that is unlawful, defamatory, harassing, abusive, fraudulent,
obscene, contains viruses, or is otherwise objectionable as reasonably
determined by Google; (ii) upload, transmit or otherwise distribute
content that infringes upon another party's intellectual property
rights or other proprietary, contractual or fiduciary rights or
obligations; (iii) prevent others from using the Service; (iv) use the
Service for any fraudulent or inappropriate purpose; or (v) act in any
way that violates the Program Policies, as may be revised from time to
time. Violation of any of the foregoing may result in immediate
termination of this Agreement, and may subject you to state and
federal penalties and other legal consequences. Google reserves the
right, but shall have no obligation, to investigate your use of the
Service in order to determine whether a violation of the Agreement has
occurred or to comply with any applicable law, regulation, legal
process or governmental request.


   4. Content of the Service. Google takes no responsibility for third
party content (including, without limitation, any viruses or other
disabling features), nor does Google have any obligation to monitor
such third party content. Google reserves the right at all times to
remove or refuse to distribute any content on the Service, such as
content which violates the terms of this Agreement. Google also
reserves the right to access, read, preserve, and disclose any
information as it reasonably believes is necessary to (a) satisfy any
applicable law, regulation, legal process or governmental request, (b)
enforce this Agreement, including investigation of potential
violations hereof, (c) detect, prevent, or otherwise address fraud,
security or technical issues (including, without limitation, the
filtering of spam), (d) respond to user support requests, or (e)
protect the rights, property or safety of Google, its users and the
public. Google will not be responsible or liable for the exercise or
non-exercise of its rights under this Agreement.


   5. Intellectual Property Rights. Google's Intellectual Property
Rights. You acknowledge that Google owns all right, title and interest
in and to the Service, including without limitation all intellectual
property rights (the "Google Rights"), and such Google Rights are
protected by U.S. and international intellectual property laws.
Accordingly, you agree that you will not copy, reproduce, alter,
modify, or create derivative works from the Service.  You also agree
that you will not use any robot, spider, other automated device, or
manual process to monitor or copy any content from the Service.  The
Google Rights include rights to (i) the Service developed and provided
by Google; and (ii) all software associated with the Service.  The
Google Rights do not include third-party content used as part of
Service, including the content of communications appearing on the
Service.

      Your Intellectual Property Rights. Google does not claim any
ownership in any of the content, including any text, data,
information, images, photographs, music, sound, video, or other
material, that you upload, transmit or store in your Gmail account. 
We will not use any of your content for any purpose except to provide
you with the Service.

   6. Representations and Warranties. You represent and warrant that
(a) all of the information provided by you to Google to participate in
the Services is correct and current; and (b) you have all necessary
right, power and authority to enter into this Agreement and to perform
the acts required of you hereunder.


   7. Privacy. As a condition to using the Service, you agree to the
terms of the Gmail Privacy Policy as it may be updated from time to
time. Google understands that privacy is important to you. You do,
however, agree that Google may monitor, edit or disclose your personal
information, including the content of your emails, if required to do
so in order to comply with any valid legal process or governmental
request (such as a search warrant, subpoena, statute, or court order),
or as otherwise provided in these Terms of Use and the Gmail Privacy
Policy. Personal information collected by Google may be stored and
processed in the United States or any other country in which Google
Inc. or its agents maintain facilities. By using Gmail, you consent to
any such transfer of information outside of your country.


   8. Advertisements. As consideration for using the Service, you
agree and understand that Google will display ads and other
information adjacent to and related to the content of your email.
Gmail serves relevant ads using a completely automated process that
enables Google to effectively target dynamically changing content,
such as email. No human will read the content of your email in order
to target such advertisements or other information without your
consent, and no email content or other personally identifiable
information will be provided to advertisers as part of the Service.


   9. Account Inactivity. After a period of inactivity, Google
reserves the right to disable or terminate a user's account. If an
account has been deactivated for inactivity, the email address
associated with that account may be given to another user without
notice to you or such other party. For more information on how Google
deals with account inactivity, please consult the Program Policies.


  10. Publicity. Any use of Google's trade names, trademarks, service
marks, logos, domain names, and other distinctive brand features
("Brand Features") must be in compliance with this Agreement and in
compliance with Google's then current Brand Feature use guidelines,
and any content contained or reference therein, which may be found at
the following URL: http://www.google.com/permissions/guidelines.html
(or such other URL Google may provide from time to time).


  11. Termination; Cancellation. You may cancel your use of the
Services and/or terminate this Agreement with or without cause at any
time by providing notice to Google at
http://www.google.com/accounts/ManageAccount; provided, however, that
a terminated account may continue to exist for up to two business days
before such cancellation takes effect. Google may at any time and for
any reason terminate the Services, terminate this Agreement, or
suspend or terminate your account. In the event of termination, your
account will be disabled and you may not be granted access to your
account or any files or other content contained in your account
although residual copies of information may remain in our system.
Except as set forth above or unless Google has previously canceled or
terminated your use of the Services (in which case subsequent notice
by Google shall not be required), if you have provided an alternate
email address, Google will notify you via email of any such
termination or cancellation, which shall be effective immediately upon
Google's delivery of such notice. Sections 3, 4, 5, 7, and 11 - 13 of
the Agreement, along with applicable provisions of the general Terms
of Service (including the section regarding limitation of liability),
shall survive expiration or termination.


  12. Indemnification. You agree to hold harmless and indemnify
Google, and its subsidiaries, affiliates, officers, agents, and
employees from and against any third party claim arising from or in
any way related to your use of the Service, including any liability or
expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys'
fees, of every kind and nature. In such a case, Google will provide
you with written notice of such claim, suit or action.


  13. Choice of Law; Jurisdiction. These Terms of Use will be governed
by and construed in accordance with the laws of the State of
California, without giving effect to its conflict of laws provisions
or your actual state or country of residence. Any claims, legal
proceeding or litigation arising in connection with the Service will
be brought solely in Santa Clara County, California, and you consent
to the jurisdiction of such courts.



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