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  1. #1

    Reseller with UPTIME Guarantee in TOS

    I am looking for a reasonably priced Reseller with their uptime guarantee posted in their TOS.

    I can see that many Reseller hosts do not put this in there for the obvious reasons. Even Host Gator seems to forget to include this, yet it is all over their site.

    I have a bunch of specific clients that need that TOS and uptime guarantee information included.

    Does anyone recommend a great Reseller host with Cpanel that includes a good uptime in their TOS. Support to the resold would be a bonus but I am not asking for everything

  2. #2
    Hi talkhostrunner,

    I doubt any host will put that in their Terms of Service (TOS) this is an agreement between the client and the host upon signup. Therefore, if there is a breach of contract on either party they are held liable no matter what the situation is. This includes ddos attack, abuse, failed hard drive or hardware, uplink issue, among other things.

    If a host does have it in their TOS they will be held liable and you can actually take them to small claims court if it is breached.

    Therefore, to sum it up if you do find a host with it in their TOS then basically they will be charging over $10000+ to cover losts if sued. Or they are an amateur trying to make quick buck, or in another country where you can not touch them legally.

    You will find it in the Service Level Agreement (SLA) where you are entitled to any compensation if the level is not met.
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  3. #3
    Join Date
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    Quote Originally Posted by clanosiris
    Hi talkhostrunner,

    I doubt any host will put that in their Terms of Service (TOS) this is an agreement between the client and the host upon signup. Therefore, if there is a breach of contract on either party they are held liable no matter what the situation is. This includes ddos attack, abuse, failed hard drive or hardware, uplink issue, among other things.
    If the TOS states that the host can not be held liable for XYZ issue, then no court is going to go against that.

    Example: If a provider has something that states "If DDoS is determined to be the cause of unscheduled downtime, SLA crdits are not issued. <Insert short explanation as to why DDoS can not lead to SLA credits>

    It is the same with force majeure. Most providers will have something in their TOS that states they can not be held liable, if the cause of downtime/loss of data is 'acts of god'.

    Simon
    EIRCA Ltd, home of The Genius Network™.

  4. #4
    I totally understand the legal side of it. Yet if they state one their sales page that they are 99.9% uptime guaranteed, then why wouldn't they put that in their TOS with the underlying notes about possible acts of god, etc?

    I see it as a way of telling people there is a 99.9% guarantee to make a sell and then if the SH*T hits the fan they can just opt out of the promise since it isn't in their actual TOS.

    Or am I overthinking this? I personally do not need it but have some strict corporate clients tht need that promise to use a host. So it is for them I hope to get a TOS with something about these details. I guess just a good "Downtime" TOS disclaimer is better than nothing.

  5. #5
    Read this line for instance:

    HostGator.com makes no warranties of any kind, expressed or implied for services we provide. HostGator.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostGator.com and its employees.

    That basically says "Our employees can screw things up and it doesn't count"...so forget that 99.9% uptime we said we had

  6. #6
    Hi IHSL,

    My point is that no host wants to be held liable for their uptime regardless of any event. No matter if they guarantee a 99.9% there will be instances in their TOS stating they are not held responsible if such and such happens. Therefore, I was pointing out the liability issue that no hosts want to be held responsible for.
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  7. #7
    Join Date
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    I'm surprised you're finding that hosts aren't putting advertised guarantees in formal writing. We talk about "preventable downtime." I don't think you'll find anyone who says "we will provide 100% uptime and if for any reason there's downtime, we'll compensate you with X" - unless you pay for extremely high quality service like Rackspace - but then you also pay the necessary price.

  8. #8
    Join Date
    Sep 2000
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    If find it interesting that many Hosters will state an 'Uptime Guarantee' of some kind but no mention of any details. This is similar to the Marketing gimmick of 'unlimited' whatever for a Hosting package, all show, no go. Without details of any type Guarantee -- this is what we guarantee and if not, then this is what we will do -- then there is no Guarantee.

    I would suggest looking for a Hoster that provides Uptime stats from a 3rd party preferably but Uptime stats of some kind are much better than nothing. Usually a much better indicator as well, of the Service offered.

    Normally, Features / Price / Support can be checked out before signing up with anyone. The last point to consider, Service or Uptime, cannot usually be determined until one actually starts using it.

    Various places allow for Free or Paid uptime monitoring and these three provide both:

    http://easymonitor.com/
    http://siteuptime.com/
    http://host-tracker.com/

    Using a combination of all on one Hoster or each on different Hosters, can give you a good idea on their Service before using them. And, as people are quick to complain and slow to praise -- just the way we are I guess -- look for a Forum at your potential Hoster. Reading through various posts will give a good idea of how other people judge the Hoster along with how they reply to posts.

    Overall, research and patience are two important tools when checking most things, Hosting or otherwise.
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  9. #9
    Join Date
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    Without details of any type Guarantee -- this is what we guarantee and if not, then this is what we will do -- then there is no Guarantee.
    True. However, many customers will interpret such an uptime guarantee as a "minimum level of uptime", which is exactly the idea that some hosts want to falsely portray.

    The never ending wonders of marketing.

  10. #10
    Yea , and some are stated " Network uptime", not server uptime... so beware.

    And on the other side of the scale you have clients they state " I've lost tens of thousands of dollars from downtime. " and you notice they are on a $9.99 monthly reseller account.

    "you reap what you sow"
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