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  #1  
Old April 23rd, 2004, 11:40 AM
FShosting FShosting is offline
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Exclamation Media hosting suing

Hi all!

I am trin' to start a hosting biz late this year and need help.

One of the hosting accounts I will be selling is "Media Hosting". I have recently been thinking about the liablity issues.

If my customers upload media content (that they have not givin' permission to use) on to my servers, am I liable to being sued or is my customer?

If so, can any of you experienced in the webhosting business tell me how I could pervent being sued and still have Media Hosting available? Thanks

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Old April 23rd, 2004, 12:50 PM
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I would cover your a** in your AUP

Make sure it talks about copyright violation is immediate grounds for termination
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Old April 24th, 2004, 02:46 PM
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Lightbulb

hi,
yes, you are liable as a host. A few webhosts have even been raided by the FBI for illegal content. They may even confiscate your servers because of the content so in terms of service, say:

Please make sure you have proper permission and/or licensing for the media and content used on our servers. Violation will lead to immediate termination of account without refund.

Basically, something like that ^^^

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Old April 28th, 2004, 12:52 PM
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stay away from it..You can try to avoid some legality in your TOS, but it's not worth it. Even though having it on the server would be a violation by the user, you are still allowing it to be there.
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Old April 28th, 2004, 02:10 PM
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Originally Posted by iblive
stay away from it..You can try to avoid some legality in your TOS, but it's not worth it. Even though having it on the server would be a violation by the user, you are still allowing it to be there.


In order to provide a service, you sometimes have to risk hosting illegal content. I could put illegal MP3s on Geocities, until they shut me down.

I run an art gallery, and on my signup page I mention that illegal images are grounds for termination.

To cover your back, since music is more likely to attract the FBI, I'd record the IP address of your users and let them know that you'll turn that info over to the FBI if they're suspected in illegal activities.
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Old May 25th, 2004, 11:32 PM
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Hey, thanks for the help, I will risk it but put the warning on the page of the package offers. Thanks.

Last edited by FShosting : May 25th, 2004 at 11:45 PM.

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