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Who owns the web logs, the ISP or the customer

ISP is reluctant to give me direct access to my web logs.



7:46 pm on Jan 28, 2003 (gmt 0)

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I have just switched from an ISP that gave me direct access to my weblogs, to one that run webtrends reports. I prefer the interactive feel of Nettracker over the webtrends report option.

I am looking at purchasing Nettracker for my PC and download my web logs, from the new ISP.

They appear to be relunctant, to give me access to my weblogs. I think they are just lazy.

Legally, who owns the weblogs, me or the ISP. I just thought I check before I call my lawyer, to see if I can give my ISP a gentle push in right direction.

7:48 pm on Jan 28, 2003 (gmt 0)

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If you need to get an attorney involved for something as simple as viewing your web logs, you don't need an attorney - you need a new host.
9:31 pm on Jan 28, 2003 (gmt 0)

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I couldn't agree more Mardi_Gras. It is ridiculous for a Host to not provide web logs. I have never heard of such a thing. I recently changed hosts and in the change, my NetTracker was unable to collect the logs in the usual fashion. Even tho the new host was not willing to accomodate me in placing the logs where NetTracker could pick them up, they gave me access to my own logs!


5:20 pm on Feb 3, 2003 (gmt 0)

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Find a different host. There is no reason not to have access to your logs, especially if they are charging you for it.



5:34 pm on Feb 3, 2003 (gmt 0)

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Depends on your agreement with the host.

If the hosting agreement does not include any reference to logs, only to disk space, e-mail, bandwidth, they can argue that logs are not part of the deal.

On the other hand you have able evidence that logs were presumed to be part of it, since - as others noted - almost every hosting deal includes and presumed to include logs of your web site.

I am not a lawyer, but I did run over one last week.

5:38 pm on Feb 3, 2003 (gmt 0)

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While I agree with the new host suggestions I'd suggest you check you Contract/TOS at the host.

I'm no lawyer and I'm thinking outloud here but just because the host creates data re: your webspace doesn't necessarily mean you can have access to it. It is their server and they have sole discretion over what to provide or not to provide you. The real question is did they specify what you do or don't get with regards to log files? If they didn't - or did and it clearly states you get prepared reports in lieu or raw logs - then I'd lean to the fault being yours.

On the other hand, have log files entered the realm of being so commonplace that they are an expected piece of the service - like expecting the car dealership to supply the lead weights when they balance your tires? I don't have the answer but if my host told me they'd only supply me a prepared report I'd switch in a heartbeat.

5:42 pm on Feb 3, 2003 (gmt 0)

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You need a new host is right.

Legally - my guess is they could probably prevent you from having it - unless your agreement says something else.

However, that is a guess - and most real hosts let you have access.


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