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View Full Version : Writing my own TOS


PrestiStudios
03-29-2007, 08:09 PM
Hi everyone!

I'm currently building up my webhosting website and I'd have a question about TOS. I want to write it all on my own. My uncle told me I'd have to keep it simple for understanding of both parties.

I need your advice about what's most important to write, I would not mislead some of my futur customers.

Thank you very much,



J-C

Daryl
03-29-2007, 10:39 PM
You may want to include something regarding resource abuse especially in a shared/reseller environment. Some other things you may want to include would be your billing policies, legal policies such as what you will and will not allow hosted on your network (i.e. irc, adult content etc.).

Galaxy-Hosts
03-29-2007, 11:07 PM
I would make sure you included something like, "We do not support any activity that is illegal under (Your Countries) laws. I would also have an attorney look over your TOS and make sure it is legally binding and would hold up in court if it ever came to that. "Good luck with your TOS!

AH-Tina
03-30-2007, 02:28 AM
Hi everyone!

I'm currently building up my webhosting website and I'd have a question about TOS. I want to write it all on my own. My uncle told me I'd have to keep it simple for understanding of both parties.

I need your advice about what's most important to write, I would not mislead some of my futur customers.

Thank you very much,



J-C

Are you or your uncle an attorney? If not, you could be leaving yourself wide open for trouble.

--Tina

rghf
03-30-2007, 02:36 AM
We have our TOS reviewed by an attorney and basically in the form they were it would of been easy for someone to sue and have the entire TOS made null and void. You want to get it done properly. The cost you pay now will save you $1,000's later

siforek
03-31-2007, 07:10 AM
Isn't there a website where you can just buy hosting tos & (put your compnay name here) kin of thing? I swear I read it here...

demowolf
03-31-2007, 07:58 AM
There are many small hosting companies out there who have written their own TOS, without the help of a lawyer. However, there's also a lot of hosting companies out there being run by kids in their parents basements, on their parents computers. See where I'm going with this? It's a bad idea IMO to write your own TOS, as it does leave you unprotected. Only a lawyer knows what needs to be said to protect you and your business. Remember also that there are different laws for different states/provinces/regions/countries.... so it needs to be tailored to the laws that apply in your specific geographic area.

Hope that helps :)

PrestiStudios
03-31-2007, 01:14 PM
Is there anybody out there from Montreal area (province of Quebec), who would like help me to write these TOS?

MikeWalczak
03-31-2007, 01:29 PM
Isn't there a website where you can just buy hosting tos & (put your compnay name here) kin of thing? I swear I read it here...
Sure is, www.hostlegal.com is great!

JohnnyUSA
03-31-2007, 10:07 PM
thank you Mike for the link.

johntxy
04-01-2007, 06:07 AM
thanx mike. your link is very helpful.

AnmolTech
04-07-2007, 07:36 PM
Are you or your uncle an attorney? If not, you could be leaving yourself wide open for trouble.

--Tina

Tina,

Would you suggest that i write something up, or get it from hostlegal.com and then get it checked by an attorney?

Or simply have the attorney prepare one for me?

Also how do i search for an attorney who deals especially with the hosting biz.

If you have someone you already know do you mind PM'ing the name of the/your attorney.

I am based in buffalo/NY but it really should not matter as i can deal with your attorney over the phone.

THanks
bye
vijay

AnmolTech
06-14-2007, 02:02 PM
anyone?

I am in the process of putting together the final pieces of my web hosting biz.

I still need help with writing the TOS

surely no one should have a problem suggesting their lawyers -- your info is confidential with your lawyer anyways

would really appreciate the help

thanks
vijay



Tina,

Would you suggest that i write something up, or get it from hostlegal.com and then get it checked by an attorney?

Or simply have the attorney prepare one for me?

Also how do i search for an attorney who deals especially with the hosting biz.

If you have someone you already know do you mind PM'ing the name of the/your attorney.

I am based in buffalo/NY but it really should not matter as i can deal with your attorney over the phone.

THanks
bye
vijay

AH-Tina
06-14-2007, 02:08 PM
My attorney is a local guy and charges $350 per hour. I'm guessing that a ToS and Privacy Policy would probably run you about $700 - $1000. You'd probably be better off going through Hostlegal or finding a local attorney to deal with.

--Tina

AnmolTech
06-14-2007, 02:10 PM
appreciate your reply tina.

for some reason hostlegal site links dont seem to work

thanks
vijay

demowolf
06-14-2007, 02:11 PM
If you want to get a lawyer's help with this, I recommend finding someone locally. Down the road if you ever need to consult your lawyer for any reason (i.e. perhaps you need to add something to your TOS, etc), then it's good to know you have someone locally you can count on.

Regards,
Rob.

BigGorilla
06-14-2007, 02:21 PM
appreciate your reply tina.

for some reason hostlegal site links dont seem to work

thanks
vijay

Their site is pretty broken right now. You can email sales@hostlegal.com and they might be able to provide you with info quicker than waiting for them to fix their website.

Premier
06-15-2007, 12:04 AM
When I first started, I asked my server provider about using theirs and modifying a bit and they said sure. Like they said, by doing that, I was also making sure my customers were agreeing to their terms. An advantage for each of us.

AnmolTech
06-15-2007, 12:08 AM
I have emailed hostlegal sales dept -- hopefully i will get an answer from them soon.

THanks

hostlegal
06-15-2007, 11:20 PM
vj135,

I'm not sure if you have received a response from your email to our sales department. If not, please re-send it.

Also, the Hostlegal website is now up and running.

AnmolTech
06-16-2007, 01:21 AM
vj135,

I'm not sure if you have received a response from your email to our sales department. If not, please re-send it.

Also, the Hostlegal website is now up and running.

I got the response -- THANKS

I will be buying 1 package and one other thing.

In ADDITION to that i wanted to have it reviewed by an attorney.

ALSO

I am still looking for a WEBDESIGNER contract between me and my designer for my website and also for webdesigning for prospective clients.

Any further advice from anyone is really appreciated

thanks
vijay

hostlegal
06-16-2007, 11:56 AM
Vijay,

Here's a good link for a Web Site Design Sub Contract:

http://store.yahoo.com/cgi-bin/clink?jurifaxstore+PTW6GW+3609e.html

Please note: We are one of their affiliates and receive a small commission for referrals that lead to a purchase.

I hope this helps.