Hosting Company Terms of Service (TOS), Part Three: Bandwidth & Utilization

 

front view of the cluster of Wikimedia servers...

Here it is, everyone … and, I know, the suspense has been maddening for all of us: Part Three, the final chapter in my series on web hosting terms of service (TOS). I will return to the conceptual admixture of Part One, capping off this trifecta with further thoughts not just on contracts, but on sentiments as well. As noted in that initial installment, the four places in which expectations are established between customer and client in hosting are in deals & offers, service level agreements (SLA’s), terms of service (TOS), and love letters sent by the company to its clients.

Let’s again briefly review what’s been covered to this point before moving forward:

  1. Introduction (company name, contact details, and an explanation of how parties will be identified in the document)
  2. Legal Compliance (an establishment of the notion that the company will not be held accountable for unlawful or rule-breaking behaviors by clients)
  3. Prohibited Usage (disallowance of adult content, plagiarism, software piracy, overages that infringe on others, interference with company tracking, etc.).

Today, we will move forward with additional provisions often included in the category of Prohibited Usage. Then we will move on to Bandwidth & Utilization. Again, these particular topics – both broad and specific – are not included in every hosting contract but allow an overview of stipulations and language you will typically see.

To create a distinction between the TOS and the love letter, the TOS is typically written in very specific legal language. The love letter your hosting company will send you is written in the language of the heart and sung in your best French accent (as all romantic literature should be), in a 3/4 time-signature, accompanied by maracas and sobbing.

Prohibited Usage (Continued)

As stated in Part Two, though prohibition is annoying for clients (no one wants to hear “no”), these guidelines are actually not all bad. Do you really want someone who is in the same hosting network that you are participating in hacking or high-malware industries such as pornography? If you answered maybe, well, that’s a better response than I get to most of my marriage proposal web hosting postcards: “Customer Survey: Will you marry me? (Check One.).”

The three standard sections left to cover are billing, mail, and customer support.

Billing

A hosting company will often specify that customers cannot use other people’s credit cards (what?!) or create a technological workaround to prevent the system from billing them correctly (double-what?!). Obviously, hosting companies like the purchase of their services to be an honest transaction. My love letters, similarly, are honest above all else. It’s with sincerity that I write, “I can’t stop thinking about your beautiful elbows.”

Mail

Typically provisions related to e-mail focus heavily on the prohibition of spam – technically called unsolicited commercial e-mail (UCE). Spam can be a difficult issue, because in some cases, companies send an initial e-mail asking for an “opt-in” from recipients. However, because people are so sick of unwanted e-mail, many will complain just based on the initial query e-mail.

Since mass-mailing is such a crucial part of online business, there are several things you can do to make sure you don’t become categorized as a spammer by your host:

  1. Implement double opt-in (good for marriage proposals as well).
  2. Include a note to recipients reminding them that they signed up for the list
  3. Make unsubscribing simple.

In addition to anti-spam provisions, the TOS may also state that mail will not remain on the hosting company’s servers longer than a specified time period, such as 90 days.

Support

Terms of service will also often include a section requiring that a client maintain a respectful, non-harassing relationship with the company’s support staff.

Bandwidth & Utilization

This section details what is allowable with regards to the following:

  • bandwidth – the “stream” through which your Internet traffic runs
  • utilization – usage of server storage and other resources.

 

Here are a couple of standard provisions:

Non-Transference & Reselling

Typically a hosting company will state that the client cannot use its space on the server to store materials that are unrelated to the specific website(s) listed in its account with the host. Additionally, the customer must use the company’s authorized reseller program if they want to resell the space allotted to them to other clients: it’s not okay to set up a system oneself to resell pieces of the hosting package. Similarly, I notify clients in my love letters that I am hooked and will no longer be reselling pieces of my heart to the highest bidders at Plenty of Fish (not the dating site – a fish market in Sacramento).

Hot-linking can be a problem regarding this provision. You might want to set up tools to prevent that. Generally speaking, you want anyone who is using images from your site to download the image and upload it to their own server rather than simply linking to the image on your site. Linking to your image may not be malicious, but it uses your bandwidth to populate the image on the Web; for that reason, it’s typically considered a form of “bandwidth theft.”

Conclusion

That’s it for our explanation of terms of service. This series has really been a small sampling of the types of content that is included in these documents. However, you should now have a reasonable understanding of the typical contents, tone, and scope of the web hosting TOS. Finally, let’s go to a baseball game. I want to ask you a question on the Jumbotron.

by Kent Roberts and Richard Norwood

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    additionally submit a whole list of each individual
    with a non-controlling curiosity within the retailer, although there aren’t any indications non-controlling curiosity holders can be vetted by the state
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    An inventory of all presents of any sort given to the retailer for its
    use in conducting business cannabis exercise. Monetary interest” means an funding right into a industrial hashish enterprise, a loan supplied to a
    commercial cannabis business, or some other fairness curiosity
    in a commercial cannabis enterprise.

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    surveillance (together with set up of 24-hour recording cameras of a sure pixellation that covers certain areas of
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    This publish publicly solutions those questions by listing the highest
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    the MMRSA However, the AUMA makes clear that it
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    a develop operation, and a lot more! In addition, a Board
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  • Dwelling » California Medical Hashish Retailer Licensing Guidelines.
    We also say this because California’s regulators are on a decent timeline to begin accepting applications for
    licenses in January 2018 and slashing and burning MCRSA proposed regulations shouldn’t
    be a great way to complete by that date. We anticipate the proposed
    MCRSA guidelines will not change a lot relating to the application course of,
    except where necessary to make them better line up with MAUCRSA.
    MAUCRSA defines premises because the designated construction or buildings
    and land specified in the application owned, leased, or in any other case held under the management of
    the applicant or licensee the place the business cannabis exercise
    will be or is being performed.

    Though this has changed below the MAUCRSA, you continue to should be in compliance with native
    legal guidelines to secure your California state cannabis license.
    California’s cities and counties will then have 60 days to tell the state whether or not the
    applicant is in compliance with native laws. What we don’t know is
    how energetic local governments will likely be in communicating with the state about native
    regulation compliance. We anticipate litigation will emerge in opposition to local governments that
    enable” cannabis operators to proceed through their silence, however then later object
    to these operations because of adjustments in local laws.

    The MCRSA retailer guidelines required retailers to have brick and mortar storefronts from which to
    ship hashish product to sufferers. MAUCRSA then again allows California hashish
    retailers to conduct gross sales exclusively by delivery” from a
    physical location that does not need to be open to the general public.
    For the reason that MCRSA laws did not contemplate such a model, California
    cannabis regulators will need to craft guidelines concerning such operations, which will have large ramifications for those
    delivery-solely retail operators. MAUCRSA zeroes in on stopping
    anti-competitive behavior between licensees, probably as a result
    of, unlike MCRSA, MAUCRSA presently permits for near
    total vertical integration for almost all licensees and does not yet limit the number of licenses an individual can have in a
    given class (exterior of Kind 3s, see under).

    What MAUCRSA would not do is explicitly clarify how these non-income would possibly transition to for-revenue corporations with out jeopardizing their
    licenses or prior local approval or triggering regulator scrutiny.
    The regulators acknowledged that this omission in MAUCRSA might
    foreclose particular regulation on the topic till additional cleanup” laws
    is handed down from the legislature. Although the general
    public remark interval on the MCRSA proposed rules has already handed,
    regulators harassed that they welcome additional feedback
    from hashish industry stakeholders ahead of their releasing proposed MAUCRSA laws within the fall.

    At the similar time, California hashish firms need funding now to scale up their operations in anticipation of future licensure
    underneath MAUCRSA and to appease local regulators via local
    licensing and allowing processes. The results of all that is that
    our California cannabis lawyers are seeing and dealing on many deals involving hybrid financing structures – an element
    of money investment now, and warrants, choices, and convertible debt later.

    This implies investors are trying to find creative ways to mitigate these risks, and dangers abound in cannabis
    regulations that change just about on a regular basis.

    Within the Oregon cannabis industry, we’ve got formed each kinds
    of corporations. The benefit company is required to undertake a third occasion standard to
    evaluate its efforts to perform a public benefit (such because the B Labs Impact Statement ).
    Every year, the corporate must additionally draft a benefit report
    detailing its efforts in reaching its public benefit, and distribute the report to its owners and thru
    its website. Wanting back, the hashish trade has made huge strides over the previous few
    years with respect to neighborhood integration and acceptance.
    Let’s examine whether recreational pot businesses proceed to embrace the profit model,
    particularly as key states like California come on-line in 2018.

    Commercial leases for hashish businesses are unique
    and require special concerns for threat administration during the tenancy.
    Shopping for and promoting shares in privately held cannabis corporations
    can set off state and federal securities legal guidelines and
    create regulatory issues under California’s cannabis licensing program.

    California’s proposed cannabis guidelines outline an owner” as
    an individual with 20% or extra possession in the licensed cannabis firm, a CEO or board member with 5% or more ownership in an entity with 20% or more
    ownership in the licensed entity, or any person who workouts course,
    control, or management” of the licensed business.

    A part of the rationale for complying with strict state-mandated security requirements is to further federal enforcement objectives, such
    as preventing diversion of product to minors or to states the place cannabis has not been legalized.
    By failing to sufficiently regulate entry in the lease, the owner can unintentionally entangle itself
    with the operations of the licensed cannabis
    entity and thereby place its tenant’s hashish license in jeopardy.
    Bottom Line: California commercial cannabis tenancies benefit from being
    saved as arms-size transactions in order to guard in opposition to problematic entanglements,
    each intended and unintended and any proposed tenancy must be analyzed with this
    purpose in thoughts.

    Turns out priority assessment will truly net you a brief state license to operate this fall, however you possibly can only get precedence assessment in the event
    you have been in operation and in good standing
    along with your native jurisdiction by January 1, 2016” What this actually means
    is that a great variety of pre-current non-revenue
    collectives are going to get first dibs on non permanent licenses whereas all other license applicants
    should wait until January 2018 to start receiving their licenses.
    Many of those pre-existing non-profits need to know whether they can go for-profit now
    and still obtain priority evaluation from the state
    since part of the evaluation of priority review is whether or not your
    possession or premises are presently the identical” as they
    have been on or by January 1, 2016.

    Part 40300 of California’s cannabis manufacturing rules sets forth
    all products that can be outlawed if these rules are adopted.
    Ought to this model of the foundations be adopted, products that will be barred include cannabis-infused alcoholic drinks, nicotine,
    or caffeine; any canned cannabis product; any juice;
    cream or custard-crammed pies; pies or pastries which consist in whole or in part of
    milk or milk merchandise, eggs, or synthetic fillings; meat-filled pies
    or pastries; dairy products of any variety; meat products of any kind; and seafood products of any kind.
    All of this implies that inventive meals makers and infusers are possible to be largely sidelined
    from California’s hashish game.

    Observe although that no California rule prohibits out-of-state firms from applying for California cannabis licenses
    so long as they are registered to do business in the State of California.
    In different phrases, California’s medical hashish business goes to be open to out-of-staters
    and even to companies primarily based exterior the United States and plenty of out of state and even out of country companies are getting ready to do cannabis enterprise in California.

    California has made clear in its initial guidelines that its medical cannabis licenses aren’t transferable — and most local governments aren’t going to allow for transferring cannabis permits both.

    In addition, the cultivation rules include strict ownership restrictions
    on Kind three (medium cultivation) licenses. Though the MCRSA and the
    AUMA have lots in common in addition they have notable
    differences, together with totally different models on native approval, residency, vertical integration, and
    distribution. The differences between the MCRSA and AUMA
    are highlighted by the truth that although some local governments are embracing medical cannabis,
    they’re rejecting grownup use hashish industrial activity on the similar time.
    Till then although, cannabis stakeholders want to realize the variations between these two legal guidelines and plan accordingly.

    Now, among other necessities, distributors shall be required to retailer cannabis batches on their premises during testing, testing lab staff shall
    be required to obtain samples for testing and transport those samples to
    testing labs, and distributors shall be required to conduct a top quality assurance overview to make sure compliance with
    labeling and packing requirements. The AUMA contained a residency requirement that’s now been repealed by the
    MAUCRSA. The MCRSA by no means had a residency requirement, however that is
    still a significant development since it means out-of-staters and even overseas
    companies can arrange store in California for medical and recreational marijuana.

    Though numerous California regulatory companies should return to the
    drafting board on creating rules stemming from the MAUCRSA,
    we anticipate future rules can be just like the ones launched at the finish of
    April, at least for operational standards and disclosures to the state.
    Nonetheless, the passage of SB ninety four signifies California is taking
    a enterprise-pleasant approach to cannabis industrial activity, which is barely going to boost California’s potential
    to be the number one state for hashish commerce within the
    U.S. Hilary Bricken is an legal professional at Harris Bricken in Los Angeles, and she or he
    chairs the agency’s Canna Law Group Her follow consists
    of representing marijuana companies of all sizes in multiple states on matters
    relating to licensing, corporate formation and contracts,
    commercial litigation, and mental property.

