Useful things to be listed in a ToS

erhwegesrgsr

Hi guys,

I am writing up a ToS mainly for VPS but also for webhosting and dedicated servers (few personal clients and planned).
I am not asking for help writing it, I would just like some people and/or providers throwing ideas in.

Here's my current list:

• 7 day refund (adapted from EU minimum refund law)
• No tor exit nodes
• No illegal or copyrighted content stored or hosted (or even performed)
• No open proxies or VPNs
• Fair use policy
• Offensive behaviour towards staff members
• providing false personal information (address, name etc)
• no refund when you violate TOS
• we reserve the right to terminate a client for any or even without specifying a reason
• not liable for data loss and downtime
• TOS can be changed at any time, notification 30 days in advance
• making other people pay your bill (has to be justified in advance)

Please share what you would put in besides above listed subjects :-)

bamn

Nonpayment and how long they have until their data is rm -rf /

erhwegesrgsr

@bamn

Ah, good one. The usual: day after due date = suspension, week after due date = termination.

KuJoe

Just off the top of my head:
-Force majeure
-Governing Law and Venue

jar

Just in case you haven't seen this before: http://www.webmasters-cavern.com/tools/tosgen/index.php

Btw I don't recommend anyone using that and not reading it line by line, very slowly, making sure that every sentence fits.

Otherwise...

• Radical and offensive spammer policy. I, for example, charge $250 for spamming. I don't really do that...unless you seriously piss me off and I do it to remind you that if you want to return, you owe me a lot of money.

gubbyte

@jarland said: - Radical and offensive spammer policy. I, for example, charge $250 for spamming. I don't really do that...unless you seriously piss me off and I do it to remind you that if you want to return, you owe me a lot of money.

would anyone even pay that? I'd just move to another provider

ShardHostSarah

@BronzeByte said: 7 day refund (adapted from EU minimum refund law)

Doesn't apply to bespoke products. I'm not advocating not offering this (as we offer refunds) but the law/legislations were not put in place for these kind of purchases

jar

@gubbyte said: I'd just move to another provider

Well then I win either way

Damian

Feel free to use any of the points from our AUP/TOS (and be sure that you fully understand them)

bamn

@jarland said: Radical and offensive spammer policy

I'd go for the clearest, most defined spam definition as possible

jar

@bamn said: I'd go for the clearest, most defined spam definition as possible

Luckily in the U.S. there's a legal definition, so a provider falling under that law need not be too specific so as to accidentally leave loopholes in policy.

erhwegesrgsr

@jarland said: Just in case you haven't seen this before: http://www.webmasters-cavern.com/tools/tosgen/index.php

I think I better just compose one myself, it's kinda short and not that professional imo.

@jarland said: - Radical and offensive spammer policy. I, for example, charge $250 for spamming.

Isn't spamming illegal?

@ShardHost said: Doesn't apply to bespoke products

Yes it does, judges and laws are typically dumb and/or outdated

@damian said: Feel free to use any of the points from our AUP/TOS (and be sure that you fully understand them)

thanks, will skim over it (even though it's an US company, right?)

EricCubixCloud

We are not responsible for backing up, or restoring, any software or data.

You may not install any P2P, torrent or spam / bulk email software.
We may change our prices or these terms at any time without notice.

Definition of what your Management includes.

Location Check: US businesses cannot legally sell service to many countries such as Cuba, North Korea, Iran, Iraq, Libya, etc.

bamn

@jarland said: so a provider falling under that law need not be too specific so as to accidentally leave loopholes in policy.

Comment / blog spam is a grey area. Some providers will quickly terminate, some don't care.

[Deleted User]

@gubbyte said: would anyone even pay that? I'd just move to another provider

I think that is the point. Spammers aren't customers anyone wants. I like his idea to encourage them to go blacklist IPs of competitors and create a headache for someone else.

erhwegesrgsr

@EricCubixCloud said: We are not responsible for backing up, or restoring, any software or data.

Quite useful to include in liability part

@EricCubixCloud said: You may not install any P2P, torrent or spam / bulk email software.

What's wrong with torrent? If they cap their bandwidth I don't see problems. When they start doing copyrighted stuff DMCA will notify me I guess?

@EricCubixCloud said: We may change our prices or these terms at any time without notice.

Nice one

@EricCubixCloud said: Definition of what your Management includes.

VERY nice one

@EricCubixCloid said: US businesses cannot legally sell service to many countries such as Cuba, North Korea, Iran, Iraq, Libya, etc.

Because US is retarded enough to be in war or have been with all of those countries

@MannDude said: and create a headache for someone else

Dont worry, Ill forward all spammers to URPad ;-) joke

Here's one by me: We can reject any order and user registration and close any account

bamn

@BronzeByte said: When they start doing copyrighted stuff DMCA will notify me I guess?

DC will forward you the complaint or complaint may come directly to you.

Taz

Put anything you want. No one reads em anyway.

erhwegesrgsr

@Taz said: Put anything you want. No one reads em anyway.

I always skim thru ToS before I buy, and I am going to legally deposit this so it is legall binding

HalfEatenPie

@BronzeByte said: We may change our prices or these terms at any time without notice.

This is technically illegal in the US

averell

And neither will a lot of the other stuff hold up, e.g.:

• we reserve the right to terminate a client for any or even without specifying a reason

bamn

@averell said: And neither will a lot of the other stuff hold up

How many folks you know who are going to lawyer up?

Yep. Thought so.

Spencer

If they host adult content you MUST have free unlimited access to 'monitor' it

HalfEatenPie

@bamn said: Yep. Thought so.

I have before.

Not for webhosting though haha.

jar

@bamn said: How many folks you know who are going to lawyer up?

Anyone serious about the business.

bamn

If my lawyer wants some vacation money or upgrade his Cessna plane, he relentlessly rapes Comcast

bamn

@jarland said: Anyone serious about the business.

$5 - 7/mo VPS market?

averell

@bamn said: How many folks you know who are going to lawyer up?

What would you write ToS for? To feel good after terminating a client?

bamn

@averell said: What would you write ToS for

Clearly defines you obligations as a company, your rules, etc.

You said "none of this would hold up" and the logical understanding is court of law unless you mean you fight a hosting provider, with your time, via support tickets threatening to e-lawyer up?

erhwegesrgsr

@HalfEatenPie

Why? If you keep the prices for existing customers the same, what's so illegal? I believe it isn't in NL.

@averell

Many hosts have that, but I won't feel comfortable with it as customer either

averell

@bamn said: Clearly defines you obligations as a company, your rules, etc.

You define this so you feel better about your OCD? Or so you have a leg to stand on when a dispute arises?

@BronzeByte said: Many hosts have that, but I won't feel comfortable with it as customer either

I don't feel anything about that, since as I said it is invalid.