terms of service question
 

I am using a generic terms of service. I notice part of it states the following:

Now is the above based on where my actual server is? Which happens to be California so I just leave this? Or is this based on where the site owner lives? I live in New Zealand, so should I be substituting USA for New Zealand? If anyone knows thanks!!

Hey hey fellow Kiwi! :)

I use New Zealand in mine..because it's targetted at Kiwis, and I also live here, so it makes it easier to contact *our* law enforcement officials than say, those of California's.

What's your target niche? In some cases it would be an idea to leave it as Cali, because the Host would have to obey the laws of that state.

Hey there :)

Well my site is an international photography community. I rent a dedicated server in California. The breakdown in users would be North America, UK, Aus, etc.

Well.. I would still consider using New Zealand...geographical convenience.

Perhaps "New Zealand [B]or [B]California"? And specify that the server is there?

God, it gives me a headache to read that. :(

Legal stuff always does. :)

cool, also, do you think this covers me for the content posted on my site? Basically I do not want anyone to have the right to delete their account or posts. I already know my members are ok with that and it's just to ease the overhead of people wanting to leave-have their account deleted-have their posts deleted, etc.

If I interpret this correctly it says they own the content, yet give me the right to use it permanently. That then gives me the power to keep their account and posts..

It looks okay to me, but I'm no lawyer. :)

If you are really worried about it all, see if you can find a lawyer. CAB should be able to point you in the right direction.. and Citizens Advice Bureau advice is free.

Unfortunately that will not cover you; The United Kingdom Privacy Laws are respected by that of the United States and all friendly countries, therefore if I choose to have my account deleted from your site for Privacy reasons, you must comply - However, regarding post content, that is something that you would need to speak to a lawyer about; I as an individual can post it anywhere I choose providing the content is mine, but under Copyright laws you need my permission to post it elsewhere; If you stipulate that by posting it on your site you are taking part-ownership of the content for use on your site, that would cover you, although open you to the issues of bad post content etc...

Its a tricky situation, you'd be best consulting a Lawyer about it, however, as a British citizen, a country on friendly terms with the United States, stating that removing my account is not allowed unfortunately does not make it so; I assume that Privacy Laws in this country will override your rights in this instance :)

Chris

Well, I can live with deleting an account, but not some joker telling me to delete 4,000 posts (posts that add value to the community), so that's the main thing I want to cover. I was thinking that stating this:

By displaying or publishing ("posting") any Content on or through the (site name) Services, you hereby grant to (site name) a permanent license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the (site name) Services.

I guess wether it can be enforced or not is the question. They agreed to give me a permanent license to use that content. Guess I'll have to find a lawyer to advise me..

That wording could confuse some people as to your intentions; I had to read it twice to actually recognise that you meant re-distribution within your own site...

Chris