TPW Server IssuesLime -- Sunday, March 23, 2003 -- 05:54:35 AM
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I'm here, but I'm researching and emailing a certain lawyer that handles this kind of thing. I've run up against this myself.
A legal nasty gram usually makes bastards like this much more communicative and quick to move.
Many people have asked me about contracts. I can't find any contractual agreement at all, other than the service plan.
As many of you know, I save all information religiously. They never sent us a contract. There must have been a TOS when I signed up, but they don't include it.
The TOS are in the HostRocket FAQ. Although I don't understand every word, I don't see anything in there that permits suspension under the conditions that the support emails have described, but they might say it's "abuse", which is mentioned in the first paragraph.
Agreement Between HostRocket.Com And All Customers
Activities Subject to Immediate Deactivation. Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in immediate deactiveation of an account. Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, pornography, mp3's, obscenity, nudity, violations of privacy, hacking, irc related scripts and programs, non approved server scripts, eggdrops, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular monthly fees still apply. Each individual hosting account is allowed 1 main domain name with all additional parked domain names pointing to the main site of the main domain, unless otherwise specified. HR Web Services reserves the right to Cancel/Deactivate any account at any time for any reason. There will be no tolerance of any abuse of any of our support methods, which will result in immediate suspension.
Public Nature of Internet. Please understand that all information submitted on the Hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediatly subject to a $250 cleanup/network abuse fee.
HostRocket servers are not to be used for the purpose of hosting scripts or images for data collection or any other purpose to reduce the load on another webhost, or for any other reason. Servers are not to be used for the hosting or serving of file downloads. Any site with traffic or disk usage consisting more than 33% of file downloads (non html traffic) may be suspended. Customers are not permitted to open connections to the server at a rate of more than 3,000,000 connections/month. Customers are not permitted to run scripts on their account with us, to monitor connections and status's of other servers (gaming servers for example). Customers are not permitted to get multiple accounts with HostRocket, for the purpose of getting extra bandwidth only, to avoid bandwidth overage charges. Customers are not permitted to host multiple seperate domains (not referring to parked domains) on one account unless this is a feature of they account they have ordered. HostRocket can and will terminate accounts of people using our servers not to host their domain but only scripts.
Guaranteed Uptime - The HostRocket network of computers, will have a guaranteed aggregate average uptime of 99.5% over the course of three months (90 days). This does not include scheduled downtime for maintenence on servers, which will be minimal, and necessary. This also doesn't include mass-network problems such as major backbone problems.
Minimum server specifications are not guaranteed on all machines, however upon request any account will be moved to a server matching our current minimum server specifications.
Cancellation - In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. In the event you have elected to prepay subsequent, additional months' Service Fees, we retain the right to charge you an administrative fee of 50% and deduct the administrative fee from the subsequent, future months' Service Fees before refunding them to you. There is a $50 administrative fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.
14 Day Guarantee - The 14 day guarentee covers cancellation of an account during the first 14 days of service, due to our inability to deliver satisfactory service. The customer will be refunded all hosting charges made to their credit card less any setup fees which are non-refundable. Refunds will not be given for any reason in the case of account non-use, misuse, or abuse. Refunds will not be given on domain registration fees. All inquiries reguarding this guarantee should be directed to email@example.com
Affiliate Program - Affiliate payouts of $20/signup will be paid out through cj.com (commission junction). You may not refer yourself through this affiliate program. You may refer your customers, but the name account name with us must be different than the affiliates name or the referral will be marked ineligible.
HR Web Services reservers the right to modify this agreement at any time.
7.14.2002 - Last Modified
Thanks. I'll review.
The sentence that will screw you is:
"HR Web Services reserves the right to Cancel/Deactivate any account at any time for any reason. "
It is draconian but...you agreed to it when you signed up.
If I were you I would pay them whatever, grab my stuff, and run like hell.
So they can define anything as "abuse", suspend us, and ask for more money.
Right. that's what I just said in my last email to them.
However, is this what all webservices are like? HostRocket has had excellent availability, for the most part.
They have had excellent uptime, but the cheaper services do tend to screw you when things go wrong. I think you're right about this being related to the hacks. They could be trying to keep a lot of small fish happy by kicking out the big fish to make more room.
Right. So I feel a bit at odds. Sure, we should switch, but to where? And for what?
I guess I will have to upgrade to $65 for a half server, but in that case, I'd like to check around for a reliable place. Or maybe any reliable place would be more money.
I would like to make this place self-supporting, rather than rely on donations. Lime and I have talked about revenue models before--maybe email accounts, or something. We wouldn't need much.
Just logged in (thanks, Susanne) and got the following error messages:
Warning: Unable to jump to row 0 on MySQL result index 29 in /home/virtual/site172/fst/var/www/html/dev/indexFunctions.php on line 1689
Warning: Unable to jump to row 0 on MySQL result index 29 in /home/virtual/site172/fst/var/www/html/dev/indexFunctions.php on line 1690
Warning: Unable to jump to row 0 on MySQL result index 30 in /home/virtual/site172/fst/var/www/html/dev/indexFunctions.php on line 1694
Warning: Unable to jump to row 0 on MySQL result index 31 in /home/virtual/site172/fst/var/www/html/dev/indexFunctions.php on line 2220
Am no kind of techie - just throwing that out there in case it could be a bug, related to the excessive queries issue.
Laura, subscribe to one thread. That should make the problems go away. If it doesn't, post in Test.
We aren't on Hostrocket right now; this is our backup server.
I don't have your email address and Jennifer, it just now dawned on me that you aren't on my notification list. How dumb. I'm glad you found your way here, both of you.
Cal, I emailed you last night recommending a site I know some heavy users (lots of exchange of music files) like, it's at www.haisoft.net -- I can't speak to it at all except that people I trust, trust and like it.
I'm keeping a list of all the sites recommended, including yours. But I feel totally at sea. Once it turns out that they can suspend you for any reason, what's left?
Maybe we should just have three or four different sites.
Oh, and can someone email JuliaM for me? Unless I am responding to an email of hers, I get rejected. I think her ISP rejects my old domain name as spam mail.