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  1. #26
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    I would check with your attorney and make sure that you are covering yourself with your AUP/TOS.
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  2. #27
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    A host has a right to view any and all contents of a customer's site/account in order to ensure legal compliance and server security. My customers can read this thread if they would like, i'm really not worried.

  3. #28
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    Quote Originally Posted by eviltechie View Post
    The laws vary, and I'm no lawyer...but I've heard that in the U.S. as long as the site has records for the age of the "models" (what the model, I don't know) then they're pretty much in the clear. The sites aren't currently responsible for policing who can visit the site...i.e. they don't have to verify that you are 18 to view it...as COPA has been shot down repeatedly in the courts.
    You are talking about U.S.C. 2257 which states that all websites that have adult content must have copies of state issued identification for the model which shows they were 18 or older at the time of the shoot.

    This is not the hosts responsibility. It is the website owners responsibility.

    The websites must also have a warning page stating that the website contains adult material and you must agree that you are 18 or older before you can enter the website.
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  4. #29
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    Quote Originally Posted by IRCCo Jeff View Post
    A host has a right to view any and all contents of a customer's site/account in order to ensure legal compliance and server security. My customers can read this thread if they would like, i'm really not worried.
    I agree totally.
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  5. #30
    When I was in hosting, some accounts were pornography. Alot of them were subscription based, so we REQUIRED them to provide us with a login/pw that we checked once a month to insure it is in fact 18+ yr old.


    We did however run into a guy who was doing child pornography. We suspended his account and charged him a $100 fee for not reporting that it was a pornography site. (we charged a $100 deposit fee for any high risk website). We emailed him and said his content was unacceptable and he was strongly urged to remove that section.

    He then said he was going to sue us for not providing a service he paid for.

    We then called local authorities and he was arrested.

  6. #31
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    Quote Originally Posted by GUI-Admin View Post
    We did however run into a guy who was doing child pornography. We suspended his account and charged him a $100 fee for not reporting that it was a pornography site.
    Say what now?
    You took money not to report a child pornographer?
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  7. #32
    We have never snooped through peoples files, however we did perform daily virus scans, and were sometimes obligated to go through theire files and quarentine the file.

    However, we DID view theire websites to make sure nothing is "bad". Which could be considered public information.

  8. #33
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    Quote Originally Posted by bear View Post
    Say what now?
    You took money not to report a child pornographer?
    Would that be legal ?
    I'm sure that type of action would not be dreamt of by Any Parent
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  9. #34
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    Jan 2008
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    Back to the Original Question of the thread starter,
    what If the server provider doesn't allows adult content ????
    Without having a confirmation from your end provider you might be putting everybody else on that shared server at RISK.

    Most good hosting companies do keep a eye on whats going inside their network/servers.

    If a hosting provider is viewing a website using a public access URL, i don't think its Illegal, maybe some lawyer can chime in and prove how come a host is not allowed to access any website which is LIVE on internet, publically accessible from search engines, banners or whatever but shouldn't be viewed cause you are the hosting provider !!!!.

    As for my network, i simply don't allow ADULT content, So if there's a report for such activity, customer is Immediately Cancelled and removed as stated in the TOS, no matter how good he's paying, what is not acceptable as per one's TOS, should NOT BE ACCEPTED.

  10. #35
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    Mar 2008
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    Quote Originally Posted by GUI-Admin View Post
    We have never snooped through peoples files, however we did perform daily virus scans, and were sometimes obligated to go through theire files and quarentine the file.

    However, we DID view theire websites to make sure nothing is "bad". Which could be considered public information.
    No no no, dude, wait.. You missed the question.

    You had a client/customer hosting child pornography pay you a $100 fee so you DIDN'T report them to the police/authorities? What the hell...

  11. #36
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    Quote Originally Posted by Josh A View Post
    No no no, dude, wait.. You missed the question.

    You had a client/customer hosting child pornography pay you a $100 fee so you DIDN'T report them to the police/authorities? What the hell...
    Where else but on the internet is the price of keeping quiet about Child Pornography, only $100.
    Children are Priceless, WTF was GUI-Admin thinking ?
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  12. #37
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    Quote Originally Posted by GUI-Admin View Post
    We did however run into a guy who was doing child pornography. We suspended his account and charged him a $100 fee for not reporting that it was a pornography site. (we charged a $100 deposit fee for any high risk website). We emailed him and said his content was unacceptable and he was strongly urged to remove that section.
    I think what he meant was he charged them $100 for lying about not having child pornography. That was the way I took it anyways.
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  13. #38
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    Quote Originally Posted by larwilliams View Post
    I think what he meant was he charged them $100 for lying about not having child pornography. That was the way I took it anyways.
    So you think when he said
    We suspended his account and charged him a $100 fee for not reporting that it was a pornography site. (we charged a $100 deposit fee for any high risk website). We emailed him and said his content was unacceptable and he was strongly urged to remove that section.
    He meant to say:
    We did however run into a guy who was doing child pornography. We suspended his account and then charged him a $100 fee for not reporting to us, that it was a pornography site. (we charged a $100 deposit fee for any high risk website).

    Am I mind reading correctly ? or is this version just wishful thinking ?

    We emailed him and said his content was unacceptable and he was strongly urged to remove that section.
    Why would your be so polite to this scumbag ?
    Just terminate his account & report him to the authorities, then if you want, you can tell him, although I'd wait until he's in jail before I told him, don't give him any warning he's about to be 'busted'.
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  14. #39
    Quote Originally Posted by Brian-de-vie View Post
    So you think when he said
    He meant to say:
    We did however run into a guy who was doing child pornography. We suspended his account and then charged him a $100 fee for not reporting to us, that it was a pornography site. (we charged a $100 deposit fee for any high risk website).

