DRAFT UPDATE to GitHub Terms of Service
This is a Draft Update to the GitHub Terms of Service. These changes will not be effective until July 21, 2017.

This is a Draft Update to the GitHub Terms of Service. These changes will not be effective until July 21, 2017.
Better "short version" explanation
Better “short version” explanation in the new Private Repos section.
github · bluemazzoo · bluemazzoo · Jun 10, 2017 · bluemazzoo · Jun 10, 2017
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
 
-### E. Copyright Infringement and DMCA Policy
+#### 1. Control of Private Repositories.
+Paid accounts may have private repositories, which allow the User to control access to Content.
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
+#### 3. Access.
+GitHub employees may only access the content of your private repositories in the following situations:
+- With your consent and knowledge, for support reasons. If GitHub accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge.
+- When access is required for security reasons.
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
-#### 5. Complete Agreement
-These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms.
+#### 5. Amendments; Complete Agreement
+
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
 
-If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to access your Content through the GitHub Service, and to use, display and perform your Content, and to reproduce your Content solely on GitHub as permitted through GitHub's functionality. You may grant further rights if you [adopt a license](/articles/adding-a-license-to-a-repository/#including-an-open-source-license-in-your-repository).
+If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to use, display, and perform Your Content through the GitHub Service and to reproduce Your Content solely on GitHub as permitted through GitHub's functionality (for example, through forking). You may grant further rights if you [adopt a license](/articles/adding-a-license-to-a-repository/#including-an-open-source-license-in-your-repository). If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other GitHub Users.
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
+#### 1. Control of Private Repositories.
+Paid accounts may have private repositories, which allow the User to control access to Content.
+#### 2. Confidentiality of Private Repositories.
+GitHub considers the contents of private repositories, and only the contents of private repositories, to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
+
+You may also grant a third-party application authorization to use, access, and disclose the contents of your private repositories. Your use of third-party applications is at your sole risk; GitHub is not liable for disclosures to third parties that you authorize to access a private repository.
+#### 4. Exclusions.
+If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be [compelled by law](/articles/github-privacy-statement/#how-we-respond-to-compelled-disclosure) to disclose the contents of your private repositories.
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
@@ -177,7 +191,7 @@ If you’d like to use GitHub’s trademarks, you must follow all of our tradema
 #### 3. License to GitHub Policies
 This Agreement is licensed under the [Creative Commons Attribution license](https://creativecommons.org/licenses/by/4.0/). You may use it freely under the terms of the Creative Commons license.
 
-### G. API Terms
+### H. API Terms
 **Short version:** *You agree to these Terms of Service, plus this Section G, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub.*
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
+GitHub considers the contents of private repositories, and only the contents of private repositories, to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
+#### 3. Access.
+GitHub employees may only access the content of your private repositories in the following situations:
+- With your consent and knowledge, for support reasons. If GitHub accesses a private repository for support reasons, we will only do so with the owner’s consent and knowledge.
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
-These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms.
+#### 5. Amendments; Complete Agreement
+
+This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version in accordance with [Section R. Changes to These Terms](/articles/github-terms-of-service/#r-changes-to-these-terms). These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
 
 #### 6. Contributions Under Repository License
-Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supercede.
+Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede.
diff --git a/Policies/github-terms-of-service.md b/Policies/github-terms-of-service.md
 4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government accounts (See [Section B(4): Additional Terms](#4-additional-terms)).
 5. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
-6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories.
+6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories.