Hosting, uploading, and liability

[zac439]

just wondering, who would be liable if someone uploaded malicious code to a server, it attacked another server, and victim server blamed the hosting server?

by the way, lets say the terms of service says we arent liable for any damages or content uploaded to our server, and it must be checked in order to register.

just wondering, it hasnt happened. yet.

 

[Camron]

Still if it was coming from your server you would be in fault. I'm sure the person uploading it would be contacted and probaly get in pretty big trouble too, but you are the one providing the service, and if the server is in the USA, you would be liable in most cases.

Regards,

 

[SpareDomains]

your terms of service is basically for your users so if they break a rule you can suspend or delete their account and have a justified reason, if someone breaks a rule and causes damage elsewhere yes it will look nice that you had terms but they could still drag you into court and make a claim that you didn't police your server good enough, then you would have to explain the situation and possibly sue the user on your end, so basically if you don't have legal representation on your end then you wan't to keep an eye on things rather closely especially if this is a free service as usually those attract problem users.

 

[primacomputer]

Your TOS can't protect you from claims by anyone who hasn't agreed to it. For example the owner of the other server yours attacked, who has ticked nothing. You can require your users to indemnify you, but if they are incapable of doing this they can't deliver.

Your TOS also can't protect you from criminal liability There seems to be a trend towards making people liable for security negligence. There is no fixed universal law here.

You may be protected by certain laws that cover service providers. For example, the telephone company can't be held liable simply because a telephone was used in committing a crime. Again laws vary from place to pl

 

[fonzie_007]

I believe that you would still could be liable but that you could be indemnified by the offending party.

 

[labrocca]

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