Web Hosting Talk







View Full Version : Your ToS?


@eggheadz.com
05-01-2006, 04:16 AM
OK, Be honest, how many web hosts here wrote their own ToS or had their lawyers draw it up?

How many copied (OR "borrowed"), formatted, and pasted from different sources? I gotta know.

David K.

deef
05-01-2006, 04:59 AM
I would like to add a question for the ToS. Do you need to be a registered company in order for your ToS to be valid?

Babushka99
05-01-2006, 05:06 AM
Paraphrased is more the word I would like to use for our TOS/SLA/AUP. We used exact word-for-word for the AUPs, etc as provided by our datacenters, and then we drew a list of all the problems we could encounter and have encountered and put them up in the TOS/SLA/AUP document. Showed it to our lawyer for a cursory glance and that's about it.

Almost everyone does this - universally. Emphasis on the word almost everyone.

Faisal

0wn4g3
05-01-2006, 01:11 PM
We also paraphrases our legal documents. We edited the entire document and then deleted and added what would work for our company. Pretty much used them as templates and re worked them for our needs. It's better than having nothing

Bryc3
05-01-2006, 05:53 PM
I took the ToS from my provider and jotted down the key points. Then I rewrote it in my own words.

Montano
05-01-2006, 08:59 PM
I took the ToS from my provider and jotted down the key points. Then I rewrote it in my own words.

That seems best since those are the TOS that the reseller must abide by also.

CynProWeb
05-01-2006, 09:42 PM
That seems best since those are the TOS that the reseller must abide by also.

In doing this, dont forget that most of the time, they were drawn up by lawyers. Just having the TOS isnt the important part. The way its worded is. You can get around many laws (loop holes) and contracts just by the way something is worded. You would have to be carefull in this aspect. I work for a security company, and we have more contract and agreements on paper then the government does. We look at how things are worded very carefully.

Dark_Coder
05-04-2006, 05:33 AM
Is it legal to paraphrase TOS of other web hosts? I've a paraphrased one version of three major web-hosts & our provider, RackForce Inc.

Dedicatedone
05-04-2006, 03:57 PM
Ya that's what I was wondering as well. I mean it's not like stealing a full site, but you're still taking somebody else's work.

How much would a TOS cost from a lawyer. Person I asked told me his cost him $800. Is that a bit much or is that average?

Thanks.

Dark_Coder
05-05-2006, 05:20 AM
$800 will be too expensive. hostlegal.com provides some doc, I think.

David
05-05-2006, 02:16 PM
To be honest I used an application distributed by the same folks that make intellodesk. It's a weak TOS and I am looking to revise it soon but for the timebeing it's in place and probably won't hold a bit of water in court in the event it occurs!

VDRS Host
05-05-2006, 02:35 PM
are there anycompanys where you can make AUPs and SLAs for a cheap price or free?

Bryc3
05-05-2006, 03:25 PM
Why don't you just write your own?

RackFleet
05-05-2006, 04:31 PM
I would look at a companies as an example. Pretty much all hosting companies need to protected from the same things (i.e. Chargebacks, Illegal Material, Kiddie Porn, Hacking Sites, etc etc) so its common to look off of another and make your own.

ANMMark
05-08-2006, 09:20 AM
To be honest I used an application distributed by the same folks that make intellodesk. It's a weak TOS and I am looking to revise it soon but for the timebeing it's in place and probably won't hold a bit of water in court in the event it occurs!

Actually, every document in eBizLegal was written by an attorney and do hold up in court.

Keep in mind that the document templates in eBizLegal are basic, and intended for your own additions and alterations.

There is no way we can cover every aspect of every business, within one legal document template, thus we provide the basic document, for the general user.

skiller
05-08-2006, 09:36 AM
I would prefer a lawyer to do it for me and later i would check since in the familiy i have 2 lawyers and having your own TOS is more personalized ;)