c9daa7e8_s_in_Cloud_Computing_Contracts__Comments
[Issue] Responsibility for end users [Comments] 
Vendor form contracts sometimes require us to "ensure" that any end users comply with the vendor's AUP, terms of service, or similar provisions, or (better, though still problematic) to use "best efforts" or "commercially reasonable" efforts to do so. That may be appropriate with respect to faculty and staff, for whom we can be vicariously liable, but it is preferable to provide simply that we will "inform" our students, for whom we are not vicariously liable and over whom we have little control, of their obligation to do so. An alternative, and better yet, would be to provide that the vendor may require student end users to agree directly with the vendor to comply with any such provisions.
IT: Legal and Quasi-Legal Issues in Cloud Computing Contracts
Comments