LEGAL ISSUE: Which Host To Turn To
Mar 30, 2008
im running a site where users can submit their comic books excerpts or works.
but sometimes there are users that upload copyrighted works.
how to deal with this problem? I have the DMCA legal notice that I copied from other websites and fixed it to suit mine.
I remove any copyrighted material upon request.
I cannot monitor all posting 24/7.
so which hosting, location(us, amsterdam, netherlands?), and other precuations should i take ? is it okay to copy legal stuff from other similar site and change around the wording to fit my site?
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May 24, 2008
i would like to present to you a scenario im sure everybody has thought of and has come up against.
1. If you are hosting with a web host and your files and website has been compromised due to the lack of security on the server what actions can you take against the host for this loss?
2. The host has a backup dating back to a week, but of course the data you have accumulated for the week that was lost is very valuable but you cant get it back now because of a flaw with the hosts server, is there anything you can do in a situation like this?
3. What if you are a reseller and have setup several sites for customers. One customer uses a CMS which means he/she will be updaitng their website every now and then and not always you are able to make backups of all the websites hosted by you as the reseller.
Now a weeks or a few days of data have been lost. The client complains and wants to take legal action against the reseller (you) and of course the reseller knows its the problem with the main host you are hosting with. What does the reseller do now with the client and the host whos made the mistake?
4. Clients livelihood depends on his/her Ecommerce website, they make an average turnover. Whether you are hosting on a dedicated or VPS nevertheless data loss has occured because the box was compromised. The blame is put on the host. In a scenario like this what can the customer do? He/She has lost some client details/orders information and products as a whole...? Remember this is a business... and money has been lost. A recovery backup a week old will never be sufficient enough for the loss.
Think about it... what will you do if any of the above four scenarios were to happen to you?
Yes i am aware of the terms. Some hosts will say they are not responsible forData loss in their small prints,
Some will say it is soley up to the customer to make backups,
When it comes to court they will point this out, and you'll be kicking yourself for being so foolish to go with a host in the first place which dosent gurantee the safety of your data.
Customers dont always read the small fine prints. Now realistically speaking what can the customer/client do in a situation like this? Im guessing nothing if the host outlines the terms ive pointed out above?
Is there really a host out there which takes whole responsibility for the loss and damage they create to your websites and businesses online?
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Jan 2, 2009
Is RapidLeech legal in the US?
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May 21, 2009
I'm kinda confused about warez linking allowed VPS hosters.. Most of them they say "Warez Linking is allowed" "AS LONG AS IT'S LEGAL" Is there a legal warez? I though that warez is illegal in the first place!
I'm planing to buy a VPS Plan from fsckvps.com, but I'm afraid they might terminate my account, so want to make sure if I will work fine with them, I've contacted them as pre-sale question, they said that warez linking is allowed as long as nothing is hosted on their server.
Okay, Now what's legal warez? My site content actually is New worldwide music albums, info, Movies, Cracked/nulled softwares..
Download links are included, but hosted on sharing site such as 4shared.com etc..
Will this be fine? Or I might experience account termination?
I'm just inches away from purchasing their 512MB RAM Plan, this is my final question.
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May 24, 2008
I have been looking for adult hosting services. Of the businesses I have found that do allow adult hosting, I have seen one stipulation. "Legal adult content". I'm not quite sure on what this means. Does it pertain to the obvious, like no child porn, bestiality, etc. Or is there legalities to the access of the adult content? Though I live in the US, I was not raised nor educated here, and thus not aware of the details here.
All I wish to host is a general content forum where my members can have a section to post 18+ pornography such as you would see in any regular adult video store. I plan to have this in an invite only section of the forum as to keep the content inaccessible to under 18 year olds. I believe this should be within the requirements of legal adult content.
Anyone who knows the details of the term "Legal adult content", could you please clear this up for me?
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May 8, 2009
a company named [url] was with us for almost 4, months and they are using the server which are custom ordered high end server, we didn't took setup fee just because they promise us to stay at list for an year
and from past 2 months they just ranned away somewhere, didn't paid any invoice
i guess we did a big mistake by believing in them
i know these 2 servers wont make a big difference but still just for my info
can anyone suggest if we can take any legal action on them ?
i know there site is still up and running
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Apr 19, 2008
I'm looking for a cheap host which offers to host torrent files. It is legal .pdf files i will be offering. Any ideas?
