Abstract
Four Terms of Service (TOS) agreements offered by commercial providers of cloud computing services are reviewed in order to identify those provisions that are problematic from the perspective of the end user. The following services were reviewed: iCloud, OpenDrive, Dropbox and Amazon Cloud Drive. The legality of the mass-market licenses is assessed. Specific provisions are reviewed with the goal of understanding the consequences on the user/consumer of cloud computing services; particularly those provisions that may result in unintended or detrimental consequences for users/consumers are identified. The effect of the law of contract (license) is contrasted with the law of copyright. Recommendations are made throughout the discussion to improve TOS provisions for the end user. Developments in the law of contract are surveyed to determine the enforceability of specific provisions as well as the potential avenues of challenge to problematic clauses discussing whether such clauses might be unconscionable.
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