Okay with how things are going in the US and people going Sue crazy i was thinking about putting a TOS on my site to save my ass incase there is a crash or services go down! Anyone might know where i can find out more on TOS's so i can save my butt?

Do you run a hosting company? If so, why don't you have a TOS/AUP already? All forms of business agreements should have some kind of contract. Remember a TOS/AUP is not only designed to protect yourself as the host, but also to protect the customer and outline exactly what the customer is getting and what they aren't. Also what guarantees do you makes etc. should be outlined in the contract.

Explain that certain factors of downtime (ex: hd crashes) are out of your hands and by signing up to your plan(s) users agree that it can not be held against your company in court.

Tell them that by signing up they agree to blah and blah and cannot sue and after a grace period (money back garuntee etc.) they can't be refunded the money that they paid for the service.

If you write your ToS's right it prettymuch grants you freedom from typical american consumer bull****.


-Jim

Originally posted by SeanK
Okay with how things are going in the US and people going Sue crazy i was thinking about putting a TOS on my site to save my ass incase there is a crash or services go down! Anyone might know where i can find out more on TOS's so i can save my butt?

Anyone can sue, hell, I'M GONNA SUE YOU!! j/k

Now, having a good Tos/AUP will be the win or lose factor of the case. If you write it yourself, I'm sure a lawyer getting paid $2000/hour will find a loophole and I win. Having a ToS/AUP written by a lawyer, will ensure everything is "legal" and that there are no loopholes.

The section that will save your butt will be the...

"blah hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, loss of data or non-infringement" part.

Don't listen to anyone here. Go see a lawyer and get it done right!

Originally posted by JimDog
Tell them that by signing up they agree to blah and blah and cannot sue and after a grace period (money back garuntee etc.) they can't be refunded the money that they paid for the service.

If you write your ToS's right it prettymuch grants you freedom from typical american consumer bull****.



Uggg, yeah.. Stick to that policy and you'll only have deadbeat low paying personal accounts. If you want the big boys (with the big money), you'll need a better solution then "by signing up, you agree not to sue us". Well, why the <beep> would I bring my online store that makes $10,000/month to your service if you have such a policy?? :rolleyes:

Originally posted by the elf
. . . . .Don't listen to anyone here. Go see a lawyer and get it done right! Or . . . . . . . Listen to someone here. And go see a lawyer and get it done right. :)

Although, in the interim, you are welcome to use ours as a guide for creating one.

lol

Originally posted by JimDog
If you write your ToS's right it prettymuch grants you freedom from typical american consumer bull****.

That might be the case in the US, but I beleive in the UK that contract terms also have to be "reasonable and fair" (I'm sure there is a lawerly term for that) and not affect any of the statutory rights that the consumer may have - one of which is to sue you if you do not deliver the service you are supposed to.

it's important to ensure that the customer clicks through the TOS - checks a box etc to say they have read to and agree etc etc

Without that they can easily claim they knew nothing of it & quite probably have a strong case.

On some sites having them actively agree is not practical - but when buying web hosting it shouldn't be an issue to have the check box. Even better have them sign & fax it back to you within 7 or 10 days.

Anybody can sue you regardless of if you have a signed TOS agreement - it can still be expensive.

Sorry for the OT, but nice website you've got there "the elf" :D

Originally posted by Ahmad
Sorry for the OT, but nice website you've got there "the elf" :D

The $10,000/month one?? That was an example of a big customer that would pay more then $6.00/month for hosting. I would think they should pay no less then $500/month or even $1,000 (hosting or dedicated managed server).

If I had a site that paid 10K month, I don't think I would be trolling in WTH. lol :stickout

Anyway, I should try it. People say you can make millions by selling dolls online. :)

Originally posted by the elf


The $10,000/month one?? That was an example of a big customer that would pay more then $6.00/month for hosting. I would think they should pay no less then $500/month or even $1,000 (hosting or dedicated managed server).

If I had a site that paid 10K month, I don't think I would be trolling in WTH. lol :stickout

Anyway, I should try it. People say you can make millions by selling dolls online. :)

Huh? I'm a bit lost. :confused:
I mean the one I get when I click your "www" link (the one in your profile). :)

Originally posted by Ahmad


Huh? I'm a bit lost. :confused:
I mean the one I get when I click your "www" link (the one in your profile). :)

Oooooh, yeah, that one is also good. lol :D Some people say it's always down. Must be my cheap cogent kid ran host. oh well. :)

i love this paranoia

look is the site mission critical ie grossing
some serious bucks?
and
have you been sued or tried to sue somebody?

contingency wont work for small stuff like most of us host

so if somebody wants to sue you they are gonna need at least a 10k retainer to get the ball rolling..

and what would they get if they won,, a settlement?
getting blood from a stone wont work either and most attorneys analyze the cow before they try to milk it

put up a good terms of use and keep quite when the clients threaten you...

i love this paranoia

Me too :D
I have never heard of somebody actually been sued for downtime or something like this.

Peter

Don't know about other countries, but in Australia there is a distinction between a consumer product/service and a business service. If your product/service is thought by the court to be a consumer product (or your customer a "consumer") then you have more responsibility to them and you cannot minimise your product liability as much. Also, fitness for intended purpose will be viewed more generally and practicallly. If however, your service/product is business-to-business, the court will accept your much more restrictive limitation of liablity clauses and will take into account any specific statements of fitness for purpose, because it will recognise that a person making a business transaction should be able to read and understand a contract. :p

Originally posted by the elf


Oooooh, yeah, that one is also good. lol :D Some people say it's always down. Must be my cheap cogent kid ran host. oh well. :)
It's down right now...

You can always find a law student who can help you making one TOS or Disclaimer......... one friend of mine helped me do my site's TOS, Privacy Policy and Disclaimer..... and I think they are very stable for the US laws.