Some Questions

Hello:

I have a few questions before I sign up for the service.

1. My website is: www.animeomega.com, anything that might violate the ToS?

2. If one of my users (or staff members) posts something that's against the ToS (or my website is hacked, etc.), is my account suspended automatically or I'm I given a time frame (for example: 24h) to fix the problem?

For example: In my forum, some of my users like to share files using rapidshare, megaupload, etc. I don't have the time or the resources to check if those files are legit, but if I'm notified that something is ilegal I will delete said file. Do I get a warning or will my account be permanently suspended?

3. Can I (and my users, staff members) post adult-drawings (hentai) on my site hosted by dreamhost?

Info.: http://en.wikipedia.org/wiki/Hentai

4. My site's bandwidth usage is aprox. 300-400 Gb/month. Will dreamhost handle it?


That's all for now, thanks.

I have seen Dreamhost host sites similar to this. I would recommend checking with Dreamhost's sales department.

If you or your users post anything on your site that violates the TOS, and DreamHost suspends your account, do not expect to be given any warning or access to backups. If you aren't sure if you are going to violate the TOS, you probably ARE going to!


-- si-blog --

In reply to:

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1. My website is: www.animeomega.com, anything that might violate the ToS?

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In my opinion, most likely, the answer is , "Yes". You can check with DreamHost to be sure, but "cracks", unlicensed copyrighted images if used without permission (you appear to have many), possibly your mp3's / lyrics (I didn't check for specifics), etc.. are all problems with the ToS waiting to bite you.

Just my opinion, and worth exactly what you have paid for it., of course YMMV!

--rlparker

Thank you for your opinion, rlparker.

From what you've seen,

Is it safe to link to X (something I'm not sure if it's copyrighted or not) on other servers (rapidshare for example)?

Images are user uploaded content, is it safe to assume they (the users uploading the images) have copyrights over the images they uploaded?

If I get complains, I will gladly remove any copyrighted content. I have no way of knowing if users are uploading images they made or images they found/stole. Will dreamhost be aware of that fact and send me a warning so I can remove anything against the ToS, or will they take my money and suspend my account?

In reply to:

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From what you've seen,

Is it safe to link to X (something I'm not sure if it's copyrighted or not) on other servers (rapidshare for example)?

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That is a determination you will have to make - I always assume that anything not clearly stated to be freely distibuted is copyrighted.

Additionally, IMO, the "cracks" you currently link for download, that are stored on your own site, are *clearly* in violation of the ToS, and the law (cracks for commercial software, etc.).

In reply to:

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I have no way of knowing if users are uploading images they made or images they found/stole. Will dreamhost be aware of that fact and send me a warning so I can remove anything against the ToS, or will they take my money and suspend my account?

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Allowing others to upload whategver they want always brings potential exposure to you, both under the ToS, and the law (though that varies by circumstance and jurisdiction). I do not know what you could reasonably expect in the way of enforcement action from DreamHost; they have said each case is evaluated on an individual basis, and you should ask them for any clarification you desire.

You might note that, in the totality of the circumstances, you will be hard pressed to persuade DreamHost, or any other reputable provider, that you really are willing to obey the ToS and that you should be trusted, while you are directly hosting "cracks" and/or other material you cannot legally distribute.

Information in these forums indicates in some instances, like the "cracks" hosted on your site, you could well end up just having your account closed and no money refunded - that's a pretty obvious, and blatant, ToS violation.

There is a lot more information about all of this, including what to expect from DreamHost in the way of enforcement, on the DreamHost Abuse Center site.

I think if you read all that information carefully, you should have most of your answers - and that you should ask DreamHost directly for information on anything you are not clear about, as they suggest in those pages.

--rlparker

In reply to:

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Is it safe to link to X (something I'm not sure if it's copyrighted or not) on other servers (rapidshare for example)?

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There's still plenty of legal rigmarole going on over this; it's hard to say by my money would be on DH prohibiting it. Doing business in the US means lawyers, and lots of lawyers make their living off of litigation. It's unfortunate in some ways, but it's usually a bad idea to aid in the distribution of illegally got gains.

In reply to:

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If I get complains, I will gladly remove any copyrighted content. I have no way of knowing if users are uploading images they made or images they found/stole. Will dreamhost be aware of that fact and send me a warning so I can remove anything against the ToS, or will they take my money and suspend my account?

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I would say you're on perilous ground - as the account holder you and you alone are the responsible party for pretty much any and all content. I would imagine that any more than a very few complaints (regardless of what period of time they occur in) will earn a boot-off.

I think the relevent part from the abuse center would be

"I didn't upload this - one of my site's visitors did."

You are, ultimately, responsible for any content associated with your account. We will take into consideration the fact that it's not always possible to prevent 3rd parties from uploading such material (particularly in message forums, wikis, etc), though it is expected that the operators of such sites will create and enforce policies to act quickly when such matters are reported, prevent ongoing abuse, etc.

This would suggest that if you have a well defined policy for removal of copyrighted material and enforce it consistently then this would be taken in to consideration. So ensure that you have a TOS with clear contact details that allow you to be contacted in the event someone wants something removed and that you respond quickly. I don't guarantee that this would prevent your account being closed but it would help show you were responsible for your sites content.

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