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Re: Unreasonable remote access terms

jcs1
Follower

Unreasonable remote access terms

Hi,

While dealing with an issue with support on a readynas, I was sent the following:
I hereby authorize support personnel or authorized representatives of NETGEAR, Inc. and its subsidiaries and affiliates (collectively, NETGEAR) to gain remote access of my NETGEAR equipment to help diagnose and repair operational problems. I understand that such support action cannot be guaranteed of its success and may yield partial or total data loss. I also understand that NETGEAR will have access to any and all data, including personal or confidential information that might reside on my NETGEAR equipment. NETGEAR will attempt to keep such information confidential.

By allowing the remote access, I agree to hold NETGEAR and its representatives harmless of any wrongdoing or negligence of any kind. I agree to hold NETGEAR and its subsidiaries and affiliates, and their employees, consultants and representatives, harmless and release them from any liability, wrongdoing or negligence of any kind. In no event will the liability of NETGEAR arising out of its actions to attempt to remotely access, test and/or repair your equipment exceed one US Dollar. Any dispute with respect to the above provisions shall be subject to binding arbitration in Santa Clara, California and the prevailing party shall be awarded its expenses for such action, including attorney fees.

After reading and agreeing to the terms, reply to this email, quoting the policy and stating the following "Yes, I have read and hereby agree to the terms of the NETGEAR Remote Access Policy"


Are you serious?
  • You want to be indemnified against *all wrongdoing*? That's insane. I would be happy to agree to a waiver which specified "accidental damages", as I know life isn't perfect.

  • Your loose "netgear will attempt to keep such information confidential" is contrary to local laws in my jurisdiction (UK). If you hold any personal data, you are subject to data protection laws on how you handle it. If you don't want to be subject to those laws, you could simply agree not to access personal information. "Netgear agrees that its representatives will not access your personal information" would solve this problem.


Imagine if the situation were reversed, and you were giving me a login to the official netgear corporate file store. Would you be happy releasing me from all acts of wrongdoing on your file server?
Message 1 of 5
mdgm-ntgr
NETGEAR Employee Retired

Re: Unreasonable remote access terms

If you're unhappy with the terms, you could e.g. do a factory reset and restore your data from your backup. It depends on your issue whether this is advisable or not.

Only L3 or even more senior techs are authorised to remotely access ReadyNAS units. The policy is there to cover NetGear. Lawyers can get a bit paranoid about these things. As far as I can recall I've never read of NetGear abusing the use of tech support mode.

If NetGear is going to attempt to do something that they expect has a strong risk of data loss they would likely inform you before attempting it to get your approval. Any use of remote access does have its risks.
Message 2 of 5
jean_marc
Aspirant

Re: Unreasonable remote access terms

I've just come across these terms too, and I find them unacceptable. I have posted the following reply on Netgear's customer support survey:

==================================================================================================
The waiver for remote support is unacceptable:
"By allowing the remote access, I agree to hold NETGEAR and its representatives harmless of any wrongdoing or negligence of any kind. I agree to hold NETGEAR and its subsidiaries and affiliates, and their employees, consultants and representatives, harmless and release them from any liability, wrongdoing or negligence of any kind. In no event will the liability of NETGEAR arising out of its actions to attempt to remotely access, test and/or repair your equipment exceed one US Dollar."

Netgear wants to be indemnified against "any wrongdoing or negligence of any kind" by its technical staff.

Ergo: Your staff can engage in wrongdoing and/or be negligent in their work and Netgear cannot be held responsible.
==================================================================================================

Did you accept the terms in the end?
Message 3 of 5
mdgm-ntgr
NETGEAR Employee Retired

Re: Unreasonable remote access terms

If you're not happy with the terms they offer, then restore your data from backup. No one's forcing you to use the service.

I cannot remember any case of a claim made on the forums of NetGear support engaging in "wrongdoing or negligence of any kind" when they use tech support mode. They are professional.
Message 4 of 5
PapaBear1
Guide

Re: Unreasonable remote access terms

I agree that it is the required legalese today. They have better things to do than to browse through a customers files. But, when they remote in, they do have access to the entire unit and all the files. In MHO, this is more to protect them against spurious claims that we unfortunately see in a lot of today's society.
Message 5 of 5
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