gregar vs. serverbeach ... some lessons...
Well I will post my opinion regarding that situation. First of all, for those wanna be lawyers please note that Laws have a very own interpretation in court for each situation. In court there is an evaluation of 'malice', ' 'negligence', 'incompetence' and the like. Thats mean that what is written not necessarily prevails all the time.
1st Lesson: Read carefully AUP and TOS
If you notice it to give too much power to the provider get out of it no matter how attractive are their offers.
One thing is to not tolerate spam etc and another thing is allowing DAMAGE to a customer. Thats is unfair
2st Lesson: Provider MUST research when a complaint is presented
The attitude to pull - off a server without serious and responsible research is IMO not acceptable .
3rd Lesson:
It is better to pay a little more and have a more reasonable provider than going cheap and them when your business is growing be affected by those highly restrictive TOS.
In the particular situation, gregar should GO AHEAD. I am very angry and full emphasize with him. How a company thats is doing very well in eCommerce risk his business just to spam?
Serverbeach is not going to be an alternative for me NEVER. NEVER. I have been reading this forum for 6 months and from time to time there is one company being shut off by a provider just because one of their accounts's spam. Damn, on first fault by an account my business could be gone!. Provider should take a Proactive Position and encourage hosters to install programs to prevent spam and have let's say a little more flexible policy to those that make their best to avoid their customers to spam. But the 'you are off' on the first fault is NOT acceptable IMO. So when your business starts to flourish you could be shutoff easily
gregar was affected by a 'company' he is not the culprit, he is the victim. Even spamcop reply serves as 'expert opinion' ...' when they asserts serverbeach decision as a bad call... But no stop at server beach, spamcop could have some liability here too.
Feel free to add your 'lessons' or opinions.
Regarding serverbeach is 'protected' or would prevail because gregar said he would spam with serverbech in content thats is funny. So if I say I am going to steal something police will have reason to arrest me? ... there is a BIG difference beetwen words and actual actions...
Finally, not forget that serverbeach is a big boy here and advertise here. So WHT will allow a fair discussion of this matter of will have preferrence for its advertiser?
Gregar go to your lawyer and keep us updated.:angry:
Re: gregar vs. serverbeach ... some lessons...
Quote:
Originally posted by carpintero03
Regarding serverbeach is 'protected' or would prevail because gregar said he would spam with serverbech in content thats is funny. So if I say I am going to steal something police will have reason to arrest me? ... there is a BIG difference beetwen words and actual actions...
In regard to this,
YES, communicating a threat IS illegal in most places. At least it was when I left my law enforcement career 1 1/2 year ago.
Intent is a factor, but you can't go around threatening to do something that is both illegal in act (ie Spamming) AND illegal in threat (depending on jurisdiction).
I promise you if you THREATEN to kill someone, or Hijack a plane, steal a car or even break into a house, you may not be arrested immediately but you WILL be constantly watched even if you didn't mean it.
I'm not a lawyer. I just know what I had to deal with in my previous career in the law enforcement field and saw the actions taken against people who communicate threats on many occasions.
Of course, how such things are delt with varies by jurisdiction. So, this may not apply to everyone.
Re: gregar vs. serverbeach ... some lessons...
Quote:
Originally posted by carpintero03
Finally, not forget that serverbeach is a big boy here and advertise here. So WHT will allow a fair discussion of this matter of will have preferrence for its advertiser?
I haven't seen any advertisements for Serverbeach here. They probably would consider a strings attached advertising agreement about now though.