Web Hosting Talk : Web Hosting Main Forums : Web Hosting : i2C - Internet Infrastructure Coalition : Hosting Provider Contract Upheld - Whitnum v. Yahoo, Inc.

[Dave Zan]

A thousand pardons since I've been meaning to post this here for some discussion and learning back in October. But...I forgot.

Anyway, feel free to read the decision below:

http://www.ilrweb.com/pfdocuments/il...um_v_yahoo.pdf

While it's no guarantee that other courts will decide it in the same manner as the NY Supreme Court did in that dispute, that oughta give you an idea what you're possibly up against.

End users, one moral lesson you can get from this is RTFP and ask questions before jumping in. Hosts, make sure your contracts are specifically worded, easy (?) to understand, and in compliance with your jurisdiction's applicable laws.

Enjoy.

[DATARTIM]

I have to say it was the right decision, but then you shouldn't have a site you know is going to have press exposure hosted with yahoo.

I think people tend to forget that a terms of service that you click " I agree " to is a real and legally binding contract and should be treated as such.

[Dave Zan]

Originally Posted by FHH - Tim

I think people tend to forget that a terms of service that you click " I agree " to is a real and legally binding contract and should be treated as such.

Especially US-based users who might not be aware of the e-signature law.

For those who might be wondering what's the decision about, in layperson's speak a lady sued Yahoo for shutting down her website because it was more than they could handle (resource and all). Yahoo's contract practically saved them from liability due to disclaimers and what not.

No doubt some end-users would think this is unfair. But it all boils down to knowing what you're doing and getting yourself into.

[ldcdc]

Hosting Provider Contract Upheld

It is definitely interesting to read about a court's rule regarding such an important contract clause.

Looks like Yahoo's lawyers know their stuff.