Web Hosting Talk







View Full Version : a little help with a TOS, please


debris
03-27-2002, 10:39 PM
Hey all, I'm thinking of choosing this host for my domain, and would like to know what you think of their TOS. Should there be anything I have to be wary of? Any thoughts would be much appreciated, thanks.

XXXhost COMMMUNICATIONS / IBS INC. TERMS OF SERVICES AGREEMENT

I. Service
1. XXXhost provides web services, including, but not limited to web hosting, domain name services, and reseller hosting.
2. XXXhost makes no guarantees or warantees whatsoever, implied or expressed, of the continuous uptime of services.

II. Service Registration
1. You must certify that you are not a minor. By ordering, you represent that you are at least 18 years of age. If you are a minor, the transaction must be approved from a legal parent/guardian.
2. You agree to provide XXXhost with accurate, complete, and up-to-date billing information, including, but not limited to, your legal name, e-mail address, home address, and telephone. All changes to this information must be updated with XXXhost within 30 days of the change. If any information provided by you is inaccurate, not current, or incomplete, XXXhost retains the right to suspend or terminate your account without refund.
3. By accepting this Agreement, you personally guarantee that you are responsible for all charges posted to your account until you close the account.

III. Use of the Service
1. You, and those you authorize, are the only individuals who are authorized to access the Service through your account. All authorized users must comply with this Agreement.
2. You will not and may not use the Service in any way that violates any law or regulation; subjects XXXhost to liability; or is in violation of this agreement.

IV. Unacceptable Use
1. We retain the right to terminate your account as needed if we suspect violations of this Agreement.
2. Illegality in any form, including, but not limited to activities such as unauthorized distribution or copying of copyrighted software; violation of U.S. export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyright infringement; and other intellectual propery right violations. This is prohibited.
3. Spamming, to send UCE or newsgroup posts, from the server or involving your domain is prohibited.
4. Mail bombing, sending of large files or emails to other users against the request of the user, whether or not our servers are used is prohibited.
5. The use of programs that consume an excessive amount of CPU run time or memory on the server is prohibited.
6. Unaceptable site content, links, storage, and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes; "warez sites"; "irc clients/bots"; pornography; nudity; sexually explicit or offensive material; and defamatory, scandalous, or private information about a person without their consent is prohibited.

V. Fees
1. Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of XXXhost.

VI. Disclaimer of Warranties
1. You assume full responsibility and risk for the use of the Service by you and your authorized users. The Service is provided on an "as is" and "as available" basis. XXXhost does not warrant that the Service will be uninterrupted or error-free. XXXhost makes no expressed or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through XXXhost. no advice or information given by XXXhost, its employees, affiliates, or contractors shall create a warranty.
2. XXXhost shall not be liable for any costs or damages arising directly or indirectly from the use of the Service. It is solely your responsibility to evaluate the accuaracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service

VII. Indemnity
You agree to defend, indemnify, and hold XXXhost and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

VIII. Closing an Account
You may close your account by sending an account via the help desk requesting termination of agreement. The process may take up to a week to complete.

okihost
03-27-2002, 10:45 PM
Looks pretty forward to me.. Nothing to hide.. I would say it is very simple and to the point.. nothing to worry about

SoftWareRevue
03-27-2002, 10:49 PM
*Disclaimer:
IANAL

The only thing that would bother me is:

IV. Unacceptable Use
1. We retain the right to terminate your account as needed if we suspect violations of this Agreement.I can understand suspending a site that is suspected.

akashik
03-28-2002, 02:40 PM
Seems pretty straight forward. You should bear in mind too, most AUP's are written slightly 'harder' than the hosts actual stance on most issues. In a perfect world we'd all rather not have to have one at all, but there's going to be one account every now and then that abuses the system and needs terming.

Spammers tend to go quietly at least, but once in a while someone will kick up a stink, at which point that AUP will have to be pulled out.

In general those things aren't written to nail customers for the sake of grabbing some cash. They're written with the best intention of protecting the wider customer base from a few people that try something that's beyond 'acceptable use'. On a shared server people need to know they're not allowed to do whatever they want and that's what the AUP is for.

I think the part where you should keep your host informed and updated on our contact details is a good one. From having to hunt down people from time to time who don't retain a single contact detail from when they signed up is time I could happily use for other things :)

Greg Moore

4solutions
03-28-2002, 04:04 PM
Looks pretty standard to me, too.


But have you read some of those software licenses...
I just had to send my firstborn off as an indentured servant to Bill Gates because I bought Microsoft Word 1.0 way back in 1984.

Okay, I'm just kidding... it was Word 2.0.

:D

akashik
03-28-2002, 04:10 PM
Originally posted by 4solutions
But have you read some of those software licenses...

Not sure from memory, but I think Quicken has a pretty freaky licence as well...

Greg Moore