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Apr 16, 2008
I got a bounced back message that I never sent. I was profoundly shocked to discover (through the header info) that the message originated from dotworlds.net; a site that ostensibly is a spoof email service provider.
Should such sites be allowed to exist?
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Jun 7, 2008
I see lot of threads about DoSes and from what I understand its pretty much up to client to pay expensive prices for a DoS firewall, or just get a few days of downtime and hope the DoS ends when server is put back online.
However, one thing I've been wondering is do providers (unmanaged) normally assist with the legal issues behind this? Like is it up to them to sue the ones DoSing given it's their network, or is it still up to the customer to do that?
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Jun 29, 2008
I have a ethics and legality scenario I would like to pose here. This is to be considered a fictional scenario and any similarity to any real company or person is unintentional.
COMPANY X has colo racks in DATACENTER and hosts a client named COMPANY Y. COMPANY Y also hosts 50 small web sites on cpanel and 40 VPS servers on their linux VPS node in exchange for a discount or other compensation. During the month of may and COMPANY Y's bill raises from being 3000 past due to over 12000 past due to various reasons including purchasing of hds from the DATACENTER using COMPANY X's account, tech work dont by DATACENTER for COMPANY Y needed also billed to COMPANY X's account, as well as BW and rack costs. Seeing this alrming bill by the end of May COMPANY X begins putting pressure on COMPANY Y to pay some invoices as no payments were received during the entire month of may and COMPANY X is also having a hard time paying DATACENTER due to not being paid by COMPANY Y but makes efforts to pay 25% of the outstanding bill in June.
Near the end of june COMPANY X has had enough and arrives at the datacetner to attempt to move theritr clients off COMPANY Ys hardware so they can suspend service of COMPANY Y completely. On the visit COMPANY X brings 2 new servers in and begins moving clients of their over and COMPANY X notices this action and begins to suspend and remove access to all of COMPANY X's clients. COMPANY X then decided to power off the boxes of COMPANY Y and removes drives containing COMPANY X customer data for offline recovery. and because they beleived the DATACENTER might be untrustworthy enough to release hardware fromt heir rakcs without their permission. The drives were for as much colatteral purposes as for recoverying customer data. They then pack the drives in boxes and a bag and leave the datacenter having spent nearly 20 hours working and head on a long trip home and signs out of the data center in front of various techs holding the server parts and tools.
Upon arriving back to their office/home
They were informed that the removal of the HDs was not allowed byt he datacenter because the account was past due and it was discovered that several drives with cOMPANY X's clients were left in the datacenter which COMPANY X now wishes they had remembered to get. DATACENTER is furious and demands the account be paid in full by a fixed time or the entire colo will be cut power. COMPANY X scrambles to find others to help them and another major client who has alot at risk decides to help and a payment of $7160 is made to DATACETNER but it came in a few minutes past the deadline. DATACETNER had suspended servuce, and cut power but stated they wil return service shortly. Shortly after this it is discovered that several servers belonging to COMANY X and two other companies who were supsended in the same day were not int he rack anymore. DATACENTER accout rep responds with the following message in ICQ/AIM .....
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Aug 5, 2008
I am looking for a UK based VPS from a UK company that allows legal adult hosting. I am ideally looking for at least 40GB space and 500GB b/w to start with.
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Jun 3, 2008
I'm looking for a host in europe, nl, de ..., with a unmetered 100mbit server that allows me to run legal torrent on it.
My buget are ca 200 euro or so.
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Jan 7, 2009
Does anyone know the proper avenue for cancelling an account with HostNine? They are giving me the run around and ignoring my requests for a cancellation. I originally tried to cancel my account a couple of months ago by e-mail. They informed me that I had to submit a cancellation request through their website. I have submitted a cancellation request through their website SEVERAL TIMES since then. They never sent me any kind of response or confirmation, so I assumed (wrongly, I guess) that the account was cancelled, but they keep charging my credit card over and over.
