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Web Host - Terms of Service: User Submissions, Content

Discussion in 'Legal Issues' started by 1voyager2, Oct 28, 2017.

  1. #1
    I am in the throws of looking for a new web host for my new site.
    As I read through the Terms of Service for the ones I'm considering, I'm running into things that are giving me a "Danger, Will Robinson" feeling.

    I'm running into terms regarding User Submissions and Content that are similar to these excerpts:

    Solely for purposes of providing the Services, you hereby grant to "The Web Host" a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, "The Web Host" does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.


    By posting or publishing User Content to this Site or through the Services, you authorize "The Web Host" to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant "The Web Host"a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and "The Web Host"’s (and "The Web Host"’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that "The Web Host" may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, "The Web Host" shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or "the web host"’s (or "the web host"’s affiliates’) business(es).


    "The Web Host" shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.


    1st question is:
    What is the difference between User Content and User Submission?

    2nd question is:
    These sound to me as if they are reserving the right to use anything on the user's web site as they see fit for any reason they see fit.
    Is this a correct interpretation, or am I reading more into it than is actually there?
    1voyager2, Oct 28, 2017 IP