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  Post #1 (permalink)   08-01-2006, 11:47 PM
HD Newbie
Join Date: Jul 2006
Posts: 12
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This is a question I am sure has been asked before, but as I don't know how fruitful a search may be, maybe some of the board veterans can point me in the right direction, rather than rehashing an old subject...

As a host, how liable are we to our customers..? I offer hosting, but also rely on other services with more resources to handle some of my other needs...This summer, two of the services that I have accounts with went offline with no warning...One of the hosts I know and talk to, and was informed of the situation...The other host I assumed got hacked, and I didn't hear anything for a month...

When they finally did come back up, all of my files (over 10 GB worth) were gone, and all I got was a simple 'Oops!' email after it was all over...

So I am asking, is there a disclaimer that we should offer customers, that basically says, "S#$@ Happens"..? OK fine, the server goes offline, and I don't have to pay for it, but...What if these guys are running a business, and the site goes offline..? That is potential revenue, business, etc. that as a client, will not get...

Can I be sued for data loss..? If we entrust a company to host our files, should they be liable for their safety..? What kind of damages do you seek, if any, if something that hardcore happens..?

When Cogent and Level3 parted ways, I lost 2 of my best customers, even though it was not my fault...That is something I had to take on the chin...My domain host, 1and1, accidentally let one of my domains lapse, and my business lost traffic for 2 days...1and1 gave no type of retribution what so ever...

Are those instances, and things like them just the bitter ends of the business we all have to deal with..?

  Post #2 (permalink)   08-02-2006, 12:15 AM
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All depends on your TOS and what you have promised your customers.

  Post #3 (permalink)   08-25-2006, 05:33 PM
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Join Date: Jan 2004
Posts: 72

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boyetthost is absolutely correct. It might be helpful to sit down with a lawyer to review your current Terms of Service, Acceptable Use Policy, and Privacy Policy to make sure they offer you maximum legal protection. Unfortunately, some webhost resellers simply copied their upstream provider or another webhost reseller's ToS, AUP, and PP. This is a bad idea. I read one webhost reseller's ToS policy that included an "uptime guarantee". Another bad idea. While this uptime guarantee may have put the customer at ease prior to signing up for hosting service, it also created unnecessary liabiliity on the part of the webhost reseller. If you do not have control over the server, then you should not offer an uptime guarantee.

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  Post #4 (permalink)   09-21-2006, 08:51 AM
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Join Date: Mar 2005
Posts: 40

Status: Corey Bryant is offline
When we started hosting, we got the TOS, AUP, etc from Host Legal and then since we were doing a couple of other things, we took them to our attorney to review and make any chnages necessary. Host Legal saved us a lot of time and money since we already had something for the attorney
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  Post #5 (permalink)   09-21-2006, 01:25 PM
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The previous poster has it down. Try to start off with a basic list of things you want to include. (Maybe even a template from host legal)

Take it to a local attorney and add/amend it to fit your needs. You do need to be extremely cautious while creating your tos as in today's world people will try to hold you liable for everything!
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  Post #6 (permalink)   10-10-2006, 11:43 PM
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Join Date: Oct 2006
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Status: mtajim is offline
Its very true . when you provide service to our customer we are always liable to them for any loss but a certain TOS or Discalimer can help you in such consitions.

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