https://www.theregister.com/2024/03/28/vultr_content_controversy/ # # Sign in / up The Register(r) -- Biting the hand that feeds IT # # # Topics Security Security All SecurityCyber-crimePatchesResearchCSO (X) Off-Prem Off-Prem All Off-PremEdge + IoTChannelPaaS + IaaSSaaS (X) On-Prem On-Prem All On-PremSystemsStorageNetworksHPCPersonal TechCxOPublic Sector (X) Software Software All SoftwareAI + MLApplicationsDatabasesDevOpsOSesVirtualization (X) Offbeat Offbeat All OffbeatDebatesColumnistsScienceGeek's GuideBOFHLegalBootnotesSite NewsAbout Us (X) Special Features Special Features All Special Features Cloud Infrastructure Week Cybersecurity Month Blackhat and DEF CON Sysadmin Month The Reg in Space Emerging Clean Energy Tech Week Spotlight on RSA Energy Efficient Datacenters Vendor Voice Vendor Voice Vendor Voice All Vendor Voice Amazon Web Services (AWS) Business Transformation Amazon Web Services (AWS) New Horizon in Cloud Computing DDN Google Cloud Data Transformation Hewlett Packard Enterprise: AI & ML solutions Hewlett Packard Enterprise: Edge-to-Cloud Platform Intel vPro VMware (X) Resources Resources Whitepapers Webinars & Events Newsletters [paasiaas] PaaS + IaaS comment bubble on black Cloud server host Vultr rips user data ownership clause from ToS after web outrage comment bubble on black We know the average customer doesn't have a law degree, CEO tells us icon Tobias Mann Thu 28 Mar 2024 // 21:25 UTC # Cloud server provider Vultr has rapidly revised its terms-of-service after netizens raised the alarm over broad clauses that demanded the "perpetual, irrevocable, royalty-free" rights to customer "content." The red tape was updated in January, as captured by the Internet Archive, and this month users were asked to agree to the changes by a pop-up that appeared when using their web-based Vultr control panel. That prompted folks to look through the terms, and there they found clauses granting the US outfit a "worldwide license ... to use, reproduce, process, adapt ... modify, prepare derivative works, publish, transmit, and distribute" user content. [paasiaas] It turned out these demands have been in place since before the January update; customers have only just noticed them now. Given Vultr hosts servers and storage in the cloud for its subscribers, some feared the biz was giving itself way too much ownership over their stuff, all in this age of AI training data being put up for sale by platforms. We do not use user data. We never have, and we never will In response to online outcry, largely stemming from Reddit, Vultr in the past few hours rewrote its ToS to delete those asserted content rights. CEO J.J. Kardwell told The Register earlier today it's a case of standard legal boilerplate being taken out of context. The clauses were supposed to apply to customer forum posts, rather than private server content, and while, yes, the terms make more sense with that in mind, one might argue the legalese was overly broad in any case. [paasiaas] [paasiaas] "We do not use user data," Kardwell stressed to us. "We never have, and we never will. We take privacy and security very seriously. It's at the core of what we do globally." The controversial wording appeared under section 12 of the ToS, which up until now read like this: You hereby grant to Vultr a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and otherwise use and commercialize the User Content in any way that Vultr deems appropriate, without any further consent, notice and/or compensation to you or to any third parties, for purposes of providing the services to you. User content was defined as "the information, text, opinions, messages, comments, audio visual works, motion pictures, photographs, animation, videos, graphics, sounds, music, software, apps, and any other content or material that you or your end users submit, upload, post, host, store, or otherwise make available" using Vultr's resources. According to Kardwell, the content clauses are entirely separate to user data deployed in its cloud, and are more aimed at one's use of the Vultr website, emphasizing the last line of the relevant fine print: "... for purposes of providing the services to you." [paasiaas] He also pointed out that the wording has been that way for some time, and added the prompt asking users to agree to an updated ToS was actually spurred by unrelated Microsoft licensing changes. * Redis tightens its license terms, pleasing basically no one * SAP ordered to pay $26.4M in South Africa energy firm dispute * Euro-cloud consortium CISPE calls for investigation of Broadcom * VMware by Broadcom offers a lifeline to small cloud service providers In light of the controversy, Vultr vowed to remove the above section to "simplify and further clarify" its ToS, and has indeed done so. In a separate statement, the biz told The Register the removal will be followed by a full review and update to its terms of service. "It's clearly causing confusion for some portion of users. We recognize that the average user doesn't have a law degree," Kardwell said. "We're very focused on being responsive to the community and the concerns people have and we believe the strongest thing we can do to demonstrate that there is no bad intent here is to remove it." 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