Where did you get your TOS and AUP

R

RobAPI

New member
Where did you get your TOS and AUP from?
Did you get yours from your upstream provider (Maybe from your DC or reseller host), a solicitor, a site which specialises in legal documents or somewhere else?

I think most people get theirs from their upstream provider, this way they are also covering everything which their DC has in their TOS and AUP plus the fact that most upstream providers don’t mind customers using their legal forms/information whereas if you got it form somewhere else, this could be a violation of copyright.

I think this is something worth considering when you are either starting hosting, moving to another provider or if you need your legal information updated as it is a very important part of any business. You need to ensure you are covered for everything that could happen, if could effect your livelihood if you aren’t
 
I would normally use a edited version of my upstream provider like you said. I would also go in and make additions regarding payment and so on. Thay way my bandwidth provider was covered, along with my business agreeements.
 
I used my upstream provider to identify what was allowed, what was disallowed, and what they would shut down an account for. For payment terms, service disconnections, et cetera, I figured out what I wanted to do in terms of late fees, payment periods, past-due, et cetera (partially based on my own requirements to meet payment deadlines, partially based on what clients would be familiar with in terms of notice periods, partially based on not wanting to continuously chase people down for money...find a way to balance all costs). Then I wrote it up, ran it past a lawyer for legal checking, made the suggested edits, et voila.
 
Did you get someone to check your TOS when you added your extra comments for your own TOS and AUP to ensure it was legit and would cover you incase any problems did occur?
 
What will you do if you change to a dedicated server that isn't in the same DC?
Will you get someone to do new legal docs for you?
 
It is an honest assumption to think that your upstream provider's TOS and AUP will meet your needs and offer you some level of legal protection. This might not be true. Your upstream provider, like you, has to make a business decision about his or her TOS and AUP policy. Most times, the number one factor is cost. Unfortunately, not all upstream providers have deep pockets and can afford to have an attorney to develop their TOS and AUP policies. In order to keep the cost as low as possible, some upstream providers copy other upstream providers' TOS and AUP or simply write their own. Either option is fine because it is a legimate business decision that the upstream provider has made based on his or her particular situation. So before you use your upstream provider's TOS and AUP policies, ask these three simple questions:
- Were the TOS and AUP developed and/or reviewed by a lawyer?
- Which county, state, and country has jurisdiction if a dispute arises?
- How often are the TOS and AUP reviewed or updated?
These questions are just suggestions to help you make a business decision about your TOS and AUP. There are several options available. The best option is also the most experience - hire a lawyer to develop your TOS and AUP and ensure they are consistent with your upstream provider's TOS and AUP. Other option include: obtain permission from your upstream provider to use his or her TOS and AUP, purchase TOS and AUP templates, or write your own. No matter which option you select, make sure your TOS and AUP are consistent with your upstream provider's TOS and AUP and that you have a lawyer to review your TOS and AUP.

Zachary
Hostlegal.com - Legal Forms for the Hosting Industry
 
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