My server was hacked and was put offline for violating AUP at rackshack I HAVE ALready payed for a month,and they wont issue me a refund,is there a way of getting a refund out of this when this was something that was NOT MY FAULT! i mean i was hacked for gods sake? And please dont reply "talk to rackshack about this" because RS quite frankly refuse to deal with me!

Chargeback ...

I'm assuming this is in relation to this thread (http://www.webhostingtalk.com/showthread.php?s=&threadid=96144).

If it is not, please correct me.

Anywho....

If i'm not mistaken, RS policy is No Refunds - No Exceptions, so the best answer anyone can give is to deal with RS directly.

RS will most likely argue that the hack was indeed your fault because it is the client's responsibility to maintain the integrity of the server. RS doesn't provide managed services, and therefore isn't required to keep your servers "hack free", which means they aren't obligated to issue you a refund.


posted as i was typing:
Originally posted by JonL
Chargeback ...

Someone is bound to suggest a chargeback, but I warn you, RS does have a pretty good chance of winning as the refund policies are clearly stated on its website and the services were delivered.



So it seems that the only thing you can do is lick your wounds, take the loss and beef up security.

Question: Did you already ask RS for a refund? If so what was their reply?

yes, it is your fault for not securing your servers. sorry to put it bluntly, but thats the way it is.

their TOS/AUP states that they will pull the plug if you get hacked, so they are within their rights having done this. pay for a restore and use your server for the rest of the month.

cheers,
paul

Can't argue with what everyone else has said. It's not their fault the server wasn't online, and technically YOU violated the TOS, not them.


Just lick your wounds, and learn your lessons. Secure your server to the maximum extent possible, if you're not able to get a managed server.

yeah i feel too its my fault that i dont have $1000 to pay for a firewall and i got hacked :angry:

IPChains and IPTables are free firewalling software. Firewalls are not the only step to securing your system, there are many more steps.

When I cancelled a server we had with them I thought we'd have 30 days like it says in the ToS.
It was cancelled straight away and they didn't tell me it would be. They admitted that they didn't tell me it would be cancelled immediately but I still can't get a refund as it's their policy.
So, GOOD LUCK!! :stickout:

Just because their TOS says no refunds, doesn't mean it's valid.

The question is, how much are you willing to fight to get your refund?

What's it really worth to you to get your $100 or so back?

I contacted RS about getting my server disconnected on the day before my billing. They took 2 days to reply and ended up charging me for the entire month and the server was diconnected.
Kind of ****ty I think. They pointed to the no refund policy. Its sucks because I still own one server through them, and now Im not sure if I want to use them anymore.

I always had good customer support and was happy with the speeds of the servers, but they have only replied one time to my complaint. Basically they said they would contact someone with more authrority, and it never happend.

:(

pattox, you may want to hire someone to secure the box. management costs ~$150/month, or you can just pay someone a one-off fee for securing/patching it.

regards,
paul

Or check for an affordable managed hosting provider (as I suggested in another thread Voxtreme staff are very friendly/helpful)

Patrick,
I second what Akash and Paul have stated, you should either hire a server admin, or pay a company to provide you with a managed dedicated server. Having said that, you really don't have a leg to stand on in this case, so I would mark up the money that you spend on a bad error in judgement. The logic behind it is that you were given an unmanaged server, and then the server was comprimised and an attack ensued. You should absolutely be responsible and held accountable for this in my opinion.

-Steven

pattox, what OS and which control panel are you using in your server?

actually RS's case would be pretty weak in terms if they paid by Visa / Mastercard

The only way they could outright win the chargeback is if they had a signed CCA form, which RS doesnt do.

Doesnt V/M regulations state for a charge to be valid you must have the signature (something to that effect)

Originally posted by AlaskanWolf
Doesnt V/M regulations state for a charge to be valid you must have the signature (something to that effect)
I know what you're trying to say, however this can't be correct. if it was, then any non-signed charge would be invalid, and if that is the case, they wouldn't even consider processing these non-signed transactions (if they weren't valid).

I think you're talking about a level of proof, which even a signature doesn't guarantee (one could dispute that the signature is theirs, however this becomes a whole other ball of wax).

chicken,

thanks for clearing up the thread.

cheers,
paul

MC/Visa have pretty much destroyed chargeback disputes, nowadays you call your CC company, and the chargeback is automatic. Then the company has an opportunity to respond with very specific reason and proof of why they didn't provide the service you paid for.

In this case, if you were neglegent and RS can actually prove neglegence, then your out of luck. But if it was due to a bug in software that you weren't aware of etc, then RS won't be able to prove that it truely was YOUR fault.

Furthermore, for those that responded "It is your fault" I'd like the opportunity to ask which one of you have absolutely full proof servers? Getting hacked can happen, no matter how safe you try to be, and especially in an industry where so much software is involved that is beyond your control.

But this all comes down to my favorite line: you get what you pay for.

[edit] nevermind.

As for "do you have full proof servers", most likely not. My posts were not meant to be "you're the idiot" but more like "unfortunately there's nothing you can do".

Originally posted by rusko
pattox, you may want to hire someone to secure the box. management costs ~$150/month, or you can just pay someone a one-off fee for securing/patching it.
If pattox was willing to pay that kind of money every month then he'd have gone elsewhere from the beginning. RS's prices are especially attractive for ex-resellers who want to jump to a dedicated box for a 100 bucks.

I won't go into it any further than saying, start the chargeback now while you can. A chargeback is a last resort option, however there is no other option when you are dealing with RS. Long story, just get it started if you want your money back.

Take a look at www.noctser.com . They offer managed dedicated servers. Nice network too (when att isnt down).

I've got servers at both place and I must admit, I'm very impressed thus far with Nocster.

I've had good experience with RackFast also. They have some specials online I believe at http://www.rackfast.com/hosting/serverlist.php. There have been a few network hiccups which they have handled very well and the only time it lasted anything more than an hour or two they gave me a nice credit for my next months bill. Very friendly and professional.