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uhf
03-01-2010, 04:56 PM
What are the liability issues with being a reseller? What if someones e911 doesn't work? Couldn't one of your customers sue you? What are you as a reseller doing to limit your exposure?

I'm probably paranoid, but I was once a defendant in a frivolous lawsuit, and it's not something that I enjoyed much even though the case was eventually dismissed.

tylerscell1
03-01-2010, 05:00 PM
This same issue has crossed my mind very interested on the reply's. I have stated in my terms im not liable

tylerscell1
03-01-2010, 06:55 PM
These are the terms I use on my site.

http://www.ivoiponline.net/TermsofService.html

tylerscell1
03-01-2010, 06:59 PM
These are the terms I use on my site.

http://www.ivoiponline.net/TermsofService.html

MisterEd
03-01-2010, 08:29 PM
You can put whatever you want in your terms of service but while it might prevent you from losing a case it won't necessarily prevent someone from dragging you through court for the next 20 years at great expense. Just because you state you are not responsible does not mean you aren't or can't be sued even if it ultimately gets tossed out.

This is a very litigious society. When you run any business you MUST have sufficient liability insurance and legal protection to cover yourself for any possible scenario or you can risk loss of income, savings and your possessions.

Up until 2003 I owned a retail business for well over 20 years. Before embarking on ANY business venture you must consult with a good business attorney and let him know exactly what you are doing. With internet businesses you need to find an attorney who is familiar with that as well. You are not always fully protected by a corporate umbrella either. Just because you incorporate doesn't mean you have no personal financial responsibility.

If you are selling stuffed animals that's one thing, but when you are dealing with services that might mean "life or death" to a customer it isn't the same so you have to be well protected even if you are not at fault. Lawyers ain't cheap.

Bottom line is while it is unlikely nothing will ever happen be prepared for any eventuality that might arise. Get GOOD legal advice and remember that ANYONE can sue you for anything and even a when you are fully in the right a lawsuit can cost you a lot of money even if you eventually win. I can personally attest to that fact.

MisterEd
03-01-2010, 08:37 PM
Some interesting reading: http://ansuz.sooke.bc.ca/lawpoli/cases/texas-voip-911.php

It's relatively old but anything can happen. If you've ever read Vonages TOS you'd see they have everything covered but that doesn't stop someone from suing.

usa2k
03-01-2010, 09:54 PM
Ironic that http://www.future-nine.com/ went a long time without E911 citing that they were in a beta phase.




April 3rd, 2009

E911 is here! Please click the E911 Status message inside the web console to setup. :)


(I don't recommend that!)

It could be just as scary (but lacking physical danger) if say a HostGator Reseller left a site without an SSL cert too long come renewal time, or some other inadvertent action.

Even losing someone's valued LNP number could evoke some wrath.

tylerscell1
03-02-2010, 03:08 PM
I submitted a ticket to VoIPo concerning this. This was there response:

Good afternoon Tyler,

In regards to liability with reselling our VOIP services, VOIPo can not give legal advise. This would best be directed at your attorney.

Regards,

usa2k
03-02-2010, 04:08 PM
That is a fair answer. Otherwise they may share legal obligations.

I've know technicians smoking a board and then have the ridiculous
recourse of claiming "That is the way I was trained to do that!",
when they obviously had a brain fart, of lack basic know-how.

I still don't get why people use advise when they mean advice.
Advice is a noun
Advise is a verb
Its very common unless my Canadian upbringing has different rules? :)

zevin
03-03-2010, 12:03 PM
In regards to liability with reselling our VOIP services, VOIPo can not give legal advise. This would best be directed at your attorney.



Best advice yet!

Get yourself an attorney as a hosting client, then trade services. That's what I have done.

In my personal opinion you should be carrying a liability insurance policy especially if you do any on-site type work. Not to mention the policy to protect customers equipment while in your possession. This type of insurance for me was not that much.

So, talk it over with an attorney. They will scare the crap out of you and give you a few hundred pages of terms of services to post. :p

uhf
03-03-2010, 02:10 PM
talk it over with an attorney. They will scare the crap out of you

LOL, yes they will.. My wife worked for an attorney for about 6 months, and it was a real learning experience! It also was comforting that she worked for him while I was being sued. The look on the plaintiffs face during the deposition when I answered the question as to where my wife worked was priceless! :p

tylerscell1
03-03-2010, 02:28 PM
Who won the case? :P