ISP and web host conditions: Checklist
Note: In this checklist, all references to an ISP also include a
web host.
- What warranties is the ISP giving in relation to access to the
internet? (e.g. service will be available 99% of the time).
- What limitations are there on the liability of the ISP? Are
they reasonable in the circumstances?
- Has the ISP limited its liability in relation to the accuracy
of the information which you may find on its web pages and on the
web generally?
- Will the ISP provide you with email accounts?
- If so, how many and on what terms?
- Do you have to use an email account for it to continue to be
operative?
- Will the ISP clear information from its email servers?
- If so, how often? Does the ISP reserve the right to terminate
or suspend an email account?
- If so, in what circumstances?
- Will the ISP register domain names on your behalf? If so, who
will own the name?
- What are the payment terms (if any)?
- Will the ISP provide web hosting services? If so, are there any
restrictions on the amount of space that your site can take up or
the amount of bandwidth that it uses?
- Does your ISP reserve the right to suspend access to or remove
your web site from its servers? If so, on what grounds and what are
the consequences?
- Has the ISP asked you for an indemnity for intellectual
property infringement and/or liability for any unlawful material
appearing on your site? If so, is there any limit on your
liability?
- Does using the ISP's service constitute acceptance of its
terms?
- Has the ISP reserved to itself the right to amend its terms and
conditions? If so, what notice does it have to give you?
- What security measures has the ISP put in place?
- Does the ISP have an authorised use policy? Typically, ISPs
will seek to protect themselves against incurring liability by
having an authorised use policy that contains provisions relating
to:
- accuracy of information on the web
- user's obligation to back up the website
- limiting ISP's liability for loss of data
- imposing obligation on user to ensure that it:
- has obtained all necessary third party consents and
licences
- has ensured that all the material on its site is lawful
- has ensured that it complies with all advertising and other
applicable regulations
- has ensured that the site is not defamatory
- Prohibits dissemination of email lists
- Prohibits spamming (the sending of unsolicited commercial
email)
- Reserves to itself the right to remove material or
suspend/delete the site
- Reserves to itself the right to change the Authorised Use
Policy.
