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  1. #1

    Hows my TOS lookin'?

    Ok, I am sure I don't have everything in it... if you see something I need to add please please tell me. Also if I have bed english in it or spelling.

    Terms of Services
    Child Pornography
    We do not allow Child Pornography. If any Child Pornography of any kind is found on you site you will be terminated with no warning. Your contact information will be turned over to the proper Authorities.
    Adult Content
    We allow Adult content as long as it is legal. If we find porn on your site and it does not appear legal we will report it to authorities to determine if it is legal or not. If it is not legal we will remove it with no warning and terminate your site right away. Your contact information will then be turn into the proper authorities right away.

    Late payment
    If we do not receive your payment 5 days after the due date your site will be shut down and you will be charged a $10 reactivation fee. You will have no access to your files.
    Copyrighted Material
    If you have Copyrighted Material on your site that you do not have permission to have there we will give the Copyright owner your site and ask if they want anything to happen. If they ask for it to be removed I will send you an E-mail to you cPanel Contact E-mail and if I get no reply within 5 days I will be forced to terminate your account. If the copyright owner ask for your contact information I will hand it over.
    Government Hatred
    If you have any content Hating on any government we will turn over your contact information to the proper authorities. If it is bad I will have to suspend it and just turn the HTML, PHP or whatever coding language you used over to them.

    Illegal File Sharing
    If you are Sharing files (Warez) over your FTP, or HTTP we will suspend your account, report you to the proper authorities. They will receive all of your contact information.

  2. #2
    Join Date
    Nov 2002
    Location
    Hot, hot Michigan...
    Posts
    3,506
    Looks skimpy - include stuff about cancellation, modifications to the tos, cpu usage (shared users can't use 100% cpu, all the time can they?) DMCA stuff, and more to start with.

    Go through *your* providers TOS and make sure your users are limited in the same way - include the same stuff, in other words. If your provider doesn't allow IRC, neither do you.

    Best bet if you can afford it: gather all the stuff up that you can and bring it to a good contract lawyer
    Ion Web Services/TronicTech
    http://www.ion-web.com or Unsupported webhosting?!?
    Shared hosting, Reseller accounts, Dedicated Servers, and More
    Proudly hosting since 2002

  3. #3
    The reason I posted it is because I cannot afford a lawyer... thanks for replying. I will start working on it more.

  4. #4
    Ok dave... hows my add-ons look... and should I add more or change something?

    Server usage limitations
    You are not allowed to use more then 1.00 of the CPU. If your account causes then CPU to go higher then that you will be E-mailed to use less, and if you are still using that much in 3 days your account will be suspended. We will get into your files and lessen it our self's. You are also not allowed to run your Shared or Reseller account as an IRC server.
    Cancellation
    If you cancel at anytime we will not refund money. Unless you paid a few months/years in advance.
    Terms of Service Modification
    If there is ever a Modification to our Terms of Services we will send an E-mail to the cPanels contact E-mail. If you do not agree to the new Terms of Services you will need to contact [email protected]. When you E-mail them they will try to fix the problem, and if the problem is not fixed we will try to help you find another host.

  5. #5
    By the way I will be going with servermatrix... do I need to add something compaired to there TOS, and AUP?

  6. #6
    Join Date
    Nov 2003
    Posts
    682
    Get a lawyer, that TOS would be 100% useless in a court.

    It has horrible spelling & grammar, many of the terms are open ended and don't make sense. For example "1.00 of the CPU". Whats that mean? 1.00%? 1.00 Load (according to which tool?)

    You also used terms like "a little" and "a few". These are very vague. To you, a few months in advance might mean 24 months. To your customer it might mean 3 months.

    You also said "we would get in your files....". Bad idea, messing with the customer's files. If theres a problem, suspend the account and let them fix it.

    Your "copyright" section says that you will check the user's site for copyrighted materials. That means its YOUR fault and you are liable if there is copyrighted material on the server and you don't catch it. Do you want to make yourself liable for your customers copyright infringement?

    I would also change the phrase "Hating on any government". Too much slang. And you need to define exactly what "child porn" is and what "illegal" is. Does illegal mean where the customer is? Where you are? In the United States? In Sealand? In every place in the world?

  7. #7
    Join Date
    Nov 2003
    Posts
    682
    Also you haven't covered spamming, which isn't allowed by ServerMatrix.

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