I currently run an SMS site, the kind where you put in someones phone number and it sends them a message. For over a year it was fine, until about a week ago when my account got suspended from my hosting provider. They said they had been getting a lot of complaints about harassing text messages being sent from my site. So after much talking I got my account back, but they said if they got any more complaints they would shut me down again. Is there anyway to prevent this from happening again? The site is off the server at the moment to stay safe. I had a warning in the bottom saying I was not help responsible for anything sent from this site. Any help would be great. -Adam
Okay, so I am not in any legal trouble? Is it safe for me to put the site back up if I try and take some of these steps you mentioned?
Are you recording any identifiable details of those who send the SMS? or is it like 'any come and send a message to anyone'? If you fail to prove that the message was sent by someone else, the court will hold you at fault. You may argue that 'I just run that site or service', but the court may require you to present the user who actually sent the message. You may again argue that 'the one who uses the service must agree to the TOS that they shall send SMS to only people they know, or send bonafide SMSes'. But if the user violated the TOS, whose responsibility is it to restrict the user from using the service. Alas, someone may say that "Adam S wanted to harass me. Hence he started this pubicly available website so that he can easily blame it onto an anonymous user and escape the law." The only condition you are safe is when you can present the malafide SMS sender, and not just say 'some user misused it'. IANAL, but I think this is just.
ohk adam i can help with recording also,let me knw if u need help I am web developer also i wish u to take registration before sending sms with verified emails dat will help a lot
Rather than email registration, ask them for mobile no. registration. Something like: A user creates his new account. You ask him for his mobile no. Then, send a confirmation code to that mobile and ask him to submit that code on your website. If confirmation is successful, allow the user to use the service, else kick him out. Of course the loophole here is one may use stolen mobile phones, but then, its not YOUR trouble, just like stolen credit cards aren't a merchant's concern.
Thank you , I am not so sure of how to edit these things in, the site I bought was a turnkey type site. I really hope I can get this site back up, it was my main money maker.