Web Hosting Talk







View Full Version : Disclaimers, Terms of User, Conditions???


sabian1982
11-22-2005, 09:54 AM
As a quick overview: im looking to start my own uk web hosting company. Im in the process of designing and creating the main site and interface.

Right... before people buy my packages i want them to agree to certain Terms and Conditions of hosting package use. For example the hosting packages i supply cannot be used for or have illegal, adult, racist etc material on. Also if the terms are breached i need to know legal that i can autamtically and without warning remove a clients account without providing a payment if the rules are not adhered to...

How do i go about writing these terms and conditions? or do i need to hire a laywer to do it? Are there any suggested terms and conditions that should be used by web hosting companies? if so where can i find them???

numaria
11-22-2005, 10:15 AM
funny you should say this, I've just been in touch with our lawyer this morning, apparently they take £192 an hr. Go figure....

Having said that, getting this part right is ABSOLUTELY crucial, as you'll be totally f**ked if you don't protect yourself and your clients. Really.

sabian1982
11-22-2005, 11:03 AM
Im going to be using a reseller, so potentially though could i use my resellers terms and conditions? i think i might need to email the reseller im going to buy from and see what they say!!!

infernus
11-22-2005, 11:08 AM
Well you will _have_ to use your resellers terms of service, since its their server and to a certain extent their rules.

However theres nothing to stop you adding a few of your own.

numaria
11-22-2005, 11:14 AM
Well you will _have_ to use your resellers terms of service, since its their server and to a certain extent their rules.

However theres nothing to stop you adding a few of your own.


yes, I totally agree wit infernus. For example, you might be able to resell for anything as far as your providers are concerned, but you might want to stay clear of adult hosting for obvious reasons...

sabian1982
11-23-2005, 05:20 AM
basically i want nice clean websites for obvious reasons. Ill also possibly request a full terms and conditions from the reseller im looking to purchase from. Although surely if i decide to use these im breaching copyright or something???

numaria
11-23-2005, 09:44 AM
basically i want nice clean websites for obvious reasons. Ill also possibly request a full terms and conditions from the reseller im looking to purchase from. Although surely if i decide to use these im breaching copyright or something???


Well, if you have to follow your DC's TOC, so do your customers. Surely, your DC wouldn't expect you to rephrase their TOC for copyrights' sake... We just asked our DC and got the go-ahead...

Plexi_Hosting
11-23-2005, 11:40 AM
You should be able to ask them and use it, as stated above. Really it wouldn't be a bad idea to add some of your own terms, but if so consult a lawyer. Coming in prepared with your provider's TOS/etc (with their blessing of course) is a great way to cut down on the time (which means money) spent to do so.

InCheck Adam J
11-23-2005, 01:12 PM
Whatever software you use should have an agreement area where they have to check it to sign up. Make sure all your customers sign up through it and you will be able to enforce it, otherwise make sure they stay they agree. Some examples of software that does this that I am aware of is; Lpanel, Modernbill, whm autopilot and I am sure there are many others.

Corey Bryant
11-23-2005, 07:58 PM
We checked out HostLegal (http://www.hostlegal.com) as a start, tweaked it, and then sent it off to our attorney for completion.

GamePhreak
11-24-2005, 02:11 AM
There are many, many good hosts that run without a TOS. However, as mpaert so kindly put it, you run the risk of being f**ked by an unhappy customer. Be on the safe side, always. HostLegal is probably the best company to write one for you. If you are on a reseller, then using your reseller's TOS should be okay despite copyright laws, since you are giving them money, right?

sabian1982
11-24-2005, 04:43 AM
Ive spoken to the reseller and have got it in writting that i can use their terms and conditions which is good. Thats one less thing i have to worry about... :)

infernus
11-24-2005, 05:31 AM
GamePhreak, just to let you know.. you have a ad for another hosting co on your site.

Not a great move ;)