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Old 07-22-2010, 11:31 AM
BurstJoeM BurstJoeM is offline
Junior Guru Wannabe
 
Join Date: Apr 2009
Location: Scranton, PA
Posts: 72
Quote:
Originally Posted by abhisri View Post
From what I can gather, there are only two possibilities. One, they loss his data and cooked up a terrorism story to cover their behind.
Fact of the matter is, we have a ToS and AUP that every customer agrees to upon ordering:

* You must RESPOND to all complaints within a clearly defined time frame or risk being suspended or terminated
* You must provide a 24x7 point of contact
* You are responsible for your own backups

By Blogetery.com own admission, whether here on WHT, in the media, or in responses to our tickets:

* He tried his best to respond to complaints within the window, however did not always do so. Twice this required a 2nd notice. The last abuse notification (before the FBI notice) he received (April) resulted in a suspension lasting over 3 days (Any of the angry blog owners wish to comment?).
* His excuse to us for the April suspension was that he was on a snowboarding trip and missed the repeated alerts. This time (as reported by the NY Times) he was on a camping trip. This does not suit our 24x7 contact requirement.
* If he truly cared for his users, why did he not implement a backup plan? Especially after he was suspended in April? Another interesting note, he had two tickets open for a HD replacement at the beginning of April. I would assume he had some sort of backup then.

His data is fully intact. We have every intention of returning it to him and are in the process of working out the details.

Here is a question for WHT users, based on the following what would you have done differently?

We received an emergency request for contact information for the siteís owner from the FBI on July 9th. The letter claims links to content containing a hit list and instruction/tips on making bombs. The letter states we may choose to terminate the URLs. You verify that the links exist. So, now what?

This is what we did:

We immediately reviewed the servers history. We checked to see if we had a support password and could gain access to server. In this case, no, we donít have access. Even if we could, can you imagine the ruckus if the media and freedom of speech folks had found out the BurstNET was selectively editing peoples blogs? We then looked at his abuse history and saw that he has a history of not responding in a timely fashion. Due to the seriousness of the matter this leads us to an our next conundrum, do we simply issue an abuse notification to him and hope he responds or run the risk that he will not. Based on his own admission to the media, and the fact he didnít respond to the termination notice until July 11th (he states the 12th), he would in fact not respond. So what then? Leave the server online? What is the potential liability to BurstNET and ultimately our other customers if in fact someone acted upon the hit list?

Now as far as the data goes, we were waiting for clarification on a couple of things. One being what is the legality of BurstNET knowingly allowing the transfer of potentially illegal content. Not just terrorist, but copyrighted material. Two, since there was some confusion as to the FBIís letter, could we even give him access to this data? If this was the beginning of a criminal investigation, what kind of issues would this create? Also, since we only had examples of pages with the links and no shell access to the server, how would we know ď73000Ē blogs are hosted here?

It was Blogetery.comís choice to go public via webhosting talk not ours. When he finally responded to the termination notice, his 1st response was:

<NAME REMOVED>
07-11-2010 - 11:04PM I will start new thread on WHT about unacceptable service if you will not put server back online, and will not let me transfer it to another hosting.

As has been stated on WHT numerous times, we will not be bullied. Blogetery.comís behavior and disregard for our TOS/AUP not only put us at risk, but also every one of our other customers who do make the effort to respond and manage their servers in a professional manner.

We will provide blogetery.com access to his data within the next 36 hours.

__________________
Joe Marr
BurstNet Technologies, Inc.

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