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Thread: Legal Stuff

  1. #1

    Legal Stuff

    If your stating a web hosting business, is it a must to have Terms and Conditions, Privacy Policy and other legal stuff posted on your site?

    What happens if you don't?

  2. #2
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    You're asking for lawsuits if you don't have a terms of service.

  3. #3
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    It basically backs yourself up and your client aswell. I wouldn't feel safe going to anyone who never had any Policy(S). Anything could be done with my information which I provide to you and so forth.

  4. #4
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    Terms and Conditions ensure both parties know what they can and cannot do, and determines any level of notice needed to be given for specific issues and/or problems
    Without this a potential customer will be vary wary and probably not purchase
    Equally, if a customers account was suspended or terminated, even with notice, the customer could claim against the provider as there were no terms of service agreement

    A Privacy Policy defines whether specific details are sold and/or published, and in some countries that specific data protection laws are adhered to and/or who to contact for data information
    It can also define if cookies are in use

    Depending on your setup you may also require to include an Acceptable Use Policy

    Depending on which country you are in, even with all of the above, you may want to purchase personal indemnity insurance, so that if a customer disputes this and takes the matter to court you are covered
    Here in the UK such a policy can be purchased for about 80 t 100 and most have a nil excess
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  5. #5
    Also, if you are creating a Privacy Policy and Terms and Conditions, do you need a lawyer to help you write those up?

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    Quote Originally Posted by andrecamp View Post
    Also, if you are creating a Privacy Policy and Terms and Conditions, do you need a lawyer to help you write those up?
    Not that I am aware off There easy enough to right up yourself.

  7. #7
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    Quote Originally Posted by TMcKeon View Post
    Not that I am aware off There easy enough to right up yourself.
    Yeah, why bother making sure your Terms of Service are actually LEGAL and protect you from being sued when you can do it yourself for free?

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    Quote Originally Posted by AH-Tina View Post
    Yeah, why bother making sure your Terms of Service are actually LEGAL and protect you from being sued when you can do it yourself for free?

    --Tina
    I ment write them, not check them. Sorry I would advise you to check them to make sure their legal not that many hosts don't now-a-days.

    Write them not check them. This is why I am saying they are easy enough to write them yourself.

    Quote Originally Posted by andrecamp View Post
    Also, if you are creating a Privacy Policy and Terms and Conditions, do you need a lawyer to help you write those up?

  9. #9
    If you were to copy the Terms and Conditions of a large hosting company, would that be able to protect you? Like a largely trusted one that most likely got a lawyer to check it?

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    Quote Originally Posted by andrecamp View Post
    If you were to copy the Terms and Conditions of a large hosting company, would that be able to protect you? Like a largely trusted one that most likely got a lawyer to check it?
    I would never recommend copying from another company

  11. #11
    What if you use like 5 different large companies and looked over both of them and rewrote them?

  12. #12
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    Quote Originally Posted by andrecamp View Post
    What if you use like 5 different large companies and looked over both of them and rewrote them?
    Are you going into business or are you cobbling stuff together to make a quick buck or two? You have to decide for yourself how important this is to you. We can't do it for you.

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  13. #13
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    I don't believe in copying from other companies to be honest with you. It is best to do everything yourself from scratch. Perhaps you could find something as a guideline if you're really lost?

  14. #14
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    I would recommend getting a lawyer. Those documents are there to protect you and your company, I would be kicking myself if I ended up get sued because I did not want to spend the money upfront to have a lawyer come up with a good document.

  15. #15
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    Id say look at other companies if you really need to and get an idea of what you need to include, but dont go copying blocks of their text or attempt to rewrite it.

  16. #16
    Quote Originally Posted by AH-Tina View Post
    Are you going into business or are you cobbling stuff together to make a quick buck or two? You have to decide for yourself how important this is to you. We can't do it for you.

    --Tina
    This is important to me, I am just wondering how I would go about doing the legal stuff to start a business.

    Quote Originally Posted by TMcKeon View Post
    I don't believe in copying from other companies to be honest with you. It is best to do everything yourself from scratch. Perhaps you could find something as a guideline if you're really lost?
    Thanks. That is what I should have thought of before.

