Hello, as you can tell, I'm new to this community. Can't say I haven't spent endless nights staying up and doing my homework though, which is why i've become slightly paranoid about what some of the things in the TOS/AUP policies mean. If you could give me your opinion or you know for a fact what it means, I'd be grateful.
"By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted ***** the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on ***** retains any and all rights which may exist in such Content."
Maybe, since I'm pretty new to the hosting community, I just don't understand exactly what it means, but I plan to host my bands website. All the music, therefore, belongs to me. Nothing illegal by ANY MEANS. Does this mean that by uploading it, I'm handing my music's/images' rights over to the company if they were to choose so?
Whose TOS are these. I mean who is the company you are looking for. It will be much more effective if the company who have this listed in the TOS to explain this to you. You can get in touch with the support team of that company for this clause.
Hello again. The company is StaticHost. I dont hace 5 posts, so I can't link to it, but a google or yahoo search will bring it right up. Though they have very few reviews, they have only good reviews. They've got multi-types of support, which has always been prompt and friendly. (messengers, email, ticket system, forum) I really like the offer that they've given me and I definitely feel comfortable by their support team. I asked one of them if it means what I previously stated and I was told 'No, not at all.'. Now, I don't doubt what I've been told, but one can't help but be cautious these days. Is it safe to take a growing company at their word, when it comes to TOS term's as those stated above?
unfortunately, it's not that easy, regardless of what the company representatives say, many contracts have clauses that prevent any representation made by an employee holding the company accountable - in this case look at the bottom and you will find:
"This Agreement represents the entire understanding between you and statichost.co.uk regarding your relationship with statichost.co.uk and supersedes any prior statements or representations. You signify your assent to be bound by this agreement by using the statichost.co.uk web site."
Your first hunch was correct, you are not being paranoid - you are granting them (statichosts) a royalty free right to use your content, ANY CONTENT - even to sublicense it to others!! - they've messed up and need a new attorney
Thank you both for your replies. When it comes to an issue like this, very little bad IMO can out-weigh the good. I'm not unfair to deal with, I'm very easy to please. But when it comes to sharing the rights of my music/images/creations in general, I don't feel like it's a safe venture when there's even a remote possibility. I'm not sure anyone would feel particularly safe doing so. I'm going to go with my first instict and Gnax's understanding as well on this one. Never the less, I appreciate ALL advice.