My site offers people and businesses a chance to have their very own online forum where both staff and management can talk about working issues. Once a forum has been set up it is up to the individual administrator of the forum to make sure everything is in good order. I have several disclaimers posted on the site, at registration, and on every forum, there is a support forum and email support if anyone has any problems or complaint. I don't want to go down the old road of freedom of speech on the internet etc... If a company or individual did have a major problem with a post on a forum, or a forum itself, would it be me who takes the flack? Thanks in advance.
Assuming you live in the US, you are pretty well protected. People that host user generated content websites are not responsible for the content the users post. Make that clear in the terms of service and in the forum rules and you should be okay. That said you can be sued for just about anything, but your chances of winning are strong.
Thank you MelogKnaj. I am in the UK, but my host is in the US. I think my disclaimer covers everything!
I would get a more detailed disclaimer, more of a full blown TOS. As you may not accept responsibility, that doesn't protect you from being sued by someone. You may want to add something along the lines of if you are sued by an entity for content that is on your site through someone elses forum, the person who is running the forum is responsible for your legal fees. You may also want to post something along the lines of nothing posted in those forums may be of illegal content. Make sure what they post is in accordance with your hosts TOS as your host will hold you responsible, and if they receive a DMCA notice they will cut you off right away, to protect their immunity. A lot of companys/people are going right to the host now a days (I know, I have gotten several recently for my clients) You have nothing in there about not allowing illegal content, your screwed there if someone posts that and gets reported before you add that. I would suggest you either look for several sites that offer services along the same lines as you that are based in the UK and go off their TOS, or hire a lawyer to write it for you. I didn't just look at your little legal disclaimer you have, I also looked at the one for creating a forum. You may also want to display it on a page on your site before they get to the create a forum section (not so much for legal purposes but for your potential clients) as well as where they sign up, them agreeing to it, that will protect you. Just my 2 pennies (or 5 pounds lol)
Apart from the disclaimer, I would suggest to put one in the initial agreement(the use of your forum system agreement) that say something like the user will take reponsibility themself.