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  1. #1

    What's the legal side of web hosting?

    Alright. So now I'm going to start hosting some people...

    What's the legal way to do web hosting without getting the company into any trouble?

    I don't know much about starting specifically a web hosting business, so any tips on how to make a good TOS and keeping the company legally running would be great.

    Thanks
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  2. #2
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    You should never take legal or tax advice from anyone other than someone who is a licensed professional.

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  3. #3
    Yeah I would suppose that's true...

    Was just looking for ideas, etc... I will have to confirm any of this with a professional before I do anything more.

    Thanks
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  4. #4
    Join Date
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    As far as a ToS goes a good place to start is the ToS your company agrees to for your account.
    This is assuming that you have a reseller/vps/dedicated server account with someone and are not in your own datacenter.
    Your ToS for your customers should be compatible with the ToS you agreed to.

  5. #5
    Quote Originally Posted by AH-Tina View Post
    You should never take legal or tax advice from anyone other than someone who is a licensed professional.

    --Tina
    Agreed.

    What you can do is take a look around the web and then make a tos with the key points you want in there and take it to a lawyer to use as base for what you want and then he can make it all legal and correct.
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  6. #6
    Join Date
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    I believe there are a few posters on this site who are lawyers and offer such a service, so they could probably help you with the finer details.

    My general advice would be to look at your personal liability. Set up the business entity so you are not personally liable for things (i.e. don't do a sole proprietorship). You don't want to risk your personal assets on this.

  7. #7
    Alright so what I got out of this is, I need a strong TOS to support all my beliefs for the company.

    And of course for every business I'm sure it's important in all ways to have a lawyer

    Thanks guys/gals!
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  8. #8
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    Really depends on your local laws...

    For example in the UK you would be required to provide a Privacy Policy (i.e Data Protection), your Terms and Conditions, your contact information (if you are a limited company or PLC) and several other things, it really depends on the product being sold and what you are promising. For example, you may require a "fair usage policy".

  9. #9
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    I would definitely have a TOS, Privacy Policy and AUP. And course, I wouldn't host anybody who breached any of these policies. I would also check with you datacenter provider to see what their AUP and TOSs are to make sure you conform or fall within to them.
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  10. #10
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    The most important thing you want to accomplish with a terms of service is to indemnify yourself in cases out data loss or service outages.
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  11. #11
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    Quote Originally Posted by RH-Scott View Post
    Really depends on your local laws...

    For example in the UK you would be required to provide a Privacy Policy (i.e Data Protection), your Terms and Conditions, your contact information (if you are a limited company or PLC) and several other things, it really depends on the product being sold and what you are promising. For example, you may require a "fair usage policy".
    For the UK I'd agree with all of that, but even if your not a Ltd. co. you stil need to give access to your 'Office' Address, if you intend to sell on line, 'Distant Selling Law' [getting old can't think of the full correct terminology].
    Even without the Law, it sucks not to give out an office address, on your website.
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  12. #12
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    Quote Originally Posted by Shaw Networks View Post
    The most important thing you want to accomplish with a terms of service is to indemnify yourself in cases out data loss or service outages.
    And that you keep the right to suspend any account for excess resource use
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