Website hosting legal issues

If you are website host, here are some web hosting legal and contract issues to consider. Many apply whether or not the hosting is on a dedicated or shared server or by means of co-location contracts.

A key issue is of course your level of service to customers (also known as SLAs or service levels agreements). Maybe you guarantee server uptimes and user response times. Have you restricted your legal liability for breach of the SLA to the amount of service credits?

If you’re reselling hosting space, ensure that you’re not promising customers more than you’re entitled to from your supplier. Otherwise you might be caught in the middle!

And if your website promises more than your terms and conditions, you may be held to the former.

You need carefully drafted clauses limiting your legal liability, given the potentially massive legal liabilities if there are in interruptions to trading websites hosted by you.

And what about say piracy or defamation on websites you host? Lawyers acting for aggrieved parties often focus on the hoster as an easy target. You will probably be liable if you don’t quickly remove infringing material. But your customer may threaten to sue you if you do. So you need a suitably wide acceptable use policy and to ensure that your hosting contract allows you to do what you need to do.

We can advise on website hosting contracts. For a free initial chat and more information about web hosting legal issues, call Adam Taylor of Adlex Solicitors on +44 (0) 207 317 8404 or email.

See also:

internet law homepage
internet regulation
internet privacy
internet terms and conditions
white label contracts
web design legal issues