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Don't know how I missed this thread, and honestly I've only read the first page of yet.
Quite frankly, I'd say you can do it if you like Hun -- be it charging a couple bucks or not for a passcode. I can think of an easy way to get around having to charge and still being sure you have the right person, but I'll leave that to the details.
Personally I think you might as well charge -- anyone who can't pony up 5 bucks to get listed shouldn't be in the business to start with. I've told alot of freehosts over the years that if they had a nominal setup charge, collected real information from the people uploading to their servers, that they wouldn't have ten percent of the problems they have.
Now, regarding the legality or illegality of the whole thing regarding resellers.
No, you can't just up and start a blacklist that passes from person to person and is used to stop people from making money.
What you CAN do, is form an association, have a set of rules, and so long as the person isn't blacklisted from sites outside the association due to things that have happened within the association, then there really shouldn't be any sort of issue with it from a legal standpoint. Just make sure you are disclosing to the reseller what he is getting and what the terms are up front and in plain wording.
Maybe I should send you an email Patrick ;)
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