Hey,
I was just wondering if you guys could just give this terms & condtion and quick glance.
Ive never working with terms before so im not sure if this is ok / legal.

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User Conduct:

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by (site name).

1)to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2)to violate any laws in your jurisdiction (including but not limited to copyright laws);
3)to contribute any Content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party.
4)to create or submit unwanted email ("Spam") to any other (site name) users or any URL.
5)to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content.
6)Distribute, post, link to, or upload any material that contains harmful computer code. This includes viruses, spyware, adware, keyloggers, or any other unlawful programs, scripts, or files.
7)Access, or attempt to access a party's account without authorization from the user.


Members Account Security:

You will receive a password and account designation upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
(1) ensure that you exit from your account at the end of each session. (site name) cannot and will not be liable for any loss or damage arising from your failure to comply.
(2) immediately notify Bolt of any unauthorized use of your password or account or any other breach of security.

Age:

The user certifies that he or she is at least 13 years of age.

No Resale of Service:

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your (Site name) account) use of the Service, or access to the Service.

Member Responsibility:
(site name) members and/or authors are held responsible for any entries, content, comments, audio, graphics, post, or material that is static or dynamic in their account.

Server Abuse:

Any attempt to undermine or cause harm to a server, client, or user, of (site name) is strictly prohibited.

Trademarks & Copyrights:

1. User warrants that it does not have the right to use, transfer, distribute, or infer any (site name) trademarks or copyrights, without gaining explicit written permission from (site name).

Disclaimer:
(site name) is not responsible for any content posted or otherwise transmitted by the users of (site name) .
We are not responsible for the conduct, online or offline, of any member using the (site name) website.
We assume no liability for any damage, or harm done to a computer through, or in connection with (site name).
Under no circumstances will (site name) be responsible for any damage, including personal injury or death, resulting from anyone's use of (site name). Also, we assume no liability for any interactions between users of (site name), online or offline.

Applicable law:

This site is created and controlled by (site name). in the United Kingdom. As such, the laws of the United Kingdom
will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.

Changes to the TOS:

(site name) reserves the right to revise its policies at any time without notice.

Violations:
Please report any violations of the TOS to help@(site name).com.

Did you write this yourself? Did it come from a source that allows you to reproduce it? If the answer to both of these questions is no, then it's not legal to use it, on the grounds that you'd be violating someone's copyrights. If you could clarify this, then it would make sense for someone to actually read through it :)

I think you need to check out the package at http://www.hostlegal.com/.

PS: Zack at HostLegal is awesome, you won't regret the INVESTMENT you'll be making.

Thanks for the link rich, that is extremely helpful

I'd suggest going to an actual lawyer to make sure its decent for your state/province.

Disclaimer: I'm not a lawyer. I'm just experienced with hosting and what works for our TOS. If you need real legal advice and not just an unofficial opinion, get a lawyer.

User conduct #5 looks a bit odd. Not seen many like that, but if the host is trying to limit the users' use of the service in a way that makes sense to keep things profitable, it might be ok.

Age: 13 is only going to work in some countries. In my opinion it is better to raise the bar to 18 or 21 so it would be enforceable with more customers, unless you only accept customers from the country in which that is the legal age of majority. For instance, I've heard that you can get a beer at a young age in Germany, but the legal drinking age in most US states is 21.

If it is legal in your locality (it is in ours), get an indemnity clause in there. A lot of customers hate them because it means they actually have to be responsible for their own actions, but they are oh so necessary if you want to stay in business for any length of time. The last thing you need is someone suing you because one of your users posted copyrighted material without permission on their web site. In the US, even though hosting providers are somewhat (thinly) protected against frivolous copyright lawsuits, that doesn't stop idiots from filing them. Then, you're stuck with settling or paying the cost to defend. If you're lucky, you can get your costs back in the form of a judgement against the plaintiff if the case goes your way, but then you still have to collect that amount and if the plaintiff is a jerk, they're not going to pay up short of sending the mafia hit men after them. The indemnity clause gives you another person to collect from - your careless customer that got you into the mess in the first place.

I'm going on the assumption that you're setting up a hosting company and are trying to create your own terms of service.

If that isn't the case and you're evaluating the TOS of a hosting company from which you're considering purchasing service, give 'em the 'heave ho' because they didn't put enough thought into their TOS and their inexperience will likely lead to other severe errors in judgement in their dealings with you as the customer.

In the end, whatever the case, legal matters are tricky and specific to your locale, so a lawyer is just about a necessity if you have no experience with such agreements.

I think you should set forth few more point in your TOS;

Refusal of service
Suspension and termination
Money Back Guarantee
Limitation of Liability
Indemnity