MSN Messenger 7 is out, but I find the terms of service completely unacceptable. The terms are written in very easy to understand English (as opposed to legalese), so I recommend you read it too. It's not difficult. But for the lazy among you, here are the terms I find unacceptable. (Note that these are the terms as of the time of writing, and since Microsoft reserves the right to change the terms at any time for any reason, they might no longer be the terms you are agreeing to when you install MSN7).

2. HOW WE MAY MODIFY THIS CONTRACT. We may change this contract at any time. You must review this contract on a regular basis. You can find the most recent version of the contract at http://messenger.msn.com/Help/Terms.aspx. The changed contract is in effect right away. If you do not agree to changes in the contract, then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed contract.

This is obviously completely unacceptable. One day they might change the contract to say "You are now Bill Gate's fuck slave. Your anus belongs to him."

3. HOW YOU MAY ACCESS AND USE THE SERVICE. We provide the Service for your personal use. You may use the Service while you are at work, but you may not use the Service to conduct business without a separate written contract with Microsoft.

Since I regularly enjoy coordinating programming projects using instant messengers, this is also an unacceptable condition for me. This next paragraph is also from section 3.

You may not use any software or services with Microsoft software or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Service. You may also not use any software or hardware that reduces the number of users directly accessing or using the Service (sometimes called 'multiplexing' or 'pooling' software or hardware).

This is so vague, it pretty much disallows you from using MSN messenger at all. The Internet rerouters the service. If you have a router on your network, it's rerouting the service. If you use a public WiFi access point, your service is being rerouted.

4. WHAT YOU MAY NOT DO WITH THE SERVICE. [...] Some examples of harmful activity that we do not permit include: Obtaining or trying to obtain any data through any means from the Service, except if we intend to provide or make it available to you. Charging others to use the Service either directly or indirectly.

The first example depends on Microsoft's "intent", something which is hard to define. Did they intend for you to receive that message from your friend sending you the URL to download Firefox? The second example is also vague. Does Microsofot "not permit" internet service providers who charge money to access the internet, thus indrectly charging you to use the Service?

You may not use the Service to send or receive messages or materials that are inappropriate or violate the intellectual property rights of Microsoft or others.

Again, inappropriate is vague. Is a message saying "You know, I really don't like the terms of agreement MSN7 is forcing me to accept" inappropriate from Microsoft's point of view?

Some examples of types of material and messages that we do not permit include: Downloading any material sent by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner. Using, downloading or otherwise copying, or providing to a third party (whether or not for a fee) any (i) directory of users of the Service, (ii) information about users of the Service; or (iii) Service usage information. Using any portion of the Service to harvest or otherwise collecting information about others, including e-mail addresses.

The first example says that if someone uses a copyrighted image as their Avatar, I have become responsible for it, rather than him. You know how my avatar is Piccolo from DBZ? Well, if you're running MSN7 and you see my avatar, that means it's been downloaded onto your computer, and you know I don't have the legal right to distribute that image, so you've just violated the terms of MSN7.

The second example says you can't download or use any information about users of the service. That means you can't use the information that is my e-mail address or that my handle is "Nebu Pookins". If you somehow use that information, such as by saying my name to someone, or sending me an e-mail, you've violated the terms.

The third example says that I can't message my friend Kilree and say "Hey, I wanna send you a file. What's your e-mail address?" 'Cause that would be using the service to collect information about others (including e-mail addresses).

5. PRIVACY. [...] However, we may monitor your communications and disclose information about you, including the content of your communications, if we consider it necessary to: (1) comply with the law or to respond to legal process; (2) ensure your compliance with this contract; or (3) protect the rights, property, or interests of Microsoft, its employees, its customers, or the public.

This actually I don't mind so much (in fact, I expect Microsoft to claim this right), but some people may be bothered by it, which is why I put it up here.

6. CONTENT AND THIRD PARTY SITES AND SERVICES LINKS. If you use MSN software with the Service, you will only use software and services that we provide or configure for use with the MSN software.

I must be misinterpreting this. Because to me, it says IF you use MSN software with the Service (i.e. if you use MSN7, and you connect to Microsoft's servers), then you will only use software provided by Microsoft. That means you are not allowed to use, for example, Linux, Firefox, Thunderbird, Winamp, and anything not made by Microsoft.

7. SOFTWARE. [...] We may automatically download upgrades to such software to your computer to update, enhance and further develop the Service.

For example, Microsoft may automatically download a patch which forces Internet Explorer to be the default browser, regardless of what other browsers are installed, all in the name of "further developing the Service."

Your license will also terminate if Microsoft modifies the Service to no longer support such software. We may disable such software after the date the Service terminates.

Let's say you actually plunked down $400 for Microsoft Windows XP Professional. Microsoft can automatically download a patch for it (as mentioned previously), and then decide not to support WinXP anymore. Therefor your license to use the software has expired. You may not legally use WinXP anymore. It doesn't matter if it seems unlikely that Microsoft will ever do this: They shouldn't have the right to do it in the first place.

8. PERFORMANCE AND USAGE DATA. [...] Microsoft may automatically upload performance and usage data for evaluating the Service and the software associated with the Service. [...] You may opt out of the automatic uploading of your usage data (but not performance data) as indicated in software associated with the Service.

Again, this doesn't particularly bother me, but it might bother some people that there exist some statistic gathering that you're not allowed to opt out of.

Sections 9, 10 and 11 basically say you can't sue Microsoft if you use this service. In particular, 11 says "WE MAY CHANGE THE SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON". Section 13 says that they may terminate this contract at any time (though it doesn't say you have the same liberty), and that "Upon Service termination, your right to use the Service stops right away."

Section 14 says that if you do decide to sue Microsoft, you have to do some from a Washington court: "you consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA for all disputes relating to this contract or the Service. [...] You cannot revoke this consent."

Section 15 admits that the contract is so restrictive, it is probably not enforceable. "A court may hold that a part of this contract cannot be enforced as it is written. If this happens, then that part will be replaced by terms that most closely match the intent of the part that cannot be enforced." meaning if the court says Microsoft can't enforce it, then Microsoft gets to rewrite it in such a way so that it is enforaceable (implying that you have to automatically agree to this new version of the contract).

Section 17 says "ANY CLAIM RELATED TO THIS CONTRACT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR." meaning if you later find out that Microsoft did something for which you could have sued them, and that was over a year ago, you can't sue them anymore.

Section 19 says Microsoft can send you spam: "We may give you any data regarding the Service in electronic form. We may provide such data to you via e-mail at the e-mail address you specified when you registered for the Service, by instant message to your account, or by access to a Microsoft web site. [...] If you do not consent to receive any notices electronically, you must discontinue your use of the Service."