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Hosting Agreement


nancy
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I have only one reservation before signing up for Totalchoice, and that is a clause in the hosting agreement which reads...

"In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a

material breach of this Agreement, and TotalChoice Hosting may,

...(ii) take possession and ownership of any of your property

(including any and all intellectual property) in TotalChoice Hosting's possession at the time of such nonpayment

... You agree to sign any documents to facilitate such a transfer..."

 

That is like agreeing that the bank can have your children if you get behind in your mortgage!

Someone asked this question in November and was told that the only potential "right" TCH had to our intellectual property

was to post it on our pages, but this clause agrees to much more than that.

I didn't find a similar clause on other agreements.

 

Can I sign up without agreeing to the potential loss of my intellectual property rights?

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I would think that this clause can be blamed on over zealous attorneys.

 

I also think that it should be removed from the terms of use or any contract.

 

Had I read more carefully before signing up, I might not have joined Total Choice :D .

 

Wonder what else I missed?

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...(ii) take possession and ownership of any of your property

(including any and all intellectual property) in TotalChoice Hosting's possession at the time of such nonpayment

I am not the person who can give a definite answer (they will come along shortly). However, my understanding is that it is there for the simple reason that we may remove your site from our servers if need be (failure of payment).

 

If you think about it, your site is 'your' site. It just happens to be on our servers. We have to have the right to take that property (i.e. the site) and remove it from the server. Technically, if you do not give us that right up front, we could never remove your 'property'.

 

Again, you will get an official reply from the 'big guy'.

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I agree with Scott.

 

IMO, those terms are not on the contract so TCH could steal your site from you.

It's just a legal precaution so that if a site is deleted for not conforming with the rules of the service, the client doesn't sue TCH for destroying his/her property.

 

Perhaps this could be changed to something that states exactly that the client gives TCH the right to destroy (or delete, whatever) his property (the web site) if the rules are broken?

 

But as Scott said, wait for the answer from the higher powers :D

Edited by TCH-Raul
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Please review the revised Terms Of Service....

 

In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and TotalChoice Hosting may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, TotalChoice may, delete any and all content from the TotalChoice Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.

 

Tell me TCH doesnt listen to the client base!

 

:D

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I'm sold! and I just signed up, so in "6-24 hours" I'll be part of the family. Thanks for making that change. TCH "deleting" my stuff sounds much better than TCH "owning" it. I have a sterling credit rating, so I didn't worry about the clause going into effect, but I used to work for a lawyer so I always take small print seriously. Thanks for responding so terrifically!

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