    Is a California Skilled Authorized Corporation that specializes in all areas of medical marijuana enterprise law.Please don’t
    hesitate to contact us for a session on how to set up your medical hashish enterprise right
    this moment. Please be aware that possessing, utilizing, distributing and selling marijuana are all federal crimes and
    that this weblog isn’t intended to present you any authorized recommendation, merely authorized points to think about and inquire
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    The sales of medical marijuana in California have been going on because
    the voters adopted the Compassionate Use Act (i.e. Proposition 215)
    in 1996. Though the regulation did not formally
    legalize marijuana use in all circumstances, it (together with different
    legal guidelines akin to SB 420’s Medical Marijuana Program) provided protection towards prosecution for marijuana possession and cultivation for personal medical use in certain situations.
    A person must display that they’ve a doctor suggestion (not a prescription) to make use of marijuana on account of a
    medical situation. In June 2015 the Santa Monica City Council adopted
    an updated Zoning Ordinance which contemplates
    authorizing two medical marijuana dispensaries with onsite cultivation.

    Nevertheless, AUMA doesn’t enable for business sales without both a state and native permit, and clearly supplies
    that native jurisdictions proceed to have full
    authority to regulate or prohibit any enterprise establishment
    dishing out recreational marijuana. Though AUMA authorizes adults in California
    to legally possess, use, and transport leisure cannabis, however,
    there may be currently no place within the state to buy recreational cannabis, since licensed medical dispensaries should not allowed to promote leisure cannabis (i.e.
    to adults over 21 who wouldn’t have the required doctor’s advice to buy medical marijuana).

    Applications for cannabis related companies will not be currently being accepted
    until additional discover. No. Though Proposition sixty four did take
    effect November 9, 2016, the day after the election, please word, it requires a state license to engage in business nonmedical marijuana activity (i.e.
    recreational). That means any leisure marijuana establishment should
    receive state and local permits earlier than operating;
    however, neither the State nor the Metropolis of Santa Monica
    are ready to difficulty such permits. Beneath AUMA a person 21 years of
    age or older may now possess, process, transport, buy or disclose to persons 21 years of age or older no more than 28.5 grams of marijuana
    within the non-concentrated form and not more than 8 grams of
    marijuana in a concentrated form together with marijuana merchandise (like edibles and extracts).

    But bear in mind, these laws are mandated by the
    state and do not include or exclude those established by native governments.

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    program is completely voluntary. There is no such thing as a legal difference between having a MMIC or just having a
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    you’ll first must get your doctor’s advice. http://guerrier.com.br/index.php/component/k2/itemlist/user/198674

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    Pennsylvania’s Medical Marijuana Program only permits for non-smokable hashish merchandise and hashish extracts.
    Until that time although, and even though authorized ramifications related to pot use
    have already been severely diminished, the only technique to purchase hashish in California is by attaining a health
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    It is beyond the intentions of this treatise for Dr.
    Greenleaf to explain with precision the molecular mechanism of
    motion of the binding course of between the agonist and the cannabinoid receptor.

    Our Physicians provide evaluations and medical cards in accordance with Florida
    Medical Marijuana state regulation. This piece of paper is the recommendation that will grant you access to any and the
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    MyTelemedicine physicians reserve the proper to disclaim take care
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    would have legalized recreational marijuana, but Cuomo’s spokesperson known as it a non-starter.” During the medical-marijuana debate,
    Cuomo described pot as a gateway drug ,” citing the
    state’s heroin and opiate prescription drug abuse problems, so it seems he’s not evolving in a short time on the problem.

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    folks commonly check with it as a weed card” or pot
    card” or cannabis card”. As required by California law, the physician carried out a very good religion bodily
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    denying that) to regulate medical marijuana consumption, and it
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    can purchase the herb. In case you acquired your legal medical paperwork wherever exterior of the state of California, they will not be legally acknowledged.
    One other day handed before she reached her rheumatologist, who claimed not to have authority over medical marijuana issues and referred her
    to a normal practitioner.

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