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Opinions Appreciated

DevilsHost

New Member
Hi

Not sure if this is ok in here or not but I would appreciate your opinions on my TOS which I have written myself, i'm not a lawyer or anything but I tried to keep it simple and understandable.

I would greatly appreciate your opinion on it.
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Terms of Service

By using our services you hereby agree to the following Terms of Service which may be edited, amended or updated at any time without notification and continued use of our services after this time will be considered acceptance of our amended/Updated TOS;

We provide FREE hosting services to anyone who may wish to use them but we are not obliged to provide in part or in whole any of the free services (including support) which we provide or which are included with our free hosting plans and we may terminate, modify or suspend these services at any time without any prior warning and for any reason. Any failure to comply with our TOS may result in termination of your hosting account.

We may also on request grant some users extra features such as extra space, bandwidth, databases, and even server-side scripting environments (such as ASP, RUBY C++ etc) which were not provided as standard, however we are not obliged to provide ANYONE with these extra services and we also reserve the right to terminate, modify or suspend these extra features at any time, without notice and for any reason.

Fair Use Policy

You agree that you will upload a site (not just a coming soon page) within 72 hours of account creation, we're not going to waste space on someone who isn't going to use their account.

You agree that you will not use proxies, IRC or any other load heavy scripts on our server such scripts can often cause heavy load and high bandwidth usage. If we find that you are using to much of our servers resources such as RAM or CPU you agree that we may at any time suspend or terminate your hosting account without warning.

You may not use your hosting account for any of the following reasons including but not limited to;

  • Commercial Sites (certain monetization methods such as adsense are permitted)
  • Hosting Proxies
  • File/Data Storage
  • Mirror Download Location
  • Warez
  • Hosting Adult Websites
  • Spam (Mass Unsolicited Emails)

You agree that if your account is suspended for any of the above reasons twice or more we may charge you a non-refundable administration fee of $9.99 to re-activate your account however if your account is found to be in violation of our TOS at any time after re-activation then your account will be subject to permanent suspension.

You also agree that it is entirely your responsibility to backup your sites, files, databases and other data, if you loose any data then it is your own responsibility.

You also agree that it is your responsibility to make sure your account, files and databases are kept safe and secure we also recommend that you DO NOT give out any of your passwords to anyone. If someone tampers with your files and corrupts your database because you gave them access then it's your own fault.

Provision Of Service


You agree that you will not hack, crack, disrupt, disable or otherwise damage our server in any way shape or form including but not limited to; uploading viruses/trojans, brute force attacks, DDOS'ing this also includes specific attacks on any given customer hosted on our server any account found to be in violation of this policy will be subject to IMMEDIATE termination/suspension and we also reserve the right to report any illegal activities to the appropriate authorities, this includes any legally questionable activities.

You also agree that you will not upload illegally oriented or otherwise questionable content. material or sites to our server including but not limited to; warez, serials, cracks, viruses, trojans, child pornography, racist, terrorist related sites, content or material. Nor may you use our server for any unlawful purpose(s)

Failure to comply with our TOS will result in your hosting account being subject to suspension or termination without warning or notice.

© DevilsHost 2008
 
With a free host not so much but you might want to specify how much ram/cpu is acceptable. There was a whole dilemma about it about a week ago for a paid host.

Another thing to ad to the list of non acceptable stuff.

IRC Scripts
Download scripts such as rapidleech...ect...ect

Another thing would be to clarify what Adult Websites is considered. Adult themed forums forums that just post adult content...ect..ect.

You asked for an opinion and I provided one :)

your name...is...unique to say the least tho :)

[edit] The link in your sig does not work
 
IRC Scripts would generally come under IRC aswell (includes IRC Bots, Chatrooms etc) but I will ad your second suggestion to the list of unacceptables.

I understand where your coming from on this and I may change the TOS slightly as, porn, nudity etc are not allowed but mild language/swearing would be fine just as long as it's legal.

Thanks for your comments and i'm glad you like the name :D - updated sig link, should work now that was our old url must remember to add a redirect soon.

EDIT: I will also add something about RAM/CPU usage when I get the chance
 
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Absolutely insert a clause that you reserve the right to suspend or terminate an account at any time for any reason.

It's not meant to be used as a "I don't like your site, it's gone" but as a legal remedy to account for exploits/abuse you never thought of and haven't listed.

Also, that you reserve the right to change the TOS at any time and it is the customers responsibility to keep up (just read it from time to time.)
 
Thanks for your suggestion

This I think coveres some of what you suggested

We provide FREE hosting services to anyone who may wish to use them but we are not obliged to provide in part or in whole any of the free services (including support) which we provide or which are included with our free hosting plans and we may terminate, modify or suspend these services at any time without any prior warning and for any reason. Any failure to comply with our TOS may result in termination of your hosting account.

But you're right, it may be an idea for me to put that clause in somewhere, just incase people don't get the hint from the above :D , however I have put "including but not limited to" wherever i list things which are not allowed to cover things which I haven't listed or forgotten.
 
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