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Hosting a Ranting site a violation on T&C?

aoleeaolee Member
in Help

Hi people,

Most VPS provider has in thier T&C or Rules , a clause that they dont allow profanity, does hosting a rant site violates this if users or members of my sites attacks people by saying cursed insults? A good example is a site where people can express what they think about a politician. (You can expect most people will say bad stuff about that politician)

Thanked by 1earl

Comments

  • nerouxneroux Member

    said: Most VPS provider has in thier T&C or Rules , a clause that they dont allow profanity

    Really? How did you get this impression?

    Usually this refers to communication with the provider.

  • PremiumNPremiumN Member

    Maybe because they dont want to attract DDOS attacks?

  • aoleeaolee Member

    The site I'm planning to put up is something where people can post bad stuff about other people throw their anger, or shout out from my website.

    one T&C example is this rule from DO

    3. Rules of Conduct
3.1 As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
3.2 You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, **profane**, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone’s identification documents or sensitive financial information. DigitalOcean may permit, in its sole discretion, adult websites that abide by state and federal law and regulation.

    base on 3.2 its says i agree not to post, blah blah.... that is .... defamatory, libelous, profane... damaging one reputation is i believe one of the violation.
    please correct me if my understanding is wrong.

  • nerouxneroux Member
    edited April 2014

    My question is why you think it is most providers.

    The outlined website would violate this paragraph, however you would need to clarify this with each host indivdually and have their response in writing.

    Thanked by 1aolee
  • aoleeaolee Member

    maybe just those providers, vps or shared hosting i've visited were mostly having clause related to defamatory, here another one is form ramnode

    ILLEGAL USE
Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to 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 rights used without proper authorization, and **material that is defamatory,** constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.

    thanks neroux, ill better check with providers first :)

  • RalliasRallias Member
    edited April 2014

    Defamation. That's a pretty high bar to actually reach. What kind of website are you running that you think you run the risk of running afoul?

  • aoleeaolee Member
    edited April 2014

    The way i see it is people will really visit the site, and might damage the reputation of other people. Thinking ahead should the site becomes popular... probably even gov't will might try to close down the site.

  • RalliasRallias Member

    aolee said: the way i see it is people will really visit my site damage the reputation of other people. should the site becomes popular. probably even govt will might try to close down the site. i need to host it somewhere where it cant be touched.

    As you said, you're running a rant website. So long as you do refrain from posting stuff not based in fact, you will have no problems whatsoever. But this is LEB. You can easily afford 2-3 VPS's in case one gets taken down.

    Thanked by 2aolee linuxthefish
  • aoleeaolee Member
    edited April 2014

    a site where people can expose corruption or bad doings to public. but of course expect make up stories from others.

  • LeeLee Veteran

    How about you cut the BS replies and just tell us what the site is, what the content will be and who the audience is that will cause the issues.

    If you cant provide that nobody can help.

  • nerouxneroux Member

    Rallias said: As you said, you're running a rant website. So long as you do refrain from posting stuff not based in fact, you will have no problems whatsoever.

    If it includes profanity, @aolee might be still in trouble. Also people often tend not to stick to the truth in rants ;).

    Bottom line, only the host can clarify what he meant and accepts.

    Thanked by 1aolee
  • FlorisFloris Member
    edited April 2014

    Just get a server from ecatel, or some VPS in a offshore country and you'll be just fine. Make sure it doesn't have a legal entity from the USA and you're done.

  • nerouxneroux Member

    @Floris said:
    Just get a server from ecatel, or some VPS in a offshore country and you'll be just fine. Make sure it doesn't have a legal entity from the USA and you're done.

    A profanity clause can hit you anywhere, this is not jurisdiction dependant but simply on the provider.

  • FlorisFloris Member
    edited April 2014

    @neroux said:
    A profanity clause can hit you anywhere, this is not jurisdiction dependant but simply on the provider.

    Sure, but mostly hosts in these country's don't really care, they've one to protect theirselves, but when it comes to it, they wont enforce it. I've been active in that scene for a long time, and believe me, they wont care because they wont have to by law.

  • nerouxneroux Member

    Floris said: Sure, but mostly hosts in these country's don't really care, they've one to protect theirselves, but when it comes to it, they wont enforce it. I've been active in that scene for a long time, and believe me, they wont care.

    That might be very well true, but if it says so in the TOS and the customer does not follow (and does not have it in writing that it does not apply in his case) it the provider has a carte blanche.

  • FlorisFloris Member
    edited April 2014

    @neroux said:
    That might be very well true, but if it says so in the TOS and the customer does not follow (and does not have it in writing that it does not apply in his case) it the provider has a carte blanche.

    Ecatel doesn't care
    http://www.ecatel.info/terms.aspx

    http://www.ecatel.info/why.aspx

    Freedom of speech on the internet is our motto.

  • nerouxneroux Member

    Floris said: http://www.ecatel.info/terms.aspx

    Page not found ;)

    As I said, I'd be surprised if most providers had such a clause. But of course its always better to clarify it beforehand.

  • daxterfellowesdaxterfellowes Member

    @Floris said:

    Ecatel doesn't care http://www.ecatel.info/terms.aspx

    That's absolutely hilarious. I love it.

  • raindog308raindog308 Administrator, Veteran

    aolee said: 3.2 You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone’s identification documents or sensitive financial information. DigitalOcean may permit, in its sole discretion, adult websites that abide by state and federal law and regulation.

    It would be completely impossible to run a forum under such a TOS if they were narrowly interpreted.

    Someone comments "The sky is purple." TOS violated!

    I would interpret (i) as a standard "nothing illegal that is going to give us legal hassle" clause. But I'd ask.

    I imagine there's a huge difference between a "rant site" where people are debating one party vs. another and, say, Stormfront.

  • nerouxneroux Member

    raindog308 said: It would be completely impossible to run a forum under such a TOS if they were narrowly interpreted.

    Someone comments "The sky is purple." TOS violated!

    I would interpret (i) as a standard "nothing illegal that is going to give us legal hassle" clause. But I'd ask.

    Unfortunately it doesnt come down to one's personal interpretation but to whats written. The terms as presented here give the provider a wide leeway to its own interpretation.

  • earlearl Member

    Disregard the thanks, clicked it by accident.

  • MicrolinuxMicrolinux Member

    The only entity that can answer your question in any useful manner is the one the ToS pertains to.

  • raindog308raindog308 Administrator, Veteran

    neroux said: Unfortunately it doesnt come down to one's personal interpretation but to whats written. The terms as presented here give the provider a wide leeway to its own interpretation.

    Hence:

    raindog308 said: I would interpret (i) as a standard "nothing illegal that is going to give us legal hassle" clause. But I'd ask.

  • AndreiAndrei Member

    @aolee said:
    Hi people,

    Most VPS provider has in thier T&C or Rules , a clause that they dont allow profanity, does hosting a rant site violates this if users or members of my sites attacks people by saying cursed insults? A good example is a site where people can express what they think about a politician. (You can expect most people will say bad stuff about that politician)

    I would specifically advise that you get a server in an offshore location like Romania, The Netherlands or Switzerland

  • IxamHostingIxamHosting Member
    edited April 2014

    Ecatel doesnt care about anything as long they dont receive a court order or Spamhaus report.

    Thats my own experience. They also forward complaints about things they say they dont allow (for example phising) and say they will nullroute within 24h of no action & reply but never actually do something.

  • cosmicgatecosmicgate Member

    Not if the rant is 2000 fuck words

    Thanked by 1Gunter
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