c9daa7e8_s_in_Cloud_Computing_Contracts__Comments
[Issue] Indemnification by customer [Comments] 
Some vendor form contracts require us to indemnify the vendor not only for our own actions (which is not necessarily unreasonable), but also those of our end users, including students for whom we are not otherwise vicariously liable. With respect to liability for student e-mail, online postings, and the like, this is largely an issue of who will pay the vendor's attorney fees, as the vendor has good legal defenses against claims based on end user content or actions. Moreover, this is not really taking on a new liability, as we currently can be sued for such content or actions (and have the same legal defenses) as ISPs ourselves. Nevertheless, it is preferable not to voluntarily accept that liability, which is also no different that the vendor's liability for any other, noninstitutional end users. Public institutions may also have significant state-law restrictions on their ability to indemnify.
IT: Legal and Quasi-Legal Issues in Cloud Computing Contracts
Comments