Seems to me it's quite public because anyone can access their space by simply creating a free account. You've seemingly equated the letter of the law to the spirit.
edit: What the above poster isn't legally understanding is quasi-public spaces. Ethically, they're simply failing entirely.
While anecdotal, my family, friends, and co-workers have consistently seen them fail due to an unrecoverable software issue within 2-3 years. Extended support means very little when one expects failure within current support. Providing that support is cheap marketing.