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  1. #1
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    How Not To Copy A Web Hosts ToS!!!

    Just been having a browse round and found this - http://www.i-websolutions.co.uk/terms.html

    Now take a look at the second paragraph:

    Acceptance of the Contractual Agreement means that you , the client, agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by TXO Unlimited, that you are agreeing to our TOS and AUP. No Modifications of said contract by customer is allowed.
    Now since the company is called I-Web Solutions, i though it was pretty weird. Everything else in the ToS points to I-Web Solutions.

    So i Gooooooogled for "TXO Unlimited" and found the following host - http://www.txohosting.com with a ToS at http://www.txohosting.com/index.php?go=tos

    Now im not being funny or anything, but id say im pretty sure that I-Web Solutions have copied the ToS off TXO Unlimited from the looks of things. Anyone agree?

    Lol, its wrong to copy another web hosts ToS, its plain stupid to leave thier name in it
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  2. #2
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    Do you just read ToS document's all day? Well that is really stupid on I-Web Solutions part, shows how much effort they put into their ToS.
    Michael MacKinnon
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  3. #3
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    Originally posted by 93.3
    Do you just read ToS document's all day? Well that is really stupid on I-Web Solutions part, shows how much effort they put into their ToS.
    no I was just having a browse, nothing better to do at the moment, but the TXO bit kind of jumped out at me lol
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  4. #4
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    Originally posted by Sash!
    no I was just having a browse, nothing better to do at the moment, but the TXO bit kind of jumped out at me lol
    Well I am glad I don't get that bored
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  5. #5
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    Pretty funny to say the least.
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  6. #6
    Do you guys think they know what their "COPIED" TOS even say? Heh =D
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  7. #7
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    Absolutely hilarious!

    You should confront this company, see what kind of answer you get.
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  8. #8
    before you think the worst, the companies could be related somehow.

    Many hosts offer private label services and use the same TOS. Just could be a copy and paste job, but legit.

    Just guessing here...

    But I really should think the worse as we have had the same thing happen to us.

    Somebody copied our TOS and "forgot" to remove our name.
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  9. #9
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    We had it happen enough that we finally put a disclaimer that they're free to use the tos; but to make sure they remove our links. It's seemed to have helped. Although, I think it's just shooting ourselves. Because we used to get traffic from someone clicking a link in a different host's tos.
    There is no best host. There is only the host that's best for you.
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  10. #10
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    come on now, who doesn't copy other peoples TOS? There mainly all the same anyhow, why re-invent the wheel?
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  11. #11
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    Quote Originally Posted by Bub Host
    come on now, who doesn't copy other peoples TOS? There mainly all the same anyhow, why re-invent the wheel?
    If you think they're all the same, you haven't read many.

    If you think it's okay to steal someone else's work, you still need to read more.



    As for the host in question; as has been mentioned, they could be an affiliate or have permission.
    Last edited by SoftWareRevue; 04-10-2004 at 06:27 AM.
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  12. #12
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    If you think it's okay to steal someone else's work, you still need to read more.
    lol, most TOS's are copied from somewhere else and modified, not everyone can afford a lawyer to make one up. I would say 5% of TOS's are original, the rest were copied from somewhere else, so your basically copying a copy from a copy
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  13. #13
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    And where did you gather these statistics?
    There is no best host. There is only the host that's best for you.
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  14. #14
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    The most important words of my post were:
    I would say
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  15. #15
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    I thought my TOS were the most important, so i paid to have some made for me. Ok so i didn't pay much because i new someone who could do it cheaply, but i didn't want to steal anyone's TOS, because by doing so you are essentially 'stealing material' of someone elses site, which is plain cheap in itself. On saying that however, i know more than a few hosts personaly who have openly admitted stealing someone elses TOS and thought it was ok.
    Richard Kelly
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  16. #16
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    Originally posted by [HC]Rick
    I thought my TOS were the most important, so i paid to have some made for me. Ok so i didn't pay much because i new someone who could do it cheaply, but i didn't want to steal anyone's TOS, because by doing so you are essentially 'stealing material' of someone elses site, which is plain cheap in itself. On saying that however, i know more than a few hosts personaly who have openly admitted stealing someone elses TOS and thought it was ok.
    I personally have not stolen a TOS, I got permission to use mine. However, there are about 3 styles of TOS that are found all over the internet which are so common and similar that they are most likely in the public domain, and not really owned by anyone.
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  17. #17
    Well, it seems they have now updated their TOS with their company name now. It really doesn't bother me, but better care could be taken. lol

    It's gonna happen, and it won't stop here. My TOS actually follow the TOS of a partner company. The one in question isn't a partner, but maybe they wouldn't mind giving me a cut if they're gonna use my TOS. lol

    Thanks to whomever for pointing this out to me by email.

    I'm not familiar with the site, but it may be someone I've conversed with, who knows.
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  18. #18
    Hi TXO,

    I conversed with you via PM over at clientexec forums

    Not sure what Matty's big deal was tbh, a simple mail (which he did actually send) pointed it out, and was changed.

