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On The Development Of The Creativity Of Postgraduates

Posted on:2013-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:F Y ZhuFull Text:PDF
GTID:2256330401451314Subject:Law
Abstract/Summary:PDF Full Text Request
Service contract is to provide cloud computing cloud computing serviceproviders and service users clearly the rights and obligations of both sides signed theagreement. In essence, cloud computing services contract is a service contract, isdifferent, cloud computing services provided by the service provider are not visible,tangible services, but rather in an on-demand access, extend network resources at anytime. Therefore, cloud computing services levels of service contracts-contracts with anumber of different features, such as high standardization and cloud computingservice providers have provided power to decide what services, what kind of serviceagreement. In the implementation of cloud computing services, users are mostconcerned about is the issue of data protection and data security, legal issues arisingtherefrom, when a dispute occurs and who is to bear the liability for damages andliability, which must be used by the cloud computing service providers and serviceusers to cloud computing services contract to clarify the rights and obligations of bothparties.User data is placed in the cloud for service at the same time, also face great risks.As service providers to the user’s data, analysis, use, and disclosure of information,data loss and leakage, data access data delete incomplete, others, risk of malicious use,operation and use of the service, these risks can lead to data confidentiality, integrityand availability were badly damaged. Cloud service providers usually set certainprovisions in order to achieve the objective of avoiding liability, or transferring therisk. Therefore, the significant risks of cloud computing not only be solved bytechnical means, users needed more sovereignty over data protection measuresdetailed overview of cloud computing contract terms.Paper selected30representative cloud computing service contract as a sample,and as a basis for quantitative analysis, mainly related to several key provisions of thecloud computing services, the terms of the contract, such as: a revision of the terms ofthe contract, the applicable law and Jurisdiction presentations and warranties, theagreement on intellectual property rights, restrictions on the use of the serviceprovider of the user data, the confidentiality and security of the data, thecompensation agreed upon Disclaimer and Limitation of Liability, termination of thecontract of the impact; and the9key terms as the basis to draw cloud services contract in the presence of5: free to change the terms of the contract and service losses, loss ofuser privacy and data security, intellectual property issues, Disclaimer and Limitationof Liability, after the termination of the contract risks control.5according proposeappropriate solutions to this problem. Be fully consulted before the signing of thecontract is very necessary, if you can pay attention to and clear the9key provisions ofthe contract as well as five major problem must be able to reduce disputes in thefulfillment process. If the user based on the terms of the service contract signed cannot protect their interests, then the user can also be based on the liability for breach,tort liability, contract law for the format of the terms of a special regulation toadvocate the protection of his interests. The article focuses cloud computing serviceperformance of the contract process and its countermeasures to solve the problem, inorder for the user to select the right cloud computing service providers, providevaluable reference for low-risk service.
Keywords/Search Tags:Service contract, data security, intellectual property
PDF Full Text Request
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