Seth Wisely said

December 20, 2009

Syncplicity has zero confidence in its own services

Filed under: interweb, overview — Seth Wisely @ 13:56

Thinking about using Syncplicity?  Don’t!

excerpt from TOS

you should not rely on the Site, Syncplicity Content, Services and Sync Files for any reason

Goodness me!  That is a horrendous claim for a ‘backup’ service to make.

We understand the need to license service to store- and provide us our own files, but irrevocably?  That’s silly

you hereby grant to Syncplicity a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use such Sync Files as necessary to provide you with the Services

Becareful with whom you share your files as they might cease to be yours

In addition, you hereby grant all other Syncplicity Users who you invite to access the Sync Files you indicate a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use such Sync Files.

You had better hope you do not need to access your own files often

in no event may your monthly bandwidth utilization exceed two times your allotted storage under your currently applicable Service plan.

The files you upload might not be the files available to download

Notwithstanding the foregoing, Syncplicity is not responsible for the accuracy, completeness, appropriateness, legality or applicability of User Files or anything said,

Sounds like terms of service I apply to comments

All feedback, comments, and suggestions for improvements (the “Feedback”) that you provide to Syncplicity, in any form, and any contributions you make to the Site by posting Syncplicity Content and communicating with other Syncplicity Users via posts to forums on the site (“User Posts”) will be the sole and exclusive property of Syncplicity

I hereby acquire these additional terms to bind comments to myself

You hereby irrevocably transfer and assign to Syncplicity and agree to irrevocably assign and transfer to Syncplicity all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights therein. At Syncplicity’s request and expense, you will execute documents and take such further acts as Syncplicity may reasonably request to assist Syncplicity in acquiring, perfecting and maintaining its intellectual property rights and other legal protections for your Feedback and User Posts. If any such rights in Feedback or User Posts are not assignable to Syncplicity for any reason, you hereby grant to Syncplicity and its successors a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, perpetual and irrevocable right and license to fully exercise all intellectual property rights related to such Feedback and User Posts in connection with its business. You will not earn or acquire any rights or licenses in the Site, Syncplicity Content, and Services or in any Syncplicity intellectual property rights on account of these Terms of Service or your performance under these Terms of Service.

Cannot post offensive content?  One would expect such otherwise explicit terms to elucidate, but one would be wrong

[you agree not to] Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; … (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group… (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Yeah, I cannot agree to these terms

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Syncplicity Content, Services or User Files;

My this is encouraging language for a backup site

THE SITE, SYNCPLICITY CONTENT, SERVICES, SYNC FILES OR USER FILES ARE PROVIDED “AS IS”, … SYNCPLICITY MAKES NO WARRANTY THAT .. [your files will] BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS….IN NO EVENT WILL SYNCPLICITY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY… PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR NATURE (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE

I bet I am expected to pay for the privilege of risking my files

Summary of TOS:  “Please use another backup service”.  Direct questions to: legal@syncplicity.com

All Service Fees are billed in advance on a monthly basis

That way Syncplicity keeps your money even when Syncplicity cannot be bothered to keep your files secure.

All fees are non-refundable and non-cancelable

When Syncplicity does lose- or damange your files you are not even entitled to a refund.  Nice.

Yes, this amazingly insecure, indifferent “service” by syncplicity also has a self destruction clause

Syncplicity accounts which are unused for more than 60 consecutive days are subject to termination.

If after all these admissions of ineptitude by Syncplicity you wish to try their services be sure you use your American Express card.

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