Website registered in India and Hosted in Germany

mooglife · Post #1 (**permalink**) 07-21-2010, 09:36 AM

Hi,

Recently we decided to host our domain on German Server. The domain is registered in India.

Now our confusion is, if at all there are some legal issues with the website, under which jurisdiction the owner of the website falls.

I mean the lawyer having problem with our service will contact the Authorities in Germany or in India.

Thank you.

SenseiSteve · Post #2 (**permalink**) 07-21-2010, 10:37 AM

Maybe neither. This should be spelled out in your Terms of Service.

csn-uk · Post #3 (**permalink**) 07-21-2010, 12:11 PM

This has become somewhat of a grey area that has been defined in fairly recent events in various courts, that resulted in almost all hosts and similar businesses adding specific lines in their terms of service regarding court proceedings against their company as Steve pointed out.

This had happened due to the exploitation of the various user's countries' laws that may have been violated by a company who is instead governed by the laws of the country in which they reside and that of no other.

as a result as mentioned a line like the following are now very common: those wishing to engage in legal action regarding a product services or any form of interaction” with said company "may only do so within the country within which they are registered".

pingpipe · Post #4 (**permalink**) 07-21-2010, 02:24 PM

That largely depends if the problem they have is of a civil or legal nature. For civil matters the lawyer would probably contact the registrant as listed in the whois database. For legal infringements the authorities would probably contact the service provider first in order to gather evidence.

BellOnline · Post #5 (**permalink**) 08-16-2010, 02:57 PM

As far as I know, you can only sue someone from their country of residence, regardless of where they host their website but pingpipe makes sense in saying it depends on the type of offense.

HostColor · Post #6 (**permalink**) 08-17-2010, 01:43 AM

it depens. If you have any issues with the website content and data hosted on account it would be with the German state... as long as the website is hosted there. Otherwise it is important who do you do business with?

chennaihomie · Post #7 (**permalink**) 09-09-2010, 12:27 PM

It shouldn't be a big issue unless you are doing something illegal.

kekzhost · Post #8 (**permalink**) 10-12-2010, 02:02 PM

That is for sure an issue but , it depends on sort of problem occured with such a company like e.g. the one mentioned here.