Web Hosting Services And Defamation Law

Generally, a provider of web hosting or a domain name, is not liable for defamatory content that is on the website or the domain name. However, web hosting providers can be liable for defamation in certain limited circumstances.

§230 of the Communication Decency Act of 1996 provides that;

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

There are various cases where the court has found that §230 does not apply. For example, §230 does not expand or limit otherwise applicable trademark law. In the case of Hall v. Mindspring, where Gucci sued Mindspring, a web hosting provider to take down content the violated the Gucci trademark, and informed Mindspring that the website hosted by them violated the Gucci trademark on various instances and Mindspring did not take it down, the court found that Mindspring could be sued for assisting the website in violating the Gucci trademark.

This case is a prime example of how web hosting companies can be found to be liable for something that is hosted on their network. If the web hosting company is informed about the violating content and consciously and knowingly refuses to take it down, then the web hosting company is not immune from suit merely because of §230 of the Communication Decency Act.

This presents a real concern for users and for web hosting providers. When is it that one knows that particular content on their networks violates someone’s copyright or trademark ? Does one merely rule by exception, so to speak ? This presents a responsibility on web hosting companies, to responsibly and reasonably police what is on their network and take violating content down. The line is a fine one, a web hosting company is under an inherent motive to take on more customers, even the rogue ones who violate copyright laws, and on the other hand assist and cooperate with people who are owners of trademarks.

The one sure way to avoid the likes of Gucci from going after your web hosting company is to not purposefully avail of the laws and protections of the United States. That is, if the US courts do not have personal jurisdiction over the web hosting company, the US courts would be precluded from ordering the hosting company from taking infringing content down. This is an inherent principle from the due process clause of the 14th Amendment of the US Constitution, as applied to the States.

If you are a user who wants to use a website for such an infringing purpose the sure shot way is to find a non-US hosting company, and use a non-US domain name. The US courts do not generally exercise jurisdiction over non resident people, unless they have purposefully availed of the laws and protections of the US. (See the judgment of the US Supreme Court in International Shoe – http://en.wikipedia.org/wiki/International_Shoe_v._Washington).

The problem with finding such a web hosting company (non-US) and a (non-US) domain name is that it tends to be more expensive. The US has great amount of competition between hosting companies, and lots of domain name providers. The industry is very highly competitive.

At HostingXtreme, we provide web hosting and domain name services. We are an honest and fair web hosting company. We are incorporated in two different countries and want honest and fair business from honest and fair businesses. We have an unlimited hosting plan, check it out for your business.
Become a Pro Blogger with these Tips
Creating a blog can seem overwhelming because there are so many option, possibilities and choices to make. The potential and ideas for blogs are infinite. The tips in this article are designed to help you to create a blog that will accomplish your goals and will reach the audience that your blog was created for.
Post original content on your blog, and include pictures or other content. Linking out to relevant sites, quoting experts in a field or adding videos can also make a post more interesting. Make sure you don't plagiarize, though, because people will stop visiting your site. Be unique and interesting with posts!
If possible, have someone else go over your blog posts before you post them. This is especially critical for internet marketing posts. People have a tendency to be blind to their own errors, so they will often miss problems with grammar, spelling, sequence, or logic. Another person may also be able to provide information you have left out or correct errors of fact.
When blogging, you should make sure that you make your RSS feed as obvious as possible. You can not expect other readers to find it if it blends in with all the text in your blog. This is why you should put it in a prominent position on your blog, and try to make use of the orange RSS icon if possible.
If you are going to blog, you need to make sure you choose a niche or market that you are passionate about. There are plenty of blogs out there, and there are just as many topics to choose from. Stay specific, and choose a blogging subject that you can create a successful blog with.
Break your blog up into appropriate headings and subheadings. This serves to make the material more palatable. Readers' have a tendency to scan the page for key concepts before they begin to read the entire blog. Headings and subheadings will help them get what they are looking for and ensure they stay on your page long enough to read the entire blog.
Try breaking your posts into manageable pieces. This is a very easy, but unfortunately ignored blogging tactic. Do not write like you are trying to run a marathon. Break up your posts in smaller pieces. This can help boost your SEO, and it can help create a clearer writing approach. This can actually help you think better.
Learn everything you can about topics related to your blog. The more quality information you can share, the better your blog will be. The greater your knowledge, the more readers will view you as an expert in the field. This will make the reader more likely to share links to your blog with their contacts.
Do not start a blog entry unless you are sure that you can sit down and finish the entire thing. You want to let your mind stay on task, and if you have to stop for any reason, it will be very hard to pick up where you left off.
You may want to have contests or giveaways on your site. This helps readers to become a part of your blog and increases their excitement about visiting. Readers are also likely to send links to contacts interested in the content of your contest. The giveaway can vary, depending on your site.
Make friends with other blogs that relate to your target niche. You can post useful comments on these blogs, and this will help promote your own blogging as well. Besides providing comments, some blogs will allow you to make guest posts, as this can be mutually beneficial to both of you.
The more blogs you write, the more ways potential readers have of finding you via search engines. The more people that successfully make their way to your site, the more visitors you will have actually reading your content. Use this guidance and watch your visitor numbers grow.
As you probably already know, creating a blog can be overwhelming at first, because the possibilities and potential for blogs are endless. The tips and techniques from the above article were gathered to help you create a blog that will get your message across to the audience that you are seeking to reach.

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