Clarify the TOS

[gwyneth]

I know the TOS has evolved and been edited over time, as equipment has changed and situations come up. I also know that some aspects are better left flexible.

But that said, some things seem to cause more confusion than they used to, whether by accidental edits* or murky language. Mostly these involve limits/restrictions on shared hosting accounts, and over the last six months a variety of threads in that forum category has touched on them.

Of course accounts can be suspended for exceeding resource and process limits, regardless of what causes them, but the TOS as it stands allows optimistic interpretation that can affect all others on a shared server.

Regardless of the specific points listed below, it would be very useful if section 7 were closer to section 2--logically, they go together, but section 7 is buried where a lot of folks who should read it can't find it. One problem, not covered: many fora and CMS apps that are fine on shared accounts have addons/plugins that are not.

Video streaming: the TOS forbids commercial audio streaming but does not mention video. Also, the word "commercial" encourages misinterpretation.

Games: although section 7 does proscribe running a gaming server, many readers stop reading after the long bullet list in section 2, which mentions only some cryptic acronyms. What about arcade addons to fora apps? Multiple-player arcades?

File uploads/downloads: didn't there used to be more specific restrictions? A lot of posters in the past year seem to have gotten the idea that copyright is the only issue here and are surprised they may encounter server resource and process limitations. Others have no idea what "file-sharing/peer-to-peer" means (if they make it to secton 7).

Links to offsite warez, hacks, copyright violations: used to be mentioned but unfortunately not in proximity to the relevant restrictions covering onsite stuff. Edited out accidentally?

Database connections: where did the limits on number and duration go?

Spamvertised: given GatorRichard's valiant, and long-standing, dialog with Craigslist, it's surprising to see that specific reference has vanished. Although the TOS says "including but not limited to" this is a good example of encouraging disingenuous interpretation.

Reselling on shared accounts: the TOS definition of "reselling" is at best ambiguous and at worst confusing or misleading. The knowledgebase, unfortunately, makes things worse, with a question about "friends" that should stress the non-commercial aspect of that form of sharing a shared account, but instead emphasizes the "not if separate cPanel access is required". This has encouraged some people to be creative about violating the spirit, if not the letter, of the TOS with arrangements that do not require separe cPanel access.

It would be better, IMO, for the TOS to say something like: While a shared account holder may give space to friends and family, s/he may not split or subdivide a shared account for "clients" or "customers", regardless of the billing arrangement. (In other words, reselling space or email accounts under color of charging for design, maintenance or any other aspect of web development.)

*Clearly the TOS at least needs better proofreading--e.g., the sentence ending "Lolita:"

[RainbowViper]

I agree, Gwen. The TOS does need revision and clarification.

And you aren't alone in thinking that a LOT of folks lately aren't paying close enough attention to relevant sections.

[gwyneth]

Originally Posted by RainbowViper

I agree, Gwen. The TOS does need revision and clarification.

And you aren't alone in thinking that a LOT of folks lately aren't paying close enough attention to relevant sections.

Someday, I'll finish my "Unofficial guide to the HG TOS". But every time I think it's done...

[GatorDHanna]

I'd be happy to field any questions or suggestions regarding the TOS. I'll go through the suggestions posted by gwyneth sometime late this week or early next week and respond with some answers / clarifications. I'd try to get to it sooner, but I'm traveling this weekend and things are a bit busy.

Down the road, though, I think this is a topic that we could address very effectively in one of the online chats / seminars I'm planning on doing soon (early July most likely).

Let me know what you guys think.

[FrostBytez]

Yes, I'm looking forward to this since 2 people have told me invalid information reguarding my account.

On "File Dump/Mirror Script" Re-name it to "File Host/ File Hosting(Such as radidshare)"

Thanks :@

[eLIANT]

The terms "stand-alone" and "unattended" in TOS 7b need clarification.

That provision states that a User may not:

Run stand-alone, unattended server-side processes at any point in time on the server".

Unfortunately, this rule might be interpreted as applying to any .php script (including the ubiquitous phpinfo.php) since all of them, technically, are "stand-alone, unattended server-side processes."

[GatorDHanna]

Our first open session is this Thursday at 5 PM CT (details here).

Bring your TOS questions / concerns and we can definitely discuss them. We'll have people with different roles here at HostGator (technical, non-technical, etc.) and we can talk about what needs to be added or changed.

[gwyneth]

Originally Posted by FrostBytez

Yes, I'm looking forward to this since 2 people have told me invalid information reguarding my account.

On "File Dump/Mirror Script" Re-name it to "File Host/ File Hosting(Such as radidshare)"

Where were the two people? What kind of info?

Originally Posted by eLIANT

The terms "stand-alone" and "unattended" in TOS 7b need clarification.

That provision states that a User may not:


Unfortunately, this rule might be interpreted as applying to any .php script (including the ubiquitous phpinfo.php) since all of them, technically, are "stand-alone, unattended server-side processes."

Great catch.

Judging from forum threads in the past year or so, most TOS-related ambiguities/misunderstandings concern four main issues. Two minor fixes could be done immediately that might help some of those problems, as well as the spot misunderstandings caused by people who just didn't notice something on the bullet lists.

First, the four main issues are:

• audio/video: playing, storing, uploads/downloads, links
• file uploads/downloads: need to cover both the one extreme that's no problem and the other extreme that is
• reselling on shared hosting
• games, game portals, associated apps, arcades

Two minor fixes could help boost comprehension a lot.

First, spell out the acronyms, particularly in the bullet lists. It took me more than an hour to discover what they all meant, particularly the ones next to MUD.

Second, rework the bullet lists. Instead of the first covering shared, then the second one for dedis, largely repeating it with a few eliminations, do it so the first says:

No accounts may...

and the second one says:

In addition, shared accounts may not...

Eliminating that redundancy would make the lists far more comprehensible, and pop out the (non-duplicated) stuff for shared accounts.

[jeds]

Regarding 7. Resource Usage

h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Is it intended to indicate the correct usage of an include only as it pertains to cron?

Or is it also referring to using a relative rather than absolute address for all
files? (in which case there should be an

i)

.

Thanks,

JEDs