Fox News - www.foxnews.com


Contract Title Fox News
Contract Website www.foxnews.com
Contract Application All Fox News Websites & Mobile Apps
Contract Type website with app
Contract Date 10/26/2016
TOS Website foxnews.com/terms-use.html
Total Rating 53.33

Total Page Count 23

Terms: 16 pages; Privacy: 7 pages. WAY TOO LONG. It's a news site; not a nuclear generator company.


The Right to Privacy 1 out of 5

General Notes: Posts always public. If you login via social media, you share your email address and friends list with Fox News. They collect and store social info. Collects IP address, browser type, hardware info, geolocation data on mobile. Cookies, pages visited, search queries. Fox News gathers data about you from third parties. Information shared with analytics companies.

BAD ASPECTS: 'Do not track' signals are ignored. Targeted ads. If you link to social media, Fox shares all your data with that social media company. They share data with company affiliates, but it's not clear with whom because you have to click on a link. They share and/or sell your data to other entities. Far too lax law enforcement disclosure--there are law enforcement issues scattered throughout. Confusing. Further, anyone they feel who violates the TOS can be referred to law enforcement. Later, in the actual TOS, it says they disclose or preserve any and all information, and may give such information at any time to anyone. Not cool. They do not discuss account recovery and cell phone porting in a proper manner.

GOOD ASPECTS: Allows you to suppress any data you wish to suppress. You can also delete your account, but they may retain unspecified information as a backup. They don't explain privacy policy for just reading articles.


The Right to Equal, Fair, & Reasonable Expression 0 out of 5

BAD ASPECTS: Can't post "offensive" material (which is good), but it's not clear who decides what 'offensive material' is, and why. Fox News also reserves the right to restrict or remove user content at any time, for any reason, without any notice to the use. In other words, there is no right to equal, fair, and reasonable expression.

GOOD ASPECTS: None.


The Right to Control My Intellectual Property 1 out of 5

BAD ASPECTS: "You have no expectation of privacy" in or confidentiality with respect to your user content. They can modify anything you post and still attribute it to your name. The license you give them allows them to create derivative works and also sublicense your IP to third parties. Termination of account does not result in immediate or automatic deletion of user data. And are you ready? Unsolicited submissions become wholly owner (including copyright) by Fox and you get ZERO compensation. FoxNews: you should be ashamed of yourself.

GOOD ASPECTS: None


The Right to Sue 2 out of 5

New York law.

BAD ASPECTS: All causes of action are barred after one year, so you are forced to give up your statutes of limitation created by law. Your potential damages are severely limited. Can't seek injunctive or equitable relief.

GOOD ASPECTS: You can still sue in small claims, and in federal court for copyright issues.


The Right to Low-Cost Arbitration 1 out of 5

BAD ASPECTS: Cannot disclose to others if there is arbitration. Excuse me? Must comply with JAMS rules if claim is greater than $10,000. Covered, however, by FAA. The entire clause(s) about arbitration are hidden at the end with a brief notice up front. Damages are severely limited, yet it also says arbitrator can make any award--confusing. Cannot seek injunction or equitable relief, yet on p 13, it seems to contradict that statement. Confusing.

GOOD ASPECTS: Fox will pay your filing fees for arbitration


The Right to Join a Class Action 0 out of 5

Totally waived.


The Right to No Hidden Terms or Fees 3 out of 5

BAD ASPECTS: A TOS violation forfeits your subscription fee. No refunds. Must pay $50 for each unsolicited message that you send. It's LONG! 16 pages!

GOOD ASPECTS: You may not post an image of someone without that person's consent, but this seems pretty important, and it's hidden.


The Right to Fair Process & To Be Heard 0 out of 5

BAD ASPECTS: Company may terminate your account or access at any time, for any reason, or no reason, with or without prior notice or explanation, with no liability. Wow, that's all? They can remove any content for any reason. Mere allegation that something you posted violates copyright may result in its removal without due process. And no obligation to get involved with any member disputes. Due process is deficient, no warning process, no opportunity to correct yourself, no defense period.

GOOD ASPECTS: None.


The Right to Appeal & The Right to Return 0 out of 5

BAD ASPECTS: All your rights terminate upon your death, which is not cool--they should remain with your estate, as is possible. The appeal process is missing. There is no second chance/right to return policy.

GOOD ASPECTS: None.


The Right to Reasonable Terms 0 out of 5

BAD ASPECTS: Too many disclaimers. Like CNN, they have no obligation to report the news accurately, which is absurd, given that the entire company is a news organization. Truly perplexing and outrageous. You agree to indemnify the company for any 3rd party damage even if your account is hacked. Won't take unsolicited submissions, but if you do submit something, you immediately transfer copyright to Fox News with no compensation or credit. That is jaw dropping.

GOOD ASPECTS: They don't store your credit card info. That's good. But this should be in privacy policy, not in the terms of service.


Historical Fairness 5.33 out of 10
Historical User Ratings 10.0 out of 10
Historical Lack of Lawsuits or Arbitrations 10.0 out of 10
Public Placement of TOS Fairness Score & Link 20.0 out of 20
Total Rating 53.33 out of 100
Additional Note

Email addresses: deleteaccount@foxnews.com, ldepartment@foxnews.com It's disappointing that no other email addresses are listed, i.e. customer support, etc.

Ways to improve

1. Shorten the terms and privacy policy.
2. Add contact info up front.
3. The privacy policy doesn't appear to have a date associated with it. Add that. Better yet, combine the terms and privacy policies into one document so it's easier to find everything.
4. Take responsibility for reporting accurate news. I criticized CNN for the same thing, so this is not a partisan attack, but come on: if you aren't willing to state that the news your report on is accurate, fact-checked, and verified, why should anyone believe you? We are living in the fake news era, and this TOS is not helping the situation. Fix it. Stand by your journalistic integrity.
5. Let people sue you OR arbitrate, their choice. Add a negotiation period that must be completed prior to commencing lawsuits or arbitration.
6. Create a clearer set of rules for what exactly is a TOS violation. You can't just kick people off randomly. And add an appeals process.
7. Let us join a class action against you if we want. If you treat people well, then what are you afraid of?
8. Let people initiate claims against you in their home towns.
9. How dare you take copyright ownership of unsolicited submissions! Even worse? You hide that jaw dropping rule on page 14! I don't think I have read anything so unfair on any contract I have ever read in my life.
10. Add your TOS rating and link to your TOS page as outlined in our guidelines. You currently are being given all 20 points.

Review Status Completed

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