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  1. #1
    Join Date
    Feb 2005
    Location
    Norway
    Posts
    391

    License agreements / TOS'

    Hi,

    When I first sign up with a host, and they didnt have and TOS, and then later make a TOS and add things like..
    If you spend unusal server resources we may suspend all your domains!
    would I be affected of this?

    Because when I signed up, I didnt agree to any TOS, as this tos still werent present at this time.
    And things like that.. I would never sign up with them if they had that in their tos when I signed up, neither would I sign up if their tos sayd they'd change their tos any time without notice.

    Now they have added a tos which they require all users to follow.. am I affected of this now, or not in any way?
    Because this was NOT there when I signed up.. although I guess I can't proov this either..


    Thanks in advance for all replies..

    ~UrlGuy
    Last edited by UrlGuy; 07-28-2005 at 05:59 AM.

  2. #2
    Join Date
    Mar 2003
    Location
    New York City
    Posts
    7,391
    Hi,

    Have you tried contacting the host? Ask them about this and see what they have to say, its a pretty tricky situation.
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  3. #3
    Greetings:

    1. If a host does not have a TOS ** and ** an AUP at the time you are thinking of signing up et al, then chances are extremely high the host is brand new.

    This comes with its own dangers.

    2. Typically a host does have the right to modify their TOS and AUP; however, any major changes should be communicated.

    Lack of communication should trigger red flags.

    Thank you.
    ---
    Peter M. Abraham
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  4. #4
    Join Date
    Sep 2004
    Location
    Northern Europe.
    Posts
    2,571
    I believe the short answer is : YES!
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  5. #5
    Join Date
    Apr 2004
    Location
    United Kingdom
    Posts
    301
    you should always print the tos when signing up for any paying service. This way you have proof for your claim. It is a very tricky situation were the host can just simply say its my word against yours.

    Talk to your host make sure you know your rights as a client there.

    Best of luck.

  6. #6
    Join Date
    Oct 2002
    Location
    EU - east side
    Posts
    21,913
    you should always print the tos when signing up for any paying service.
    heh, I wonder how many people go as far as doing that considering how many don't take the time to read the TOS.

    I believe the short answer is : YES!
    I think so too, mainly because the host will enforce it, and I doubt it would be worth it for the customer to fight the host's decision in court.

  7. #7
    Join Date
    Feb 2004
    Location
    Scotland
    Posts
    2,830

    Re: License agreements / TOS'

    Originally posted by UrlGuy


    Now they have added a tos which they require all users to follow.. am I affected of this now, or not in any way?
    Because this was NOT there when I signed up.. although I guess I can't proov this either..
    As you know about it now, then by staying with them you are agreeing with the terms posted.

    Originally posted by intek
    you should always print the tos when signing up for any paying service. This way you have proof for your claim. It is a very tricky situation were the host can just simply say its my word against yours.
    Best of luck.
    What was he supposed to print when he clearly stated that there was no TOS/AUP when he signed up?

    Also, printing a TOS/AUP is pretty useless really because most of them contain a clause that they can be changed at any time, meaning you are held under the current one, not the one you have printed.

  8. #8
    Join Date
    Jul 2005
    Location
    Tennessee
    Posts
    324
    Yes, but any decent host IMHO will let their customers know about TOS changes so they can stay up to date and print a new one if they wish. Communication is key.

  9. #9
    Join Date
    Nov 2004
    Location
    Wisconsin
    Posts
    148
    Most web hosts that I have seen have something like that in their TOS or AUP, however, you probably won't have to worry about that phrase in the TOS unless you have a large dynamic site or a lot of MySQL database connections at the same time. However, you need to be careful about that phrase with hosts that offer such plans as 2gb of space and 75GB of bandwidth for $3/month or something like that. Many times those hosts will use that phrase of the TOS to terminate your account when all you are doing is using most of your space and/or bandwidth because it causes problems with their massive overselling of the servers.
    ~ Nick

  10. #10
    Join Date
    Feb 2001
    Location
    West Michigan, USA
    Posts
    9,675
    Why is everyone here giving legal advice to the original poster? The only advice he should be given is "Check with your attorney to see what the law says in your part of the world and how it affects you, in this case."

    --Tina
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