Am I the only one who...

[trekchick]

Am I the only one who doesn't like these terms of service?

14. Customer Refusal. ***** Hosts Inc reserves the right to refuse a new customer or cancel an existing customer's account without explanation.

15. Uninterruptible Service. ***** Hosts Inc provides no guarantee that the service will be uninterrupted or error free.

16. Liability. Under no circumstances will ***** Hosts Inc be liable for damages that result in any way from anybody, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

...

19. Terms. ***** Hosts Inc reserves the right to change these Terms and Conditions whenever they see fit. This Agreement is subject to change at any time without notice, and you agree to review the current terms of use prior to using and updating your account.

I thought I had found the perfect host for my purposes, and now I see this. Do you think that I can trust them besides that? With these TOS they look pretty much like a flight-by-night operation to me.

TIA,

trekchick

 

[EJGriff]

Well as long as you never do anything on your site that might get you or your host in trouble then you have nothing to worry about. These kind of statements are usually aimed to scare away people not interested in building a quality, LEGAL, web site.

It does, however, look like they're going a little far with it. They definately could have been a little more "friendly" with it.


Eric

 

[Chicken]

Should be worded...

14. You agree that we can kill your site any time we like, and not tell you why.

15. You agree that we can't say whether we can keep the service up, and we won't refund you one dime.

16. It is your fault. If, for any reason it is our fault, see rule 16.

19. If we can come up with any other ways to limit our liability, express our 'no refunds under any circumstances' policy, or tell you what you can't do or why we can terminate your account for the hell of it, we'll add it quietly.

 

[Archbob]

I don't think I'd pay for that. Seems a little umm --akward, like a scam.

 

[SlashTek.com]

Originally posted by Chicken
Should be worded...

14. You agree that we can kill your site any time we like, and not tell you why.

15. You agree that we can't say whether we can keep the service up, and we won't refund you one dime.

16. It is your fault. If, for any reason it is our fault, see rule 16.

19. If we can come up with any other ways to limit our liability, express our 'no refunds under any circumstances' policy, or tell you what you can't do or why we can terminate your account for the hell of it, we'll add it quietly.

Lol, 3rd graders language, right chiken ?

Flash!

 

[Chicken]

Heh, well all hosts have a TOS worded similarly though this particular wording is a bit direct. Usually they try to use bigger words and make it sound more confusing at least.

 

[nerocities]

lol..

That TOS is wicked rude. I wouldnt want anything to do with that company personally.. Either hosting my sites, or reselling for them

 

[trekchick]

Well, what pissed me off was that with these TOS they can take my money and disappear into the vastness of the internet without me being able to take any actions against them since I agreed to their TOS. But the real killer was their *no notice policy*. JMHO.

Now, anybody know of hosts with customable reseller plans? I need reseller features, but want only 100mb space and 1Gig "bandwidth", plus the option to a small step upgrade. The above host was the only one that offered this as standard option. Please help.

trekchick.

 

[Giancarlo]

Take your money and go on vacation to Jamaica.... hell I would do it if I had that TOS. Who the hell wants to make money to improve their service, while they can get a nice trip to Jamaica or Grenada with your money and shut down their host.

 

[Chris]

I hate to break it to you children, but that is a standard liability clause. Everyone go read your host's TOS and you'll find the same thing. Yes, Giancarlo, even below10host. I just checked.

 

[MotleyFool]

I guess you guys in US care too much about feeding your lawyers! Out here in India, we [atleast me] never bother about contracts or ToS. I have so far , in 1 week of operation, signed up 11 clients and I just told them the price and features and they mailed me the cheque.. that's it! [ofcourse they know me so the trust; but even generally we just base our buys on judgement rather than ToS]

In MHO, firstly the money involved in hosting an individual account is too small to call lawyers [I mean would you pay 100$/hour to fight for 5-7$?]

Secondly, law is all about proof ; the way the Internet operates, it would be impossible to prove that your host was the cause of your downtime or security lapse... [see netcraft.com if you have the time]

Finally, the consequence of failure is often small on the Internet.

The best ToS would be to tell the client 4 things:

1. We as your host will be utmost reasonable in providing you services as advertised in our plan [uptime,space,bandwidth etc.,]

2. You as a shared user should make responsible usage of the services and facilities we provide [which means no illegal stuff etc.,]

3. If you fail, [abuse,conspicuous consumption etc] we will give you 1 warning and then delete your account...

4. If we fail, we will give you one month's free hosting [or whatever] - our liability in all cases is limited to this

But then, who is the Fool to talk of contracts?

I have always believed [and will continue to believe] that most people are essentially good and can be safely trusted, and invariably trust returns trust... it sounds too idealistic and idyllic but in my experience it works wonderfully..

Besides if you trust and get hurt it is only once in may be 100 times.. if you are cautious you are always anxious and the loss of peace is not worth what you safeguard [this is just my stupid philosophy though!]

Cheers
Balaji

 

[jw]

In the US people sue for everything. Something $5-7 plus emotional distress and profit loss could easily equal $2 million the way our courts work. This is why hosts have to have these lengthy agreements; though you will find many hosts who do good business in spite of these agreements who are protecting themselves from greedy people with good lawyers.