I have requested again that the account be cancelled and told them that I would simply perform a chargeback since they are basically billing me for a service that I have continually requested be cancelled via their own online cancellation form using their own process for cancelling accounts. Nick Hudson @ HostNine's response to this was to threaten that they would send attorneys and collection agencies after me. All while claiming that it is "NOT hard" to cancel an account. I agree with them; cancelling your account when the company will actually deal with you should not be hard.
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Jun 3, 2008
I will be launching a video website like youtube and I have put all the DMCA requirements on it, I'm still not sure if I can get in trouble if someone uploads copyrighted videos, would it make a difference if I get a dedicated server located in Netherlands?
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May 26, 2009
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Jun 1, 2009
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so I would like to to turn off fcgi at his site, he uses hypervm-lxadmin, I couldn't find an option when I searched, may be I have missed it, can u guide me through how to solve this issue
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Mar 31, 2008
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Dec 31, 2007
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Apr 29, 2008
Running Apache 2.2.2 and PHP 5.2.5, and my error_logs are filling up with PHP notices. I'd like to turn this feature off, but I must be missing something here. I've edited the php.ini and set error_reporting = E_ALL & ~E_NOTICE, and reloaded apache, but I still get the same php notices over and over again in the httpd error log.
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Jul 30, 2007
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Jun 13, 2007
I have a website where people perform a number of tasks, saving some data to temporary session files. If the user is idle for a certain amount of time, then performs an action, his/her work will be gone.
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May 18, 2007
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Jan 24, 2007
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Nov 13, 2007
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Feb 15, 2007
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Jul 4, 2009
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Jan 27, 2008
I am trying this
ethtool -A eth0 RX off
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May 13, 2008
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PHP 5 Handler cgi
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# creating php.ini file at the required folder with register_globals on
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# adding it to httpd.conf
Every time, the phpinfo page shows the loaded configuration file as /usr/local/lib/php.ini and register_globals is Off.
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Oct 5, 2008
I am in the process of fighting a Hosting company on a dedicated server. It was turned off without notice a couple of months ago. They said I had not paid last years bill for this server (10 months ago). When I sent them the paypal confirmation number from last year finally they agreeed but said I owed an inflated 2008-2009 bill. The first bill I got was when the server was suspended. The bill increased over 20%. In order to get my clients back online I paid the increased bill but sent the initial price guarantee and asked for a refund of the difference. What I got was a half apology and the double talk below. I switched hosting companies and asked for a pro-rated refund and even though the server is paid up until Sept 2009 they have suspended the server. I am going to leave the hosting companies name out.
"Dear Mark,
As explained by Tom, the amount you paid is the amount that was due.
Since you originally purchased your server, our costs have risen by approximately 46%. The increase in price for your server only represents approximately 16%. While in the past, we have been able to absorb price increases and not pass them along, unfortunately, on this occasion we had no choice but to pass along part of the increase - the increase applied is just over half the increase we have personally seen since the start of this year. We have been able to keep the increase low through additional cost savings and reducing our profit margins, but, there is a limit to that and we unfortunately hit with the latest increase we've been hit with.
The issue with your server earlier this month was due to human error. We do not have any due invoices from 2007 (any unpaid would have been passed to collections), and as we are human, have gotten into the habit of simply looking at the day and month. One of my billing staff members alerted me that your invoice was overdue, believing it was a 2008 invoice due 1st August 2008 and requested that I authorise a disconnection. I then looked at it and also missed the 2007 date. Tom unfortunately does not have full access to billing details and cannot correct (nor view) errors such as that.
In terms of the invoicing - the system expected a recurring payment, through the Paypal subscription, to occur automatically and this is why no invoice was generated. As your invoice last year was manually paid, there was no subscription to update and pay. As a result, I had to manually update your account to reflect the payment details and manually generate the invoice. The invoice in your account when you paid the invoice correctly reflected the $1274.20 value. One of the emails quoted above, which should have been received after the emailed invoice, stated "generated the correct invoice for the 2008 to 2009 billing period.". I am sorry if that wasn't clear enough.
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Aug 7, 2008
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