Hi I would like to create a website, my hosting is Justhost.com (I think in US) and I live in Australia. If I want to create a T&C page which country regulation or law should I follow ? Thanks
Disclaimer: I not a lawyer, so do not take this a s legal advice BUT, I recently faced legal action due to some posts on my forum. The legal advice I got was that I am only legally accountable as a 'publisher' where I (or my company) is resident. It did not matter where the server was located. It did not matter where the person who posted the information from. (I managed to get out of the action, mostly because they were in another country and they would have had to engage lawyers in my country to go after me - too costly for them in case they lost)
Where ever you do business - that is where people with disputes against you must file. If you have a dispute with someone else... you can't force them to come to you... you have to go to them. In the event of international disputes governing agencies like WIPO can be used to bridge the independent laws of membered countries.
Respectfully, this is not true. You can force people to litigate where you want them to litigate. The problem you'll have is that nobody will want to do business with you if they want to do business in their local area in Brazil but you can only sue in Singapore. If you're doing business in the US, you'll probably use the state that is most advantageous to you, if there is one, e.g. where your friends might be if you need them.
That's a round about way of saying the same thing. If I'm suing you it's quite advisable to sue in your jurisdiction. I suppose you are quite correct... if I really want you in Tibet and your legal counsel doesn't show that's your problem. But really if you aren't in Singapore, and you don't operate in Singapore the laws of Singapore don't apply to you and as such it's pointless for anyone to sue you in Singapore. "YOUR TOS" apply to the country you operate in... if you are Google Inc. that's almost all countries so your TOS for US folks is based on US terms & conditions as well as any state specifics... in UK - it's UK... if you operate in Australia and only in Australia then your TOS is only Australian. If in China for example and you don't obey China's laws your audience there won't have access. Granted a US host in whatever state MUST obey US laws and any state laws and that could have some impact on claims associated with hosting specifics... but short of you being a hosting reseller "there" your business/domain doesn't exist there. IMHO
Google it but theres so much about it, maybe check with a lawyers firm to see if they have any cases alike your question. Better safe then sorry!
Several good answers here, all with a slightly different take on what you asked. I will add another since I read your question just a little differently. You may not violate the laws of whatever country your host is located in. Their TOS should cover that. For your protection your TOS should cover the laws in your country. You may further restrict that by saying that access is only granted to visitors who agree to your terms of service. One of the conditions of the TOS may legally be that any actions brought must be brought in your local jurisdiction. That means if some one wants to raise a cause of action in the courts it must be filed where you specify. Mine all state: "This Agreement shall be governed by the laws of the Commonwealth of Kentucky, USA and you and the web site each submit to the exclusive jurisdiction of the courts of that state or province." That's where I live and if you want to sue me you need to come here to do it. I am not a lawyer, your laws may vary, but I am willing to say I feel pretty sure I have it covered.
the content of website should not violate hosting place law. the business you are doing should not violate the law where your business located