    However, I basically wanted the Terms and Conditions from big companies as a guideline. Not really to copy them and stuff.

  17. #17
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    These are really great scripts

    http://www.hostlegal.com/

    THey give you a good terms, aup, policy, faq, etc....

    Look at them we use there script plus we use our data center terms..
    Jason

  18. #18
    Does anyone else use host legal, and can anyone else tell me there opinions on it?

    And what format do these documents from hostlegal come in? HTML, PHP, DOC? You called them scripts and that makes me confused...

  19. #19
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    Scripts, I mean scripts as in just simple files that have been made that you can buy to post them on your site. They come in word doc file format. They are extremely nice, ive made a very big faq in my billing system with these files for cPanel/WHM use.
    Jason

  20. #20
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    I found a range of free website business templates here :
    http://www.website-law.co.uk/documents.html
    Primarily they are for use in the UK, but can quite easily be amended for any country

    Templates include :
    Website Disclaimer - a short notice covering the basic legal issues which arise out of the use of a website
    Website Terms and Conditions - designed for use on websites with basic interactive features, such as blogs, bulletin boards and forum-based sites. It may be unsuitable for more sophisticated interactive websites and it is not sufficient for use on websites which feature paid subscription
    Website Privacy Policy - designed for use by websites which collect some personal data - but which do not collect sensitive personal data and do not make any unusual uses of the personal data which they collect
    Terms and Conditions to cover the sale of goods - However, there are a lot of circumstances where they will not be appropriate
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  21. #21
    Which is better, Website-law.co.uk or hostlegal.com

  22. #22
    I'd suggest at least talking to a lawyer that knows the business about the costs and details of getting them set up. I'm sure if you searched the boards here you'd find some. One that I know a number of hosters use is David Snead (http://www.dsnead.com/).
    Frank Stiff
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  23. #23
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    Quote Originally Posted by andrecamp View Post
    Which is better, Website-law.co.uk or hostlegal.com
    Depends the .co.uk is for the UK the other looks as if its for the USA. I'd go with hostlegal. That's what I did as I am doing bis in the USA if your doing bis in the UK go with website-law.co.uk
    Jason

  24. #24
    Also, one more question.
    Is Terms and Conditions "NOT" considered a contract because hosts which Terms and Conditions talk about how they have no contracting and stuff.

  25. #25
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    They talk about no "contracts" to say you do not have to pay for a certain period of time and it is on a month to month basis. The TOS is still an agreement between the client and the host.
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  26. #26
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    Yup eclouds is right a contract binds you to say 2 months, 4 months etc. Most places do not do contracts due to people don't feel like being binded to an agreement and they want to be able to close there services at any given time. Some places make you give 30 days notice which is a very good deal.
    Jason

  27. #27
    Do applications such as ClientExec and WHMCS allow host managers to put clients into a contract so they can't pull out?

    Or do they allow the customers to pull out whenever or can you set it however you want?

  28. #28
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    You have to bill them. Use PayPal for contracts so paypal can go after them for money due
    Jason

  29. #29
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  30. #30
    Quote Originally Posted by andrecamp View Post
    If your stating a web hosting business, is it a must to have Terms and Conditions, Privacy Policy and other legal stuff posted on your site?

    What happens if you don't?
    You will be opening up your site to complaints and you will not have a legal document to cover your service and guarantees.
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  31. #31
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    Is the HostLegal site any good? I was going see if they were decent, but most of you recommend to get a lawyer?

    Let me know.

  32. #32
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    Hey i know lawyers are expensive (at least mine is) but come on which is better? spend a few hundred dollars or thousand dollars (no idea abt the pricing in us) to get a few contracts written or shutting down a business in which you put tons of work into???
    TOS, AUP, Privacy Policy are well a part of your company (any company which has end user payment etc), so strictly speaking you should not even be asking this question. But since you did, you got the answer .
    Good luck mate...
    @m4dm4n better get a lawyer. Primarily because they will know what you wanted and what you offer etc. So in case u need them later (god forbid) they will be familiar with your contracts etc.
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