Information Technology Reference
In-Depth Information
contract law to condition a termination right on a breach of a material term by the
non-terminating party, where termination is preceded by notice and an opportunity to
cure the breach. Here the cloud providers have broad discretion to terminate and
suspend a user from the service. Apple iCloud can terminate if the user “threatens
Apple's ability to provide the service.” The remaining providers can terminate if a
user is not complying with the TOS, though DropBox can terminate “at any time,
with or without cause.” In addition, Apple iCloud can terminate if the user does not
keep their account information accurate (how Apple would know this is unclear).
Table 3.
Content and conduct restrictions in cloud computing TOS
TOS
Provision
Amazon
Cloud Drive
iCloud
OpenDrive
Dropbox
Content/
Conduct
Restriction
Provisions
in Cloud
Computing
“You agree that you will
NOT use the Service to:
a. upload, download, post,
email, transmit, store or
otherwise make available any
Content that is unlawful,
harassing, threatening,
harmful, tortious, defamatory,
libelous,
abusive
, violent,
obscene,
vulgar
, invasive of
another's privacy,
hatefu
l,
racially
“You agree to abide
by all applicable local,
state, national and
foreign laws, treatises
and regulations in
connection with the
Service… you agree
not to use the Service
to:… (b) harvest,
collect, gather or
assemble information
or data regarding
other users, including
e-mail addresses,
without their consent;
(c) transmit through or
post on the Service
unlawful,
“Files and
other
content in
the
Services
may
“You may
only share
Your Files in
which
you
have
all
be
necessary
copyright and
other rights…
You
protected
by
intellectual
property
rights
are
solely
responsible
for how you
share Your
Files and who
may access
Your Files
that you
share. You
may not share
files (a) that
contain
defamatory,
threatening,
abusive
,
pornographic,
or
otherwise
objectionable
material, (b)
that advocate
bigotry
,
hatred
,
of
or
ethnically
others.
Please do
not copy,
upload,
download,
or share
files unless
you have
the right to
do so. You,
not
Dropbox,
will
offensive,
or
otherwise
objectionable
…
d.
pretend to be anyone, or
any entity, you are not
—
you may not impersonate or
misrepresent yourself as
another person (including
celebrities), entity, another
iCloud user, an Apple
employee, or a civic or
government leader, or
otherwise misrepresent your
affiliation with a person or
entity… e. engage in any
copyright infringement or
other intellectual property
infringement (including
uploading any content to
which you do not have the
right to upload), or disclose
any trade secret or
confidential information in
violation of a confidentiality,
employment, or nondisclosure
agreement… i. interfere with
or disrupt the Service
(including accessing the
Service through any
automated means, like scripts
or web crawlers), or any
servers or networks connected
to the Service, or any policies,
requirements or regulations of
networks connected to the
Service (including any
unauthorized access to, use or
monitoring of data or traffic
thereon)...”
harassing
,
libelous,
abusive
,
harassing,
tortious,
defamatory,
threatening, harmful,
libelous, invasive of
another's privacy,
vulgar
, obscene or
otherwise
objectionable
material o
f any kind
or nature or which is
harmful to minors in
any way; (d) transmit
any material that may
infringe the
intellectual property
rights or other rights
of third parties,
including trademark,
copyright or right of
publicity; …
or (h) harass or
interfere with
another user's
use
and
enjoyment of the
Service
.”
be
fully
responsible
and liable
for what
you copy,
share,
upload,
download
or
otherwise
use while
using the
Services…
You must
not upload
spyware or
any other
malicious
software to
the
Service.”
or
illegal
discrimination
, or (c) if
sharing those
files violates
any law, any
intellectual
property…
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