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Posted: February 13th, 2022
Improving the understanding of Service Level Agreements and Terms of Service among teenage users
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Contents
Introduction
Interaction with the Internet is ubiquitous. Almost everyone in this country may find himself or herself interacting with it in some shape or form on a daily basis. Use of almost every Internet service requires some form of contract between user and provider to be agreed upon, which outlines the extent and limitations of the service. Young people, between the age of 13 and 18 and also incredible internet savvy and avid consumers of all kinds of internet based content, not least interacting with social media platforms such as Youtube, Instagram, Facebook and Snapchat. This paper aims to look at, to what extent younger users may understand what they agreeing to in user agreements and if the level of understanding may be increased.
Background
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Service Level Agreements
A Service Level Agreement (SLA) is an agreement between two or more parties, the service provider, or providers and client, or clients, using their services. For example the parities may be a provider of Internet services and a telephone company. The SLA acts as an official commitment between provider and client, defining particular aspects of the service such as quality, availability and the responsibilities of the parties involved (Kearney and Torelli, 2011). Perhaps one of the key aspects of an SLA is that the client should received services agreed upon in the contract with the provider.
SLAs can be a legally binding formal contract but may also take the form of an informal contract. Rewards and penalties for non-adherence are often specified with many SLAs leaving room for regular or periodic re-visitation to ensure both parties can communicate and the agreed level of service is consistently met (Shacklett, 2011).
Typical components of a SLA would include the following (Verma for IBM, 2004):
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A client contracts the services of a provider in order to utilises their services and as such requires that the level of service, if met, will translate into a positive experience for the end user. Ultimately if the service does not meet its requirements it will be the end user that will be affected. With this in mind the client should keep the requirements of the end users of primary concern when negotiating SLAs. The requirements of the end user may vary based on parameters such as the application(s) in use, the geographical distance between users and cloud infrastructures, the requirements of the users in terms of system performance and how well various system components interact with each other.
Terms of Service Agreements
When a client engages the services of a provider parties involved enter into an agreement relating to the level of service provided and expected, often contractually binding but also often with room for negotiation and dialogue. Similarly when said client may pass on it’s services to end users, for example web site content or a social media platform, there are also generally Terms of Service associated with its use.
Terms of Service (ToS), also commonly referred to as Terms of Use (ToU), are present on many, if not the all, E-commerce and Social Networking sites. This paper is concerned mainly with websites that provide a service or platform to host user generated content, namely Social Networking websites and platforms. These kinds of platforms invariably require the user to register to use the service, it is at this point that the user is prompted you read the ToS. The user must confirm they have read the terms and agree to the conditions in order to proceed with registration.
Terms of Service provide the foundations of how the service and user interact, defining how the company will manage its users, as well as aiming offer a disambiguation or definition of key words and phrases. They also generally contain sections that pertain to the users rights and responsibilities, legal disclaimers or limitation of the sites liability for damages incurred by the user. In the area of user rights and responsibilities the ToS may address or define such topics as expected usage or misuse, accountability of actions and conduct online, the services policy on privacy, opt-out policy and dispute resolution procedures.
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Although ToS outline the rights and responsibilities of both parties and establish an agreement both parties are bound to they do not offer room for dialogue or discussion in a way that an SLA might, with the user having to agree to all terms or not use the service. Indeed at the time of writing Facebook, Instagram and YouTube all reserve the right to modify their ToS when they see fit or as a result of changes in legislation, placing the responsibility with the user to regularly check for any changes. This removes the responsibility to inform the user of any changes in the terms that may affect them directly.
Transparency
Terms of Service must be agreed upon by the users in order to use a given service they also have many similarities with Terms and Conditions that customers must agree to when purchasing a product or service online. Research carried out by Skandia and reported in the Guardian (2011) suggests that less than 7% of Britons actually read all the terms when buying product or service online and that one fifth have suffered as a result of not doing so. Almost half stated that they are boring and too difficult to read, a significant proportion of said they would prefer to read the phone book than typical a Terms and Conditions documents. However not reading appears to come at a cost with one in ten reporting to have been locked into a longer contact than expected and one in twenty losing money or unable to cancel or amend a service.
A report by the European Commission (2016) also notes that people tend to blindly accept terms and conditions (T&C), or ToS, as they have no room to negotiate them if they want to use the service. If they want better terms they must look for another provider who will likely offer similar terms. The terms may also be presented at the very final stage of a process meaning users have already invested time and do not wish to cease at this point. Companies make their terms long and detailed to protect their legal right and limit liability, crafting them to reflect actual case law where vague terms have been challenged successfully in court. However the report also suggests the length and complexity may be a strategy make reading an unattractive prospect and to hide unfavourable terms from the user, terms that if apparent may dissuade users from engaging in the service. Loos & Luzak (2015) point to findings from consumer lawyers who have identified several contractual terms from service providers such as Facebook, Google and Twitter which would likely fall foul of the unfairness test outlined in EU directive 39/13/EEC which states that terms significantly balanced against good faith do not legally bind consumers. Indeed the UK’s own Consumer Rights act 2015 states that consumers have a legal right to expect fair and transparent terms and conditions.
