This alert affects Businesses, Schools, Churches, or any organization that has a Microsoft Exchange Server 2007.
There is a web based program that you can use to log in to your e-mail online known as Microsoft Office Outlook Web Access as seen here. I’m not going to share the name of the college because that would be politically incorrect since I go to school there. The problem is that in order to get this software you have to purchase Microsoft Exchange Server 2007 and agree to all it’s terms and conditions which are extended to anyone else who may use this software. Did you see a mention of agreeing to this agreement anywhere on this login page? I didn’t think so. I decided to send a message to the college in hopes they would understand why they could not possibly comply with Micro$oft’s demands in the agreement.
“When I used the old college e-mail I had all messages forwarded to email@example.com so that my mail could filter out all the unwanted junk I kept getting from your server. Here I don’t see that option.
I am also scared of running Outlook Web Access in my web browser because Microsoft Outlook has so many viruses that it supports. Do I have to use Thunderbird to get all my **** e-mail and tell Thunderbird to forward it all to firstname.lastname@example.org? That would slow things down a bit but I would be willing to do it.
Also I don’t understand why I’m being warned about security? “Warning: By selecting this option you acknowledge that the computer complies with your organization’s security policy.” What is your security policy? Also by using Microsoft Office Outlook Web Access what EULA am I agreeing to? I believe I found it here I also attached a copy of it.
After reading the agreement I have come to the conclusion that both myself and the college are in breach of the M$ EULA for Micro$oft Enterprise Server 2007.
Under section 1 a. it says that this license is extended to all devices that can be used with the server software. That includes all students that use webmail.
According to section 3. C. “you can only run the software on the server other than Exchange Management Tools” which is not Microsoft Office Outlook Web Access. This means that you need multiple licenses so that every student can run this application unless I’m mistaken. Also you need a license for each backup partition or hard drive that you use to back up your server.
Section 4. a. i. says that you need a CAL Client Access License to run any server software on another computer. Do you have enough CALs for all the students? Also further down under iii it says that not only each user needs a CAL but also each computer that is used by a student. I don’t think you could possibly afford this. Section v. further down says “In addition to needing an Exchange Server 2007 Standard CAL, you need an Exchange Server 2007 Enterprise CAL for each user or device that directly or indirectly accesses the Exchange Server 2007 Unified Messaging and Compliance Functionality.” Sounds like you need to increase tuition unless I’m incorrect about what this license means.
Also according to this I’m using this software illegally every time I log in unless you bought all those CALs. Did you?
Under 4. C it says “No Separation of Software. You may not use the server software in more than one operating system environment under a single license, unless expressly permitted. This applies even if the operating system environments are on the same physical hardware system.” Does this mean I can’t use Linux, Mac, XP, Vista, 98, ME, 95, 2000, or NT? I must buy a copy of Enterprise Server 2007 and use that to access my webmail.
“5. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or
cancel them at any time.” Uh oh this means my access to the web could be cut off at any time? Yikes!
“9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the
software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
Rights to access the server software do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access the server.” So first of all you don’t actually own the software as a college. If you have any technical problems or limitations it’s illegal to work around them you must put up with them no matter what. So if I get an error in the page when I use the software and find a way around it thats illegal! Yikes.
“17. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.” Updates with or without you permission as mentioned here http://ct.zdnet.com/clicks?t=40521286-6cdd7e12a5347765f9aa086bbb49523c-bf&s=5&fs=0
“20. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS
SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
” So if all your data is lost and this causes you financial loss greater than the cost of buying the software Microsoft will refuse to refund you.
A Concerned Linux User,
If you use Hotmail, MSN, Windows Live Mail, or Outlook you are putting your information at risk. Ask me how to switch to a free account without security risks today. www.mindblowingidea.com email@example.com
Note this statement below was automatically added to my e-mail without my permission. I sent a CC to myself. This is what I got:
Electronic Privacy Notice. This e-mail, and any attachments, contains information that is, or may be, covered by electronic communications privacy laws, and is also confidential and proprietary in nature. If you are not the intended recipient, please be advised that you are legally prohibited from retaining, using, copying, distributing, or otherwise disclosing this information in any manner. Instead, please reply to the sender that you have received this communication in error, and then immediately delete it. Thank you in advance for your cooperation.”
I never asked for my e-mail to be proprietary. How would this message fall into the hands of someone who was not intended to receive it? Is there a security hole I’m not aware of?
Also I got the following messages when I looked at the page source:
“Your Web browser is configured not to run script or doesn’t support script in Web pages. Check your browser settings, or use a browser that can run script.”
“To help protect your mailbox from unauthorized access, close all browser windows when you finish using Outlook Web Access.”
“This page uses frames, but your browser doesn’t support them.” LIES!
“To protect your account from unauthorized access, Outlook Web Access automatically closes its connection to your mailbox after a period of inactivity. If your session ends, refresh your browser, and then log on again.”
“Microsoft Office Outlook Web Access provided by Microsoft Exchange Server 2003”
“Microsoft Office Outlook Web Access provided by Microsoft Exchange Server 2003” I got the point the first time.