The Problems And Legal Regulation Of Cloud Service Format Contract

The emergence of cloud computing on the IT application and deployment model,business model has a great influence and change, followed by cloud computing, a seriesof legal regulation in the field of science and technology innovation. The powerfulfeatures of the cloud computing, information services and applications as a publicfacility available to the public, the computing power as a commodity circulation, so thatpeople can be used as water, electricity, gas and phone use network informationresources. In the process of trading, cloud service providers has become a huge resource,in order to guarantee the normal and efficient running of its services scale, it isimpossible with the user in a way that is one-to-one consultation to conclude thecontract. Format contracts, therefore, be the first choice of the cloud service provider.Format contract to use simple and economic, to meet the high efficiency, lowconsumption, cloud service providers trading demands fast, as well as its only fromtheir own interests, restrict user rights, providing a space to evade responsibility. Formatcontract for cloud services research has important practical significance, and apply thelaw adjust represented by cloud computing information technology transformation ofnew social relations, resolving social contradictions and conflicts of interest, make theinformation society is always in a positive, healthy and orderly development process, itis the objective requirement of the information society of the rule of law construction.From13of the cloud service contract as samples, from a contract formally, cloudservice format contract is most taken to browse, browse the contract has thecharacteristics of efficient, fast, this is the main reason of the cloud service providerschoose to browse the contract. But browse contracts are more likely to infringe upon therights of the user. From contract content, the main cloud service providers in the formatof the contract terms and conditions including10: revision of the terms of the contract,applicable law, jurisdiction and arbitration, represents and warrants that intellectualproperty rights, restrictions on data usage, supplier data privacy and security, usercompensation, the limitation of liability and loss, after the termination of the contract,the influence of the final power of interpretation, etc. This is the main content of the cloud service format contract, and cloud service providers to evade responsibility andtransferring risk mainly.10note terms mainly exist the following problems: the revision of the terms of thecontract and updated main problems involving cloud service providers in advancenotice, unilateral rules without notice or no inform users to revise or update the terms ofthe contract violates the user’s right to know; Statement and guarantee to ensure thatdescriptions of cloud computing service has a clear, which should include the type ofservices provided, the overall goal of service and service for the period of validity of thecontract will be how to change the content such as, many cloud services contractauthorized suppliers are free to add or delete function, for losses due to rely on therepresentation or promise of one party to the corresponding compensation and liabilityprovisions blurred; Between cloud service providers and users of intellectual propertyrights dispute mainly focus on two aspects, one is to strictly limit the user using the datain the database to engage in any activities, the second is the scope of the license grantedor received many cloud service providers require a no-trade clause; About data securityand confidentiality, most of the cloud service provider explicitly in terms of the contract,and the results show that the maintenance of customer data consistency and integrity isthe ultimate responsibility of the users themselves, and service providers said they willalmost all on the basis of court’s effective command to disclose user’s data, the rules indifferent degrees violated rights of the user’s security; Excessive expansion of access touser data, it is bound to user rights infringement; Cloud service contract generallyspecifies the jurisdiction of the courts and the applicable law, some cloud services alsorequires action shall be filed within a specified time limit, and enforce the arbitration;About compensation, cloud computing services in the contract and responsibility for theresolution of dispute among the general will of processing according to provisions of"contract law", and some can’t find the corresponding provisions of domestic law, alsoneed to refer to general international commercial practices and industry practices; Aboutthe disclaimer and limitation of liability mainly is divided into three kinds of situations:ruled out direct losses shall bear the responsibility, eliminate user loss is caused due toforce majeure the responsibility, eliminate the indirect or consequential lossresponsibility, makes the users in a weak position, is bound to cause injustice; After thetermination of the contract is mainly the influence of the after termination of contractual relationship whether customers have access to these data, in addition, the supplier willbe able to ensure that the end of this phase, the customer’s data can be effectivelyremoved. However, service providers after deleting data losses caused to the user’sresponsibility question but did not make clear a regulation; Cloud service providersunilateral general provisions of the services it provides and the clause of exemptionfrom liability or responsibility limited has the final power of interpretation, it is also thecloud service a no-trade clause in the contract.Cloud services of legal regulation of the format contract, need integrated use oflegislative regulation, judicial regulation, administrative regulation and civil supervisionand so on four ways. Specific Suggestions are as follows: whether to contract or browse,click the cloud service provider must fulfill the duty clear reasonable tips. For cloudservice format problems in terms of the contract, shall be investigated for cloud serviceprovider’s liability for breach of contract and tort liability, and strictly control theeffectiveness of the disclaimer, build the network information security law system.Court disagrees to the format of the contract related content, its interpretation should beconsidered specific areas, specific industries and specific details of the parties, andshould follow the rules of interpretation of the following: objective interpretationprinciple, unfavorable interpretation principle, principle of limit interpretation. In cloudcomputing environment, should make full use of network resources, innovating themode of dispute resolution, such as establishing the authority of the online complaints.Format the content of the terms of the contract must be clear before apply auditresponsibility, shall be formulated by the state council as a whole management,authorization economic management departments exercise of format contract andsupervise the work of examination and approval, and clear administrative regulationthrough legislation. The cloud service provider should establish industry association,rely on industry self-discipline, formulate general trading rules of the industry. Networkis the most convenient modern media supervision by public opinion, the most efficientway, therefore, for the body is in the cloud service provider and the users can make fulluse of network media to supervise the cloud service in order to maintain their ownrights and interests.