help with some legal mumbojumbo please

[Lonew0lf]

I am looking at running my own webserver because none of the free ones are any good. (low space/bandwidth, cut off features after you register/delete files at random etc...)

SO.. looking through all the legal crap for my broadband provider I find the Unacceptable use policy:


6. UNACCEPTABLE USE

You may not, nor allow anyone else to, use the Service for any of the following purposes ("Unacceptable Use"):
· publishing, transmitting, linking to, disseminating or making available in any way any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, racist or otherwise objectionable material
· publishing, transmitting, linking to, disseminating or making available in any way material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
· committing or attempting to commit fraud or any other criminal offence
· gaining unauthorised access to other computer systems
· transmitting or causing to be transmitted mail bombs (automated emails that resend themselves to addresses within an address book), chain letters or pyramid schemes
· interfering with any other person's use or enjoyment of the Service
· heavy use of the Service that detrimentally affects the ability of others to connect to the Service
· breaching any laws concerning the use of public telecommunications networks
· interfering or disrupting networks or websites connected to the Service
· making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
· infringing a trademark, copyright or any other intellectual property right
· breaching any other person's privacy rights and sending unsolicited advertising or promotional material
· carrying out port scanning/probing (which is an attempt to identify an open gateway into another internet user's machine)
· collecting names, account details or personal details of other users of the Service
· carrying out trade or any other commercial activity
· running a website or redirecting to a website where access is subject to a premium rate telephone charge
· impersonating any real or fictional individual or entities
· doing anything which disrupts the normal use of the Service for other users
· registering multiple accounts or linking up various user's webspace so that it appears to be one large website

So does running a website or redirecting to a website where access is subject to a premium rate telephone charge mean I cant run a website that has a premium rate, or I cant direct to a premium rate site. Or does it mean I can't host any website at all? :shrug:

I emailed tech sup last week, a few days ago and earlier today but still no response.

Thankyou to any lawers who can help!

[Smokeys]

· running a website or redirecting to a website where access is subject to a premium rate telephone charge!

Its running a website period.

Oh and IANAL.

[kayson]

It's not running a website period. You could take that sentence apart into two separate sentences: Running a website where access is subject to a premium rate telephone charge; and: redirecting to a website where access is subject to a premium rate telephone charge. They just combined that into one sentence for simplicity. If they didn't want you to run a website, they wouldnt need to include the telephone charge part as you wouldn't be able to have a website to redirect to another one anyways. They just don't want you making money off of something that they are hosting. So go for it. And in the event that they don't want you running a website, they won't suspend your service or sue you. Its too much of a hassle, so they'll just ask you to take it down.

[Smokeys]

You are missing the OR in the line, look:

At the top it states:

You may not, nor allow anyone else to, use the Service for any of the following purposes ("Unacceptable Use"):

And the first three words in the bullet point of the rule I quoted was

running a website

They included an OR to catch another issue of people just refering to another website without actually hosting content but either way, you can't run a website.

[JoT]

You are missing the OR in the line, look:

At the top it states:



And the first three words in the bullet point of the rule I quoted was



They included an OR to catch another issue of people just refering to another website without actually hosting content but either way, you can't run a website.
You are right, that's "you can't run a website using our servers. Period."

[kayson]

Then what's the point of the premium rate telephone charge part? I'd say call your isp and be 100% sure.

[JoT]

The point is to cover that possibility as well, it is legal mumbojumbo ;)

[Kendan]

It's not running a website period. You could take that sentence apart into two separate sentences: Running a website where access is subject to a premium rate telephone charge; and: redirecting to a website where access is subject to a premium rate telephone charge. They just combined that into one sentence for simplicity. If they didn't want you to run a website, they wouldnt need to include the telephone charge part as you wouldn't be able to have a website to redirect to another one anyways. They just don't want you making money off of something that they are hosting. So go for it. And in the event that they don't want you running a website, they won't suspend your service or sue you. Its too much of a hassle, so they'll just ask you to take it down.


I agree with this interpretation, but call and ask to make sure. Waiting for an email is not something I would do in this case.

I also disagree with part of this post. The part stating they don't want you making money, what I feel is they don't want you scamming someone into expensive phone charges by deceitfull practices.

[z0n3]

Don't run a website. Instead run a very nice looking file server. ;)

[Smokeys]

I agree with this interpretation, but call and ask to make sure. Waiting for an email is not something I would do in this case.

I also disagree with part of this post. The part stating they don't want you making money, what I feel is they don't want you scamming someone into expensive phone charges by deceitfull practices.

Actually they don't want you making money on the service either :p

· carrying out trade or any other commercial activity

[Kendan]

Actually they don't want you making money on the service either :p



lol

It is better to get a cheap hosting deal anyways. you wont be stuck with a very slow upload speed and your computer will not have to be on 24/7.

[CyberFed]

I say host it, you know how many people who host websites from home which is against most ISP agreements...but they get away with it, I know tons of people that have had sites up for years with no problems... but thats just me I'm not one to follow rules very well anyways I guess I'm "un-ethical" :shrug: ...oh well

[Lonew0lf]

Thanks guys, Phoned tech support (£1.50 per min), and no, I can't run any servers (web/email/ftp) on there service, but they did offer me a 50MB package upgrade for an additional £5 monthly. carp domain name included and they won't let me register my own.


Any web host recommendations??

Currently on websiteallies, but since joining a few months ago email has been cut off, unlimited bandwidth has gone down to 1gig/month, unlimited space has gone down to 500mb, restrictions on serverlets/scripts/cgi increased, no frames, and they have horrible flashy ads everywhere.

Free if possible, don't mind ads as long as they dont flash/jiggle around and are simple gif's (no swf click the pie nonsense).

Thanks again.

[Barret]

I'd like to direct you to this point, here. (http://www.ocforums.com/showthread.php?t=320824)

[darkknight187]

· carrying out trade or any other commercial activity

you guys are definately right about this being mumbo jumbo i mean this part could literally transfer to saying you cant use the forums classifieds, you can't sell on ebay no newegg no nothing that involves the trade of money/services ect. for anything? maybe i'm taking it too far....or more likely it looks like they're letting it go too far.

[silentdebuggers]

Usually they can just cut you off for violating your subscriber's agreement. They may not notice or care though as long as you're not causing trouble with it.