I'm looking for a little advice here. This morning someone signed up for one of our plans. This person added ID protection to the order and paid via Bitcoin (Bitpay portal).
Now, when this person started uploading their site, we started getting a little worried about the content they were uploading. All plain text, but it seemed to be a copy of an old forum, dedicated to "how to make drugs". I won't go into too many details, but Silk and TOR were mentioned.
Is this illegal? We're hosting in Canada, the customer is from the US.
My judgement says the customer is walking a fine line. They're not promoting drugs, they're not selling/distributing it. They're just _talking about_ how to make it.
Not sure how to handle this, so any input is appreciated..
Your TOS should include a section of prohibited content - which should include "content related to illegal drugs" or something of that nature. Whether or not the content is legal isn't as big of a question as whether or not you are comfortable hosting it. It's your server, you have the final say as to what people can/can't do on it. Personally, I would stay away from it. If they are in fact discussing anything illegal, you could find yourself at the end of a subpoena or a request to install a little black box on your network to monitor their activity. It's not worth the hassle.
I agree with Andy. You need to have something like that in your terms of service. If it is questionable to you, I recommend not letting it happen. Personally, it is against our terms of service, so I would not allow them to have that kind of content on our servers.
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If your against drugs and don't want any content on your site to deal with the word or saying of drugs then I highly suggest you to mention this in your terms of service that no content affiliated with drugs are to be discussed or hosted on your servers.
(We have) the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT's third-party.
That's where the fine line comes in. How does one define "promotion of illicit drugs".. They're not promoting it as in advertising, or "You should do this, because it's awesome". It looks a lot more like the chemistry behind making the drugs.. I mean, it's ok to talk about how to make firecrackers, or something bigger than firecrackers, although illegal, would someone be arrested for that?
I mean, it's ok to talk about how to make firecrackers, or something bigger than firecrackers, although illegal, would someone be arrested for that?
It doesn't matter. The first thing to remember is with any website, the content may be legal in one place, and illegal in a different jurisdiction/country than where your servers are located. If the content is accessed from a location where it is illegal, you can still wind up in the legal crosshairs as the hosting provider.
We get asked this question a lot because we have a data center in Iceland. People think if they host on one of our servers in Iceland they are immune from the NSA/US laws. Such is not the case. We are still a US-based company and we would still be compelled to hand over data/shut down a site in Iceland if provided with the proper warrants/etc.
The same goes for you, especially since you -know- there is the potential for the content you are hosting to be illegal. Knowing and allowing it to continue being hosted could make you culpable in a court.
PoppenDesign has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT's third-party.
Discussing the manufacture of illegal drugs is considered promotion of illicit drugs and, therefore, this client is in violation of your business terms of service and should be terminated as such.