One clause of the Windows Insider Program Agreement strikes me as potentially burdensome because it mandates activity which does not appear to directly benefit Microsoft (emphasis original):

By participating, you agree to frequently backup your data.

Considering that liability for data loss due to failure to back up data could simply be disclaimed in the contract, why would it be necessary to mandate that the participant back up data frequently?

  • Would such a disclaimer actually be sufficient to absolve Microsoft of all liability due to the user's failure to back up data? If not, under what circumstances would the participant's failure to back up data result in Microsoft becoming liable for damages?
  • Would failure to back up data in and of itself (e.g. no data loss events, etc.) be a cause of action that allows Microsoft to sue the participant for breach of contract? If not, what purpose does this clause serve? (Perhaps it would deter participants who fail to back up data from suing or otherwise pursuing a claim against Microsoft over the Insider Program for an unrelated reason?)
  • How can that possibly be enforceable when there is no definition of "frequently" in the whole of the agreement in the link. Feb 9, 2016 at 18:50
  • I would be way more concerned about the two sentences which precede that "backup" sentence :) --"We break it, you bought it."
    – Scott
    Feb 9, 2016 at 19:07


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