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  Post #1 (permalink)   03-08-2007, 03:17 AM
HD Addict
Join Date: Jan 2006
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I was helping my friend work out plan for a new web hosting company, when we stumbled upon a vital aspect.

My friend is an Italian and server is in USA. Now when he has TOS, will it be based on laws of USA or Italy or both?

Going further, which country/state should he have jurisdiction clause mentioned for? This becomes important in case some legal problems arise any time, will he have to board a flight to USA every time such an issue arises or can he have jurisdiction as Italy courts to protect himself from such hassles, though he can have US law requirements included in this TOS to take care of server provider agreement and bindings?

If he has to board a flight to USA every time legal issues are there, is there any work around?

He tried finding server from Italy based firm but he couldn't find what he was looking for.

  Post #2 (permalink)   03-08-2007, 08:26 AM
HD Wizard
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Join Date: Oct 2003
Location: PEI
Posts: 2,713

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If his company is registered in Italy then he is obliged to follow Italian laws.
He is also obliged to follow US laws with regards to the content and use of the servers.

I doubt many if any situations would arise that would require him to travel to the US for litigation.
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