View Full Version : Liability, Reselling, Shared Space
03-22-2012, 05:05 AM
First, let me make it clear that I am not asking anyone for official legal advice. :wink:
For the past few years, I have had several small businesses and individuals pay me to design websites for them as well as provide hosting. I have been doing that by way of IRMs since the sites they need are very simple and small in size.
In other words, from a technical standpoint, the IRM has worked great for my needs.
My concern is more along the lines of liability for content. Based on what I've read, if someone sent me a stolen image to put on their site, and if I did put the image up, and if there were a legal dispute about said image, I would be the one liable since I "own" the server space.
I do have a terms of service contract that I use with clients that indemnifies me in this event, but I'm not sure that it would hold up under those conditions.
This hasn't been a problem so far. However, I am in a period of rapid expansion, so I am going to be dealing with a different sort of client moving forward.
How does everyone else deal with hosting for clients, especially those who know nothing about computers?
Do you all resell FQ packages? How do you go about that? Is there a best way?
Are IRMs really the best way to go? Someone please give me an amazing, complete, far-reaching answer to my questions! :bow:
03-22-2012, 09:19 AM
IMHO, as the reseller, I'm sure you're responsible for any/all content, and problems could/would affect YOUR account holding all the IRMs/IROs.
03-22-2012, 04:57 PM
I agree with you 100%. As the actual account owner, I am responsible for all of the content. That hasn't been a problem for me so far because I operate on a small scale and keep a very tight watch over all content that is going up.
However, I am in the process of expanding, so I want to transition to the point where the client is responsible for the content. I am working on this via my terms of service contract; however, that doesn't take care of the server problem.
Therefore, I am asking for the best way to go about getting a client set up with hosting so that I am not liable for anything. If I simply email them a zip folder with the files in it and they post it, that's not a problem for me. However, most of my clients are not really capable of comfortable with setting up a hosting account and then uploading the files themselves.
I want to do this part for them, but I want them to directly pay the host themselves. I also want to be able to upload the files for them on their account. Does that make sense?
03-22-2012, 06:23 PM
It sounds like they need to set up a full account on FQ and be fully responsible for content. Then they hire you as the website technical manager, and your contract states you are not responsible for determining the fitness or legality of any files posted to their website. There's no amount of language that will separate your responsibility to FQ from whatever they may ask you to do.
On the other side, if you've any hint that improper items could be uploaded/displayed, I'd send them elsewhere and help keep FQ's rep clean. ;-)
03-23-2012, 05:04 AM
I agree with your perspective. I do need to have them set up their on full-hosting package.
I'm not really concerned with things that would "damage" FQ because I'm not talking about things like pornography, etc. I don't do any work like that, nor would I. I am more concerned about someone asking me to put an image on their site that they don't own, or someone sending me some text that they didn't write and don't have the rights to. I can keep a close watch on this stuff right now with five clients. However, how close of a watch can I keep on 50 or 100 clients? Not very.
Is there a streamlined way that I can get the process of their having a full package and my being the technical manager? Is there a way that I can get a kickback from FQ for getting another customer for them? Etc.
Is there a way that I can get a kickback from FQ for getting another customer for them? Etc.
Is there a streamlined way that I can get the process of their having a full package and my being the technical manager?
There are two methods I have seen used by others...
1: Have the client order the hosting package and make sure they include a comment to the effect of "Add firstname.lastname@example.org as technical contact"
2: You order the hosting package in your clients name using your email address and after it is up and running change the primary email address to the client's address leaving yours set as technical.
A third method is also available, order the hosting package in your name and contact information and once you are done with creating the site Transfer the package to the client.
03-23-2012, 05:58 PM
Thanks, Bob. That was exactly what I was looking for!
03-25-2012, 01:12 AM
... so I am going to be dealing with a different sort of client moving forward.
You mean the kind that pays your invoices?
[Sorry ... couldn't help it.]
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