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  Post #1 (permalink)   09-03-2014, 10:37 PM
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what if a hosting company placed in their terms

upon visiting this web-site any lawsuit that you may file against us now or in the future will be voided




no one can successfully sue you then right?

i'm not sure i am not a genius when it comes down to the law
does anyone have a opinion? or answer?
 
 
 


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  Post #2 (permalink)   09-04-2014, 04:59 AM
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If it were that easy Apple, Google etc wouldn't be paying millions in legal fees for lawyers and so on.

Under this logic, one might as well put in "You agree to pay us $1000 by visiting our website".

Simply, that isn't how it works. That being said, it is very unlikely for someone to come and try to sue you. If anything ever does go to the courts however, you have to fight it, you can't just "void" it because it is in your terms.
 
 
 


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  Post #3 (permalink)   09-04-2014, 05:13 AM
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Also you could have anything in your terms, but the LAW will always override whatever is written.

An example is Paypals non tangible rule, saying if its non tangible they wont cover you, fine thats what they have in their terms, but in law tangible or not if you can prove you never got what you paid for then you are entitled to your money back no matter what are written in any terms.
This is what we had our terms checked legally when we started and if any changes are made we get these checked, so we know they comply will current legislation.
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  Post #4 (permalink)   09-06-2014, 07:52 PM
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Wish this would work if it did then no one would need to be worried about being sued.

It just isn't this easy ... Would never be.
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  Post #5 (permalink)   09-09-2014, 05:26 PM
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Quote:
Originally Posted by Alex - Arvixe View Post
If anything ever does go to the courts however, you have to fight it, you can't just "void" it because it is in your terms.

Right, any statement or condition has to hold up. and usually also must be reasonable under applicable law. you can't have an agreement the purpose of which is to say "this is not an agreement," smart guy
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  Post #6 (permalink)   09-10-2014, 02:00 PM
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I know you created this post just for the heck of it but my suggestion would be... Don't do things that would put you in the position to get sued in the first place. That would be the better step to take instead of trying to put some kind of blanket statement together in your TOS to protect yourself.
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  Post #7 (permalink)   09-11-2014, 03:53 PM
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No body is above the law mates, no matter what you stated in your terms you can not stand above the law
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  Post #8 (permalink)   09-11-2014, 04:37 PM
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Quote:
Originally Posted by skywebsitehost View Post
No body is above the law mates, no matter what you stated in your terms you can not stand above the law
This is why we had our terms checked by Trading Standards in the UK and we do the same if we need to make changes, so we make sure our terms comply with current legislation, but no matter what any company places in their terms/policies/agreements the LAW will always over ride these.

Although you do get companies like ebay/paypal who think the law does not apply to them
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  Post #9 (permalink)   09-15-2014, 11:16 PM
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So why peoples write this in their Terms "All legal case will be resolved in Xyz City or country"?

This is not above Law to force someone to fight your legal case in their selected City.
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  Post #10 (permalink)   09-16-2014, 02:59 AM
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Quote:
Originally Posted by kunnusingh View Post
So why peoples write this in their Terms "All legal case will be resolved in Xyz City or country"?

This is not above Law to force someone to fight your legal case in their selected City.
That is because if like us being based in the UK, then we are governed by UK laws and legislation, so any legal cases can only be fought in the UK courts.
In the USDA each state has their own laws, so a host will be governed by their state laws, so cases have to be fought through their relevant state system
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  Post #11 (permalink)   09-20-2014, 12:30 AM
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Good luck with that! Before WebHost.pro I had we reserve he right to stop any account for any reason. People didn't like that one very much lol
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  Post #12 (permalink)   09-20-2014, 03:00 AM
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Quote:
Originally Posted by hostroyal.us View Post
what if a hosting company placed in their terms

upon visiting this web-site any lawsuit that you may file against us now or in the future will be voided

no one can successfully sue you then right?
Wrong!

No terms of service anywhere trump law.
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