It is unclear if Windows 10 itself falls under this service agreement or not. Windows 10 is more a cloud service where your files can be copied to the Microsoft servers and the operation system gathers a lot of information about the content on the computer.
This move by Microsoft is likely motivated by the US Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex-Trafficking Act (SESTA), which congress passed recently. These new laws would hold platforms responsible for users’ speech, illegally shared content, and anything that might be construed as trafficking.
Here are the important parts of Microsoft's new service agreement:
- i. Don’t do anything illegal.
- ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
- iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
- iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
- v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
- vi. Don’t circumvent any restrictions on access to or availability of the Services.
- vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
- viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
- ix. Don’t engage in activity that violates the privacy of others.
- x. Don’t help others break these rules.
b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
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