June 13, 2012, 10:56 AM — The first time a client brought intellectual property lawyer Janine Anthony Bowen a cloud computing contract to look over, her reaction was these people must be nuts.
"I read the clause saying the service provider would bear no liability for anything that went wrong with its service, and even if something did go wrong, my client would still be responsible," recounts Bowen, lead partner at Jack Attorneys & Advisors in Atlanta.
To recover any losses, her client would have had to bring suit, and the maximum recovery amount equaled no more than the fees paid for twelve months of service. That amount wouldn't even begin to come close to the value of a data loss. Bowen's reaction was, in her view, reasonable -- "because the terms were offensive."