Vortech
05-03-2005, 03:06 PM
Seems the US has Sanctions for places we should not sell to: http://www.treas.gov/offices/enforcement/ofac/sanctions/
My question is this:
1. Does this also count for hosting there web sites.
2. Since we do reseller hosting, can our resellers sell hosting to some one in iran and host there site here here if they do not live in the US.
None of that seems really clear. This is a list of countries the US should or can't sell anything to:
Balkans
Burma (Myanmar)
Cuba
Diamond Trading
Iran
Iraq
Liberia
Libya
Narcotics Trafficking
Nonproliferation
North Korea
Sudan
Syria
Zimbabwe
neb1211
05-03-2005, 03:50 PM
I believe that applies to everything including hosting but I am not certain
keliix06
05-03-2005, 04:18 PM
It applies to any form of trade including hosting.
Vortech
05-03-2005, 04:43 PM
Yea but what if we have a reseller in the UK and they sell to Iran, how does that work since we as a US company did not sell anything to IRAN.
Redcoat
05-03-2005, 04:46 PM
Legal question = legal advice. Call a lawyer... a quick question like that could be answered over the phone in 2-3 minutes. Most attorneys around here dont charge for quick phone questions
Vortech
05-03-2005, 04:49 PM
Yea I already asked my lawyer, he said it should not be an issue if they are not a direct customer. I wanted to see if any one else had experience with this issue and maybe more of an insight as the US gov or my lawyer are not to keen on "hosting and Internet Services" if you know what I mean. They are more of the legal stuff and not sure how the internet falls in to that kind of thing.
WO-Jacob
05-03-2005, 08:05 PM
It would seem you should at least have plausable deniability then. I mean, unless you purchase ip lists and actively block off people from those countries hitting your servers, as a provider of services you generally should not/would not be held liable for the actions of the client your providing the service to... though you could insert something into your TOS if you were worried about it, saying they must follow all rules of the US and of their country, and where ever the rules disagree, they must apply the more restrictive set.
Just a thought :)
keliix06
05-04-2005, 12:59 AM
The trade embargo applies to US companies taking money from those countries listed. This is why companies like Haliburton setup offshore companies and made billions in Iraq...
WebDatum
05-04-2005, 01:07 AM
does it apply? does it apply???
if they give you money and you give them a product or SERVICE... you are breaking this rule. end of story.
good lord common sense please.
WO-Jacob
05-04-2005, 01:13 AM
Originally posted by WebDatum
does it apply? does it apply???
if they give you money and you give them a product or SERVICE... you are breaking this rule. end of story.
good lord common sense please.
Oh come on, we're not talking about that. That is obviously clear cut :)
We're talking, take this for example...
You sell a reseller account to someone in India.
The reseller in India then sells a hosting account to someone who lives in Iraq.
Are you liable for 'providing service' to Iraq, even though YOUR contract is with someone in India?
That is the question. :) Hardly clear cut, nor would it be 'common sense'.
WebDatum
05-04-2005, 01:21 AM
actually it is common sense... if the server is in the US... then it is wrong... you need to have your contacts informed of this and tell them the accounts have to be moved... to your off shore server... oh wait, dont have one of those then to keep that client you need to get one... fact is that it is your business... and you are allowing that person to sell american product or services to a sanctioned country... the law will slap your hands in the end cause you should not have allowed your reseller to host the accounts.
in the end its your business and you are responsible for what goes on your server. regardless of who sold it.
keliix06
05-04-2005, 11:01 AM
If your reseller is providing the service, they are the ones who are liable. But if you know it's happening you are just as guilty as any one else.