Changes to Ning Terms of Service

[Eric Suesz]

We have updated our TOS and I wanted to include that information here for Creators. This is from the Ning Blog. - E

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Today, I want to let you know about some changes we’ve made to our Terms of Service and supporting terms to reflect the launch of our new service. A number of these changes have been long requested by Network Creators who desire more control over their members’ online experience. These changes are designed to deliver more freedom and control to Network Creators and to enhance the experience of all users of the Ning platform.

Highlights of the major changes include:

• It’s your network: A central premise from the very beginning of our company has been that Ning is an online service provider and that these are your networks. You have the freedom to create and control the content and members on your networks. We have revised our terms to further reflect this central premise and to clarify that it is the Network Creator’s responsibility to manage their networks and members. In keeping with this concept, the Terms of Service and Privacy Policy will no longer persist in the footer of your network. Rather, each network will now have a general set of terms. Soon, Network Creators will be able to customize it to suit their network’s particular design and focus.

• It’s your data: Along these same lines, we have further clarified that Network Creators have control over and access to all data associated with their networks, including registration information, profile data, answers to network profile questions, all content and other information contributed by members, and statistical information and analytics relating to usage and interactions within the network.

• Help is at your fingertips: We have created a Safety and Policy Resource Center for Network Creators to help you avoid safety or security issues with your members or address any issues that might arise. For all other questions or issues, you can continue to find helpful articles and resources in our Help Center.

• No more nudity: We will no longer permit nudity of any kind on the Ning platform. A little over a year and a half ago, we prohibited the upload of adult content and pornography to the Ning platform. At the time, we said that nudity that wasn’t adult in nature would still be allowed. Unfortunately, many of the issues that caused us to stop supporting adult content in the first place are still arising on networks that post content with nudity. We believe that the implementation of this policy will further reduce abuse on the Ning platform and will create a clean, well-lit environment for Network Creators as well as the advertisers and partners you choose to work with. Network Creators and members will have thirty days (until August 20th) to remove any nudity they may have uploaded to the Ning Platform prior to today or to transition their networks off of the platform.

You can find all of our terms and policies here.

Thanks for using the Ning platform to create your networks, and please let us know if you have any questions via the Help Center!

[Thomas Hoey]

One has to wonder where and when some of these decisions are made?? Around a conference table or over a beer or a few? Pretty sure not everybody on the staff agrees with this decision.

[solo]

thank you jenny

[Andrew Rutledge]

Well congradulations to Ning for now all you have just expernced what it feels like to have your constitunal rights taken away. And if you all want the truth of it all Ning as support porn site on there platform as long as they where paying for there site.

[Thomas Hoey]

Well, not actually Constitutional. But the Supreme Court of the United States has already decided and decreed that nudity is NOT porn. This decree is not necessary in most of the Christian based world where it never was considered, porn. Of course, Ning has the right to decide what will or will not be permitted on their servers.

[John]

All any of my competitors will have to do now is join one of my networks, put a nude photo forum (remember forums for some reason are unprotected) and presto, then you squeal to Ning to come get rid of that network.

I delete three or four nude photos from my networks every day but it is only through the watchfulness of my members that I can detect them as I can't be everywhere. How does big brother propose we control profile posts, etc....

[Thomas Hoey]

Very good question and a great point.

[Brother Richard]

I am one of the accounts that would now be at the $50 a month level, so I really need a very concise definition of "nudity." And I would like it spelled out clearly in the Terms of Service. If this is not provided, there will be many headaches across the Ning networks.

Here are some examples. Many may sound silly, but technically they would be in violation:

1. If someone is uploading pictures from a museum, and they were standing next to a nude sculpture (i.e. Michaelangelo's David), is this a violation? What if they were walking the streets of Washington DC?

2. What about many of the Renaissance paintings (Venus and Adonis)? Or photos of the Sistine Chapel?

3. If 1 and 2 are acceptable, what about modern sculptures, paintings, photographs? If not, don't walk into the modern sections of any museums.

4. If 3 is okay, what about nude art that is controversial? There have been things in Atlanta's HIGH Museum that I found distasteful, but I would not dare force them to remove it.

5. What if someone takes a picture of their baby in the bathtub or running naked on the beach? What about photos from one of the thousands of topless beaches from around the world?

Bottom line: If what we are saying is, "no nudity allowed which is deemed "sexually enticing," it would be a little more clear. Yet, we must clarify even further. The eye of the beholder and all that.

Saying underwear and bikinis doesn't make it clearer. There are many bikini and lingerie photos that are much more provocative then nude ones. Just look at what is allowed on city billboards and in magazines like GQ, Vanity Fair (they had nude models last issue), and Maxim. If these publications had Ning networks would they not be able to run the Calvin Klein ads?

Finally, if a photo is found to be in violation, will it be brought to our attention? Will we be given time to remove it? Or, will it be deleted by Ning? I don't want to approve every photo posted from my 18,000+ members before they upload them. Facebook and MySpace don't preview.

Thanks for letting me ramble. I'm anxious to get some feedback.

Richard

[Brother Richard]

Sorry to beat an almost dead horse, but a moderator of mine has just pointed out that we have members from almost every country of the world. Standards of decency and definitions of nudity vary tremendously between them.

[Writer Chick {Diane}]

Richard,

I cannot remember the last time I got sexually excited looking at the statue of David or at a Renaissance painting! LOL I've been to the Louvre and stood right in front of it David and seen paintings close up. They just did NOT do it for me! LOL

Common sense again...

I don't think anyone is going to say that Ning is going to shut down sites that have paintings or photos of classical art pieces or paintings by the masters that have been around for centuries just because they're nudes. I'm sorry, but you guys are just being nit picky and silly!!

What they're aiming at are pictures of "Joe Sixpack" from down the street who is proudly displaying his junk for the whole world to see! LOL Same with a girl!

Jeez....

[Brother Richard]

@Donna Rogers: I understand, but they still need to spell it out. We are entering into a contract with Ning. It needs to be clear and in writing. A smile and a handshake is not enough (which we can't even do online :P). It is naive to think otherwise.

It was me, not Ning, to bring up the issue of pictures being "sexually enticing." This is not what "all nudity" means. As silly as the Renaissance paintings and statues may have been, there are societies in our world (some of which are on Ning) which would consider these to be enticing. To some seeing any part of a woman is enticing.

I am not trying to be a pain in the rear, I just would really like some clarification. Heck, I doubt any of the thousands of photos on my site are in violation of the new rules. In 1964, Justice Potter Stewart said of indecency, "I know it when I see it." Based on this, we would all have different definitions.

[Writer Chick {Diane}]

Oh yeah...I like that last sentence. I know it when I see it. I was trying to remember earlier the Justice's name who said it without going and looking it up.

Thanks. I'm not trying to be difficult either, and I understand you wanting things to be spelled out, but some people on here are just getting plain snarky today. I guess change upsets some people more than others.

[Thomas Hoey]

Donna what is your common sense makes no sense to others. Many people (mostly younger folks) get aroused looking at David and Renaissance paintings of nubile females. Sorry, but deal with it.