TOS Updates effective 8/7/06

In the ever changing world of webhosting, certain needs arise for us to protect the accounts and security of our customers.

We have made some minor changes to our terms of service. These will go into effect on 8/7/06 with a grace period until 8/22/06.

The changes will be enforced 15 days after they go into effect. This should allow people with sites that are now banned (HYIP, AutoSurf, FOREX/Egold exchange) to move their sites from our servers to another host.

We have decided to ban these sites because of the amount of spam complaints (which led to blacklisting), fraud complaints, and amount of resources that the sites take. In a few cases, the sites were attacked due to fraudulent activity which adversely affected other customers on the same server/s. We have also instituted a password change requirement for any account that is possibly compromised. If you have a weak password, please update it. We have created a random password generator for your use at https://secure.hostgator.com/passwords.shtml

The new Terms of Service are available at http://www.hostgator.com/tos.shtml

If you have any questions, please email me directly at daniel [at] hostgator.com or you may contact our abuse team at abuse [at] hostgator.com.

Thanks for choosing HostGator. Have a happy and safe weekend.

[Pitrow]

Can you tell us what the changes are, so we don't have to forge through the entire thing and try to figure it out?

[esl]

Originally Posted by GatorDaniel

This should allow people with sites that are now banned (HYIP, AutoSurf, FOREX/Egold exchange) to move their sites from our servers to another host.

Here is part of what he said.

[vtrain]

I see some improvement in definitions and better details for clarity in many things (like email on file, backups and data loss, copyright, uptime guarantee for shared vs dedicated, password on file for dedicated, etc).

The topic that GatorDaniel seems to be more concerned is:

Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities

I'm sure that none of my client have those. But I also do not know what some of them are So for me this part of the TOS is not crystal clear.

It's interesting the #16 "disclosure to law enforcement" when there are some things happening now in US courts related to requests that the Bush administration made to companies after 9/11. It seems companies gave information away that was considered private

Vt

Hello Vt,
This really has nothing to do with 9/11. That clause is not a recent change to our TOS. This was put in as soon as I started working at HostGator. Our view is that if you're doing something illegal that could effect the other users on the server then we should be able to protect our company and our users from downtime. Downtime can be prevented by allowing a law enforcement agency to simply request information instead of going through a long process which will end up with our servers confiscated and user's sites down. I've worked at a datacenter in the past and I can remember people in suits walking out with hard drives.

I can understand both sides of the argument when it comes to disclosure. We normally require a subpoena before giving any access to data. This requires a third party to intervene which in most cases in the United States is a judge. I am also a member of several organizations such as the EFF. I believe in online privacy and rights, however it is unreasonable to allow for a customer's business to be potentially ruined by going offline due to another user's actions.

Another related issue is child pornography. Currently in some states the release of information requires an agreement between the customer and the company. This is required to allow the release of information that may aid prosecution. When these situations occur we want to be able to help as it effects everyone. We strongly believe that the new TOS updates will help protect our customers and others.

The main changes in the terms were to section 2, the content clause which banned certain types of sites.

Thanks,
Daniel

[esl]

I don't understand why anyone would be against releasing information to police unless they had something to hide.

[Serra]

Originally Posted by esl

I don't understand why anyone would be against releasing information to police unless they had something to hide.

Perhaps because the police make a habit of grossly overstepping their authority when it comes to searches based on voluntarily released information. The less they have to work with, the less likely they will stop by to poke holes in walls, break things and disassemble furniture with a warrent.

Giving information to the police without them providing a warrent is to give up one's Fourth Amendment rights. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

[Sergio]

How HostGator can check about that type of sites?

I mean HG has thousands and thousands of sites hosted in their servers, so, how they check them all? Is there a software that does that? It will be very useful to use if a reseller or dedi has a lot of customers on his account and a script like that could save a lot of time instead of checking every account.

Serra,

We still require a subpoena so there is some protection there. We don't release information unless there's cause to do so.


Sergio,
In most cases if the sites are on our servers, we'll find them. They usually abuse the servers they are on. (Meaning there will be performance issues, abuse complaints and complaints from outside sources letting us know that they're there.)

[Serra]

Originally Posted by GatorDaniel

We still require a subpoena so there is some protection there. We don't release information unless there's cause to do so.

Exactly as it should be. Thank you.

[Serra]

Originally Posted by Sergio

I mean HG has thousands and thousands of sites hosted in their servers, so, how they check them all? Is there a software that does that? It will be very useful to use if a reseller or dedi has a lot of customers on his account and a script like that could save a lot of time instead of checking every account.

As GatorDaniel said, normally they cause problems. If they don't, most sites with TOS violation material are reported to the hosting company.

[Sergio]

Originally Posted by Serra

As GatorDaniel said, normally they cause problems. If they don't, most sites with TOS violation material are reported to the hosting company.

Thanks Serra and GDaniel, now, what happens with a reseller or dedi if one of their customers has violated the TOS? Does HG closes the dedi/reseller account or just the account with problems?

I ask this because the only one that has made a commitment to follow HG TOS is the owner of the account and the other accounts are not or are them? So, could it be a problem for the owner of the account if HG closes an account that is not the main account?

Sergio,

As those accounts are on our servers, they are required to follow our terms of service. Your terms of service that you provide your customers should include most of the provisions that our terms of service does.

An example: our DataCenter's terms of service and acceptable use policy must be followed by all of our customers.

We suspend the single account that has problems and will leave it up to the client to determine what to do next most of the time. If it completely violates the AUP, we will be happy to provide a backup in some cases so that they may move to another hosting company (depending on if they already have a backup and the amount of time required.)

We will not terminate your client accounts. We will only suspend and leave the data there until you terminate them.

Thanks,
Daniel

[Sergio]

Originally Posted by GatorDaniel

Sergio,

As those accounts are on our servers, they are required to follow our terms of service. Your terms of service that you provide your customers should include most of the provisions that our terms of service does.

An example: our DataCenter's terms of service and acceptable use policy must be followed by all of our customers.

We suspend the single account that has problems and will leave it up to the client to determine what to do next most of the time. If it completely violates the AUP, we will be happy to provide a backup in some cases so that they may move to another hosting company (depending on if they already have a backup and the amount of time required.)

We will not terminate your client accounts. We will only suspend and leave the data there until you terminate them.

Thanks,
Daniel

This is goodd to know. Thanks GDaniel, I will have it present just if I needd it.

[Serra]

HG has never suspended an account on my server, but I have suspended many for violating my TOS. I can't afford to be as nice as HG is about suspending accounts.

I'm the only real naughty one on my server. I'm glad I'm my own customer because I can pull some nasty crap! I have an email account that gets about 30-50gig of mail a month!! On a normal day, I download about a gig of mail! Plus I run some nasty cron jobs.... I'm so evil.

All of my customers are very nice and never do anything like that.