    Am I mind reading correctly ? or is this version just wishful thinking ?

    We emailed him and said his content was unacceptable and he was strongly urged to remove that section.
    Why would your be so polite to this scumbag ?
    Just terminate his account & report him to the authorities, then if you want, you can tell him, although I'd wait until he's in jail before I told him, don't give him any warning he's about to be 'busted'.


    We charged $100 to all high risk websites. That $100 was basically a full refundable deposit (if the hostee were to go elsewhere). It was simply to be a "down payment" to any server damage that may happen. (Hackers). IF he broke the law, the $100 is then non refunded.

    We suspended the site, told him to disable the section (he had other legit sections). He refused. Without a prior warning to him, we than contacted the authorities, and gave the police login information to view the content without bringing the site online to the public.

  15. #40
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    Ah, then I misunderstood what you posted, and owe you an apology.

    However...if we learn of child porn on our systems, it will be removed immediately, the site suspended and the authorities contacted. No tolerance whatsoever for that.
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  16. #41
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    Quote Originally Posted by bear View Post
    Ah, then I misunderstood what you posted, and owe you an apology.

    However...if we learn of child porn on our systems, it will be removed immediately, the site suspended and the authorities contacted. No tolerance whatsoever for that.
    Ditto,

    and we don't allow any 'adult content', even if it's legal, we only deal with legit businesses.
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  17. #42
    Join Date
    Jun 2002
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    So moral of the story...

    - Your AUP/TOS should state exactly what conditions must be met by those hosting adult material.
    - Your AUP/TOS should state that you reserve the right to inspect any files hosted on the server. I agree with the others that this is the responsible thing to do, but it's a lot less of an ethical gray area when you tell people up front that you do it.
    - People should read threads carefully without jumping to conclusions.

    My (past) hosting business was just clients I knew, so it was never an issue, but my understanding is that a lot of places prohibit porn for the same reason they prohibit IRC: it's a lot more probable that they'll face attacks, traffic spikes, or other things that might disrupt other customers. Just something to consider.

  18. #43
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    Quote Originally Posted by fog View Post
    So moral of the story...

    - People should read threads carefully without jumping to conclusions.
    And Most Importantly, people should post clearly so no mind reading is required especialy on a subject as emotive as Child Pornography.
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  19. #44
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    Quote Originally Posted by Brian-de-vie View Post
    Ditto,

    and we don't allow any 'adult content', even if it's legal, we only deal with legit businesses.
    Porn can be a legit business too. Look at the likes of Vivid Productions, Hustler, Red Light District Video and Zero Tolerance Entertainment to name but a few.

    If porn was not legit do you not think it would be illegal? But going by the government in the UK it soon will be.

    Paul

  20. #45
    I could be mistaken, but I beleive there are stricter record keeping laws when it comes to pornography hosting. Me personally, I would not allow it, nor do we plan to with my startup. However, in keeping with good business protection practices, I would require that site owners of pornographic material follow the same practices as SSH. A copy of their ID for your records. That way, if the Feds DO come knocking on your door, you have something to give them (in addition to the servers they are going to take (weather you give them or not) for 80 years so their Forensic Techs can spend 8 hours a day looking at one file per day)

  21. #46
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    Quote Originally Posted by DephNet[Paul] View Post
    But going by the government in the UK it soon will be...
    Effects of the future integrated-sharia laws I presume
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  22. #47
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    Quote Originally Posted by BurakUeda View Post
    Effects of the future integrated-sharia laws I presume
    Luvly............

    Being a bit of a 'Free Spirit', there is no moral issue with legal 'Adult Material', for me.

    But my business perception is that 'Technical problems' will be more common, and more importantly, the types of businesses we deal with, would [understandably] boycot me, if they were to find out, that they 'share' with porn kings.

    Then of course I also avoid any legal ambiguity, I am the dictator of what is acceptable to be hosted by us.

    I use the same restrictions for ALL unwanted content, weither its Porn, Hate, Copywringt etc.

    I do not waste good time or good [lawyers] money on making assesments, and I minimise the risk of being 'busted' for any infringements, that I did not understand.
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  23. #48
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    Quote Originally Posted by DephNet[Paul] View Post
    Porn can be a legit business too. Look at the likes of Vivid Productions, Hustler, Red Light District Video and Zero Tolerance Entertainment to name but a few.

    If porn was not legit do you not think it would be illegal? But going by the government in the UK it soon will be.

    Paul
    Totaly agree, so I'll let you and others, host them
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  24. #49
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    Mar 2006
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    Quote Originally Posted by hartzellbrent View Post
    After going through our accounts and briefly viewing the websites we host to make sure there isn't and "bad" content, I have noticed the there is a lot of pornography on our servers. Are there any rules or regulations I should note in our policies? Any suggestions would help. Thanks
    Child porn and bestiality is illegal in the states. With that being said there is also a very thin legal line that you have to walk. Mainly regarding to DMCA content though. If you routinely go through your servers looking at your users content, discover illegal material and remove it thats fine. However you cannot now stop this practice and must continue doing it all the time. If you stop doing it you will forfeit your safe harbor clause in DMCA. If someone sends you an *anonymous* report of such illegal files then you can act and remove the content. if you remove it on your own will because your looking around on the server thats not a very smart idea and you can open yourself up to all sorts of legal problems down the road if you have been proven to monitor your servers content etc.

    Consult with your attorney/lawyer about these practices and I am sure you'll hear something along the same jingle.
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  25. #50
    I honestly wouldn't care one way or the other what someone hosts as long as it isn't illegal. maybe consider putting something in your TOS that they assume full liability for their content. The only problem I can see is that it is copyrighted to someone else.

    If you have no problem comming through with what you set their quota to I wouldn't worry about it.

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