raz-0

OK, first the section in question:
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Content
Surpass Hosting.com, LLC believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate termination of service: racism or prejudice due to color, creed, or belief; profanity or obscene language towards anyone but yourself; any content not suitable for minors. We prefer that you self-govern your content and are responsible as to what your website provides. We do not have the resources and time needed to govern our servers constantly which have growing and evolving content. However, if Surpass Hosting.com, LLC is made aware of any questionable content on a Surpass Hosting-hosted site, we will address the concerns directly with you and seek an amiable resolution.
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IIRC this is not what it used to be, and I'm a tad concerned about some changes. When I first joined, adult sites were allowed. I don't want to run one, and didn't then, but I did want to use my site for hosting images for occasional postings in online galleries that may include CG, drawing, or photographs that aren't intended for minors.

on top of that, limiting profanity and obscene language is pretty broad. For a forum it is fine, but that can seriously limit what you can post on your website. It's not like there is an ad-banner for surpass on top of it.

I find it fairly concerning, and generally unnecessary. Why not just keep it short and sweet like hostdime.

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What may not be hosted on our network:

-Warez
-IRC
-Child pornography
-Copyrighted media, includes but not limited to: Video, Music, TV, Radio
-Hacking tools / material
-Anything that may harm us, the server, or anyone else (mentally, physically)"
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seems to cover the kind of things that have you dealing with warrents and letters from lawyers without limiting my ability to be critical of some public figure, or to host something someone thinks their kid shouldn't be looking at (seriously, is surpass now declaring it my job to raise their kids)?

Seriously, the list above plus simply stating that you reserve the right to cancel service to any customer who places an undue burden on surpass would pretty much cover it. (i.e. youa ren't going to suffer out of pocket costs because of a customer)

Oh, and BTW what the heck is implied content? Seriously, do you mean implied death threats?

I don't expect you to lawyer up on behalf of my content, not in the least. However, it would be nice to have a terms of service over content that doesn't imply you are going to cave to the first self-important soccer mom who catches little timmy looking at/reading something she disapproves of.

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server - viva, this week, don't ask me where it actually is though, it's a long story.

H

From what I understand, that list their is more about legal issues. If Surpass is allowing you to have illegal files on their server it's likely that they would face legal action if any was to be taken. Sure, it's great not to have restrictions, but they are necessary to keep their operation running.

Kayla

Raz, we offer a lot for the prices we charge. We go through many issues a day that some hosts probably never deal with. We must have a TOS that protects ourselves.

If you are not doing anything wrong with your site, then you do not need to worry about the TOS. It is not there for _you_ at all, if you understand what I mean.

bodypainter

It looks like it's been changed again to remove the adult content clause.

Am I the only one who thinks the account holders should be notified via email of TOS changes? I have an adult site here and if I'd seen the first post (or the changed TOS) before it was changed again, I would have been looking for a new host.

Kayla - you can say it's not for us - wink wink nudge nudge - but the fact is that it is for us. I intend to play by the stated rules of whatever host I hire. Please let us know when you're changing the rules.

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Age doesn't always bring wisdom. Sometimes age comes alone.

Kayla

The TOS hasn't been changed in 5 months. It has always been the same.

The other day (Aug 21) someone asked if we allowed adult content. The TOS didn't say we did or we didn't. All it said was we don't allow content that is not suitable to minors.

This was foggy. I removed that.

I did not put if adult content is/is not allowed. The section of the TOS about content needs a rewrite.

We have always allowed adult content.

So basically, nothing has changed. One phrase was removed.

bodypainter

It may have been unchanged for 5 months but it wasn't always like that. When I signed up last year I made it a point make sure adult content was okay per the TOS and it was. Sometime between then and 5 months ago the TOS was changed.

That makes me uncomfortable. The TOS is an agreement between you and me and while you reserve the right to change the TOS, I expect to be told when you do. Please consider some method of notification when you change your TOS. It's the professional thing to do.

...thanks!...

__________________

Co-Winner: 2004 Surpassies - Ultimate Surpasser

Age doesn't always bring wisdom. Sometimes age comes alone.

Bigjohn

Actually there ought to be 2 TOS's.

One for dedi and reseller, and one for shared hosting customers.

The one posted more plainly reflects shared customers who are direct customers of Surpass.

John

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