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  Post #1 (permalink)   11-11-2016, 04:35 PM
HD Newbie
Join Date: Nov 2016
Location: Chicago
Posts: 5

Status: kaijuinc is offline
For new businesses, how do you form your terms of service and acceptable use policies?

Get a lawyer?
Copy somebody else's and change the words? Not advocating this, but we all know it happens!
Write it yourself with the influences of other ToS / AUP documents?

And do you keep it simple and open for interpretation, or do you get very specific?

I personally have adapted a generated policy from the Spamhaus AUP Builder, located at

Here is my adapted AUP. Not necessarily looking for suggestions, as I'd like to keep the topic to how you come up with your AUP and not just "what is wrong with mine". I'm sure there's plenty wrong with mine.


This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with $COMPANY, INC. If you engage in any of the activities prohibited by this AUP document $COMPANY, INC may suspend or terminate your account.

$COMPANY, INC's Acceptable Use Policy (the “Policy”) for $COMPANY, INC Services is designed to help protect $COMPANY, INC, $COMPANY, INC's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by $COMPANY, INC. $COMPANY, INC reserves the right to modify the Policy at any time, effective upon posting at {url removed} .

Prohibited Uses of $COMPANY, INC Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through $COMPANY, INC's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on $COMPANY, INC's servers, is prohibited. $COMPANY, INC accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by $COMPANY, INC customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any $COMPANY, INC-hosted domain, or referencing any $COMPANY, INC account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
6. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
7. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any $COMPANY, INC customers or end-users by any means or device.
8. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the $COMPANY, INC network or on another provider's network.
9. Using $COMPANY, INC's Services to interfere with the use of the $COMPANY, INC network by other customers or authorized users.

Customer Responsibility for Customer's Users

Each $COMPANY, INC customer is responsible for the activities of its users and, by accepting service from $COMPANY, INC, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an $COMPANY, INC customer will be forwarded to the $COMPANY, INC customer's postmaster for action. If violations of the $COMPANY, INC Acceptable Use Policy occur, $COMPANY, INC reserves the right to terminate services with or take action to stop the offending customer from violating $COMPANY, INC's AUP as $COMPANY, INC deems appropriate, without notice.

Last Modified: Tue, 20 Sep 16 12:37:06 +0000

  Post #2 (permalink)   11-13-2016, 05:24 AM
HD Master
zomex's Avatar
Join Date: Jul 2010
Posts: 294

Status: zomex is offline
Hello there,

Most people will say to get a lawyer, the reality is that most people start out with a template of some kind and modify it overtime to suit their business.

When I first started I was with HostGator and asked them if I could use their AUP/TOS and they allowed me to. Since then i've modified it as my business has evolved.

Zomex ~ In business since 2009 and still going strong!
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  Post #3 (permalink)   11-13-2016, 08:13 AM
HD Wizard
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Join Date: Mar 2011
Location: Northumberland, UK
Posts: 4,536
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Status: easyhostmedia is offline
depends what you are doing.

If you get a reseller account, VPS or Dedicated Server then you have to comply to that providers TOS etc. Anyone you provide hosting too also needs to comply with these, so it makes sense for you to just copy and paste the TOS etc. that you have to comply with and just adapt them to your business name etc.
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