Plaut & Bartlett (2012) note that consumers perceive the cost of reading T&Cs or ToS as high and the benefits low, suggesting that reducing the cost to the consumer could increase readership, for example by shortening agreement and using simpler language. The EU Commission (2016) built on this for their study and found that 26.5% of people read the entirety of short simple terms documents, compare to 10.5% who read the entire conventional long versions. Although still a relatively low percentage it is a significant increase. Perhaps more interestingly they also found that users presented with a shorter and simplified document of terms trusted the content more and felt that the content was complete and that nothing overly significant was absent. The addition of a ‘reading cost cue’, for example a statement saying ‘these terms with take just 3 minutes to read’ also increased the likelihood the consumer would read the terms.
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Young People Online
Use of web based services and consumption of online content is widespread among young people and children with 37% of 3-4s, 54% of 5-7s, 73% of 8- 11s and 87% of 12-15s using the YouTube website or app (OfCom, 2016). Younger users tend to view more traditional TV like content with tastes becoming more varied as they get older. YouTube does not explicitly state and minimum user age but its terms of service say:
“2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with YouTube, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.”
Teenagers and children do not just use YouTube, more than half of 12-15 year old are registered on the sites Facebook, Snapchat and/or Instagram (OfCom, 2016). All of these individuals would have agreed to terms of service upon registration but as we can see from the research with adult users, it is highly unlikely they will have read the terms completely. This could have even grater negative implications than with adults as younger users may not fully appreciate what kind of information the agreements may contain or what rights they may be waiving. The may also not understand what data is collected about them, where this may be used by third parties, how long any data relating to them may be kept for, who owns the content they may upload and how it may be monetised.
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The National Society for the Prevention of Cruelty to Children (NSPCC) feels that social media sites are not protecting its juvenile users and urges the Government to ensure they follow a universal rules to protect children online. The NSPCC is calling for an independently enforced set of rules that would compel social media companies to:
Most pertinent here are ‘Safe Accounts’ with the NSPCC (June, 2017) calling social media platforms to be legally obliged to build extra protection into accounts of under-18s. These would include; “Clear and child-friendly rules and reporting buttons. They should be easy to find and easy to read”.
Analysis
Readability
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Several sources cite the length and complexity of user agreement and Terms of Service as the reasons for users not reading what they are agreeing to (EU, 2016; Guadian, 2011). If adults find them too complex, too long and reading of low perceived benefit compared to the apparent cost, it is safe to assume that this trend would increase greatly with lower age groups.
To examine just how complex typical agreements are one can examine the readability of agreements that are often presented to users under the age of 18. Insatgram, Facebook, Snapchat and YouTube have been highlighted by both Ofcom and the NSPCC (2016 and 2017 respectively) as some of the most widely used social media platforms among teens and younger users and therefor in great need of clear, readable and transparent user agreements.
Four of the most popular social media platforms among young people
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The Oxford Dictionary (2017) defines readability as, “The quality of being legible or decipherable”, or “The quality of being easy or enjoyable to read”. Readability is more that simple legibility, the more readable a text, the less effort is required and reading speed may increase. High readability is especially important to those who may not have high reading comprehension, the difference between mediocre and good readability could make the difference between success and failure in meeting the texts communications goals. There are various factors that contribute to readability such as the content, syntax and complexity of vocabulary, presentation as well as things like typeface, font size and white space.
This paper focuses on content for measuring readability. There are several tools online tools that measure readability of texts, this study used Readable.io, a paid for service, to analyse the readability to the ToS documents. Once presented with text Readable.io will analyse its content against a number of different measures. It advertises itself as being particularly useful to Teachers, Marketer, Lawyers, Accountants, Doctors, Copywriters and Authors. This particular service was selected as its measures readability against five different measures. By looking at the results of different measures we can get a better understanding of the actually difficulty than by just observing one measure.
Flesch-Kincaid Grade Level
In 1948, Rudolf Flesch developed the Reading Ease formula, a score to inform roughly what level of education someone would need to read a given text easily. Born out of education research it was design to aid in the selection texts by teachers that would be of an appropriate level for their students. In later years Flesch also worked with the Associated Press as a consultant aiming to improve the readability of newspapers (Davies, 2006). The Reading Ease Formula generates a score between 1 and 100, although lower and higher scores are possible. The score is then converted into a grade level ability.
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Accessed 11 Sept 2017
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