CLOUD COMPUTING SYNOPSIS AND RECOMMENDATIONS
3-2
Remedies for Failure to Perform. If a provider fails to give the promised availability, a provider
should compensate consumers in good faith with a service credit for future use of cloud services.
Service credits can be computed in different ways, but are usually determined by how long the service
was unavailable within a specific billing period. Service credits are generally capped not to exceed a
percentage of a consumer’s costs in the billing period in which downtime occurred. Typical caps
range from 10% to 100% of a consumer’s current costs, depending on the provider. Responsibility
for obtaining a service credit is generally placed on the consumer, who must provide timely
information about the nature of the outage and the time length of the outage. It is unclear whether a
provider will voluntarily inform a consumer of a service disruption. None of the providers recently
surveyed (in their standard service agreements) offer a refund or any other remedy for failure to
perform; however, all providers should understand that a poor reputation to perform offers few long-
term business benefits.
Data Preservation. If a consumer’s access to cloud services is terminated “for cause,” i.e., because
the consumer has violated the clouds' acceptable use policies or for nonpayment, most providers state
that they have no obligation to preserve any consumer data remaining in cloud storage. Further, after
a consumer voluntarily stops using a cloud, providers generally state that they will not intentionally
erase the consumer’s data for a period of 30 days. Some providers preserve only a snapshot of
consumer data, or recommend that consumers: (1) backup their data outside that provider’s cloud
inside another provider’s cloud, or (2) back it up locally.
Legal Care of Consumer Information. Generally, providers promise not to sell, license, or disclose
consumer data except in response to legal requests. Providers, however, usually reserve the right to
monitor consumer actions in a cloud, and they may even demand a copy of consumer software to
assist in that monitoring.
3.2 Limitations
Generally, provider policies include five key limitations:
Scheduled Outages. If a provider announces a scheduled service outage, the outage does not count
as failure to perform. For some providers, outages must be announced in advance, or must be
bounded in duration.
Force majeure events. Providers generally disclaim responsibility for events outside their realistic
control. Examples include power failures, natural disasters, and failures in network connectivity
between consumers and providers.
Service Agreement Changes. Providers generally reserve the right to change the terms of the
service agreement at any time, and to change pricing with limited advanced notice. For standard
service agreement changes, notice is generally given by a provider by posting the change to a Web
site. It is then the consumer’s responsibility to periodically check the Web site for changes. Changes
may take effect immediately or after a delay of several weeks. For changes that affect an individual
consumer’s account, notice may be delivered via email or a delivery service.
Security. Providers generally assert that they are not responsible for the impacts of security breaches
or for security in general, i.e., unauthorized modification or disclosure of consumer data, or service
interruptions caused by malicious activity. Generally, service agreements are explicit about placing
security risks on consumers. In some cases, providers promise to use best efforts to protect consumer
data, but all of the providers surveyed disclaim security responsibility for data breach, data loss, or
service interruptions by limiting remedies to service credits for failure to meet availability promises.
Further, it is unclear how easy it would be for a consumer to determine that a service disruption was
maliciously induced versus induction from another source.