    Thanks
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  19. #19

    Don't copy ... paraphrase it!

    Greetings!

    Actually, as I have observed, there is no such thing as a unique TOS. All of them contains basic elements. So instead of copying word for word, you can simply get the whole idea and state it in your own words.

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  20. #20
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  21. #21
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    Originally posted by Bub Host
    lol, most TOS's are copied from somewhere else and modified, not everyone can afford a lawyer to make one up. I would say 5% of TOS's are original, the rest were copied from somewhere else, so your basically copying a copy from a copy
    I guess only 94.9% were copied until you put yours up?
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  22. #22
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    Originally posted by coreybryant
    This site might some people: http://www.hostlegal.com/
    But is it? I prefer to get my lawyer to draw my contracts upÖ Itís something I donít need to worry about
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  23. #23
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    Is it what? Yes I myself, I would prefer an attorney but some people cannot afford them & need a little extra help. This site might provide that help.
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  24. #24
    now who here will give me permission to copy their TOS?
    anybody?
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  25. #25
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    Originally posted by coreybryant
    Is it what?
    Legal--Stand up in court--
    Last edited by desman; 05-29-2004 at 10:14 AM.
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  26. #26
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    This should help to answer your question desman: http://www.hostlegal.com/faq.htm
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  27. I am not a lawyer but I do watch them on TV.. Actually I know a little about it and in the USA at least you cannot copyright legal documents. If one lawyer comes up with a brilliant contract then others can copy it. It just makes sense, if one format is correct you cannot prevent others from using it because it is the correct one. Therefore, it may be illegal or at least unethical to copy and past someones entire tos webpage but the content of the page is not copyrightable because it is a legal document.

    My 2cents
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  28. #28
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    Well they shouldnt be copied word for word but yes ive seen hosts who look at sites like Interland, Ipowerweb and other established hosts to see what they include in their TOS, hosts also check for their competitors and see how they differ from them and if not much they copy (vicev ersa). Lawyers and legal proceedings take some time, a TOS that covers you completely doesnt come up in a day or so, you have to forsee the future and what would happen if something went wrong. Companies who dont want to waste time on TOS simply change words from theasuras and add synonyms to make it look .004% different.
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  29. #29
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    Which is really all it takes to make a copywrited document yours. You only have to change so much for it to be "different" in the eyes of the U.S. court systems.

    Though you must change more than just company names
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  30. #30
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    Yea other than company names, different hosts have different plans, so most people just copy paste the names and then to their surprise someone will point out restrictions for dedicated servers when you actually dont even sell any dedicated servers!
    "Web Hosting is not just about selling space, it is about facilitating customers needs with your plans and supporting the customer for a long lasting mutually beneficial relationship."- Yaser
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  31. #31
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    Why people say all TOS are the same? Each compnay has diffrent terms and polices. The rules I have many not be the rules you want to have and the same thing around.

    There are SOME bases in all TOS, but each one should be diffrent to match the TOS for that company.
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  32. #32
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    No they are not saying all companies have same but talking about a few of those that copied without even bothering to make the appropriate changes, or atleast that was the intention of this thread showing copied TOS. I agree with you at some point the TOS terms are similar but as mentioned previously companies do that because they think TOS is not a big thing or they think they dont have enough time to dedicate to something this serious. A good TOS can save alot of hassels in bad/good times.
    "Web Hosting is not just about selling space, it is about facilitating customers needs with your plans and supporting the customer for a long lasting mutually beneficial relationship."- Yaser
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  33. #33
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    Originally posted by Yaser
    A good TOS can save alot of hassels in bad/good times.
    Yep, that is the buttom line.
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  34. #34
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    Ive seen many people they dont read the TOS carefully if at all and later they complain or break the rules of TOS.
    "Web Hosting is not just about selling space, it is about facilitating customers needs with your plans and supporting the customer for a long lasting mutually beneficial relationship."- Yaser
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  35. #35
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    Tos structure are mostly the same, bandwith usage, allowed contents, refund policy, account termination..etc

    people can just grab couple copies of ToS and merge them into one unique one, change the numbers and name.....etc.
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  36. #36
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    i recon it would be a good business to create TOS templates and sell them onine for real cheap
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  37. #37
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    PixelPaul you might have just given someone a business idea

    I would recommend anyone who has the money to spare on a lawyer to get their TOS done properly and file it with the legal consultant just incase of any glitches in the future
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  38. #38
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    i know a friend who does copywriting and all the legal stuff for these type of things...

    soon to open..... www.TOS-templates.com
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  39. #39
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    Originally posted by Devil Inside
    Which is really all it takes to make a copywrited document yours. You only have to change so much for it to be "different" in the eyes of the U.S. court systems.

    Though you must change more than just company names
    IANAL but AFAIK that is one of the biggest myths around, if you just take another document and change words etc. and maybe re-arrange the paragraphs a little, then you're actually creating a derivative work - In which case, you're still stamping on someone elses copyright and could easily land in trouble.
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