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The report says this: Limitation of Liability: "Google does not limit their liability in regards to its confidentiality obligations and includes Customer Data

The report says this: Limitation of Liability: "Google does not limit their liability in regards to its confidentiality obligations and includes Customer Data in definition of Confidential Information. Google is responsible for any actions of its employees and agents." "Microsoft caps its liability for "free" services at $5K including any damages related to Institution Data short of Gross Negligence or Willful Misconduct." Google is far superior. But http://www.google.com/apps/intl/en/terms/user_terms.html http://www.google.com/apps/intl/en/terms/user_terms.html says this: "YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ..." Am I looking at the wrong TOS?

dangrossman 15y ago
Just by the URL, that's probably the agreement between the end user (the student) and Google, not the Apps customer (the school) and Google. http://www.google.com/apps/intl/en/terms/education_terms.html http://www.google.com/apps/intl/en/terms/education_terms.htm...
lambda 15y ago
Yes, I think you're looking at the wrong terms of service; you're looking at their ordinary end user terms of service, not their educational terms of service. The educational terms of service, http://www.google.com/apps/intl/en/terms/education_terms.html http://www.google.com/apps/intl/en/terms/education_terms.htm... say: > 12.2 Limitation on Amount of Liability. NEITHER PARTY MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. > 12.3 Exceptions to Limitations. These limitations of liability apply to the fullest extent permitted by applicable law, but do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or indemnification obligations. So, they put a cap on liability of how much they've been paid in the past year (which in most cases for their educational program is nothing), but do not limit liability for breaches of confidentiality obligations.
- heyrhett 15y ago
  I wonder if UC Berkeley is confusing "confidential obligations" with "confidential data". It doesn't seem like google is saying, "if we lose an email, and it costs you a million dollars, we're liable for it". From this section: "Confidential Information. 5.1 Obligations. Each party will: (a) protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (b) not disclose the Confidential Information, except to Affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Each party (and any Affiliates, employees and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill its obligations under this Agreement, while using reasonable care to protect it. Each party is responsible for any actions of its Affiliates, employees and agents in violation of this Section. 5.2 Exceptions. Confidential Information does not include information that: (a) the recipient of the Confidential Information already knew; (b) becomes public through no fault of the recipient; (c) was independently developed by the recipient; or (d) was rightfully given to the recipient by another party. " It sounds like what Google is really saying is, "If we make some kind of secret deal with your organization, you better protect that secrecy as well as you protect all of your confidential information, or there is no limit to how much we can sue you for the breach."
  - johntb86 15y ago
    But see the definitions: "Confidential Information" means information disclosed by a party to the other party under this Agreement that is marked as confidential or would normally be considered confidential under the circumstances. Customer Data is Customer's Confidential Information.
    - pdk 15y ago
      Does anyone know what this switch implies for Patriot Act information requests? I had heard that the UC puts up some resistance to the FBI when asked for user data, and that Google does less so.
  - sunchild 15y ago

dangrossman 15y ago

Just by the URL, that's probably the agreement between the end user (the student) and Google, not the Apps customer (the school) and Google. http://www.google.com/apps/intl/en/terms/education_terms.html http://www.google.com/apps/intl/en/terms/education_terms.htm...

lambda 15y ago

Yes, I think you're looking at the wrong terms of service; you're looking at their ordinary end user terms of service, not their educational terms of service. The educational terms of service, http://www.google.com/apps/intl/en/terms/education_terms.html http://www.google.com/apps/intl/en/terms/education_terms.htm... say: > 12.2 Limitation on Amount of Liability. NEITHER PARTY MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. > 12.3 Exceptions to Limitations. These limitations of liability apply to the fullest extent permitted by applicable law, but do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or indemnification obligations. So, they put a cap on liability of how much they've been paid in the past year (which in most cases for their educational program is nothing), but do not limit liability for breaches of confidentiality obligations.

heyrhett 15y ago
I wonder if UC Berkeley is confusing "confidential obligations" with "confidential data". It doesn't seem like google is saying, "if we lose an email, and it costs you a million dollars, we're liable for it". From this section: "Confidential Information. 5.1 Obligations. Each party will: (a) protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (b) not disclose the Confidential Information, except to Affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Each party (and any Affiliates, employees and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill its obligations under this Agreement, while using reasonable care to protect it. Each party is responsible for any actions of its Affiliates, employees and agents in violation of this Section. 5.2 Exceptions. Confidential Information does not include information that: (a) the recipient of the Confidential Information already knew; (b) becomes public through no fault of the recipient; (c) was independently developed by the recipient; or (d) was rightfully given to the recipient by another party. " It sounds like what Google is really saying is, "If we make some kind of secret deal with your organization, you better protect that secrecy as well as you protect all of your confidential information, or there is no limit to how much we can sue you for the breach."
- johntb86 15y ago
  But see the definitions: "Confidential Information" means information disclosed by a party to the other party under this Agreement that is marked as confidential or would normally be considered confidential under the circumstances. Customer Data is Customer's Confidential Information.
  - pdk 15y ago
    Does anyone know what this switch implies for Patriot Act information requests? I had heard that the UC puts up some resistance to the FBI when asked for user data, and that Google does less so.
- sunchild 15y ago