How do i make a proper TOS for an imagehosting site

[dustin]

What is the name of your state (only U.S. law)? Edmonton Alberta Canada

I am designing an image hosting service that is very similar in concept to imageshack.us, and i was just wondering what would be involved in setting up a proper TOS agreement that would absolve me of responsability if a user uploads a copyrighted image or what not.

it seems like most sites have them so there must be an open source TOS agreement that i can use, but i cannot seem to find it. Either way any input would be much appreciated.


also below is a link to the imageshack TOS
ImageShack® - Rules


thanks

 

[FlyingRon]

US LAW ONLY.

In the US, nothing you put in the TOS will "absolve" you from you hosting information that infringes on other people's copyright. In the US, the government gives you an out if you set up the appropriate reporting points and promptly remove infringing material that you are notified about.

Still in the US or Canada you are advised that starting up such a business is not without legal issues and that help from a lawyer rather than an internet bulletin board is suggested.

 

[The Occultist]

Unfortunately, no TOS or disclaimers will truly protect you from liability. Your best bet is to read up on your DMCA, especially the bit about Safe Harbor.

EDIT: heh, didn't notice you're outside the US. My advice might not apply.

 

[dustin]

US LAW ONLY.

In the US, nothing you put in the TOS will "absolve" you from you hosting information that infringes on other people's copyright. In the US, the government gives you an out if you set up the appropriate reporting points and promptly remove infringing material that you are notified about.

Still in the US or Canada you are advised that starting up such a business is not without legal issues and that help from a lawyer rather than an internet bulletin board is suggested.

they must be quite lenient then, because imageshack and flickr are packed with copyrighted images and there are tonnes of sites that run on taking copyrighted images like skins.be, celebies.com

either way i will make a reporting system that will allow owners to remove their files, along with an admin interface that will allow me to take down said files much faster.

also i will see how much talking with a layer will cost cause i don't feel like going to jail over a stupid site that will probably make no money

Unfortunately, no TOS or disclaimers will truly protect you from liability. Your best bet is to read up on your DMCA, especially the bit about Safe Harbor.

EDIT: heh, didn't notice you're outside the US. My advice might not apply.

thanks i will research more about the Canadian DMCA