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  1. #51
    Quote Originally Posted by mitch1063 View Post
    You did say you got notices from the host?
    if you did did they provide a url to the offensive material.
    If not then it looks like they are full of you know what and they could not deal with your traffic.

    I got just this:
    Due to the history of abuse and on going abuse on this server.
    We opted to terminate this server, effective immediately.



    And I've asked for contact information of law enforcement officials, BurstNet reply:
    I'm sorry, but I am unable to provide you with any additional details.
      0 Not allowed!

  2. #52
    Join Date
    Dec 2005
    Posts
    1,272
    Why are people assuming OP is doing something illegal. OP provided free blog hosting and cannot possibly monitor every blog.
      0 Not allowed!

  3. #53
    Quote Originally Posted by gogadget View Post
    I think it takes a really stupid and/ or immature person to complain loudly when they're caught breaking the law.
    What law? Providing free hosting? Seems to me on this forum - mostly hosters trying to protect their own interest/business.
      0 Not allowed!

  4. #54
    Join Date
    Mar 2010
    Location
    Devon, United Kingdom
    Posts
    44
    Quote Originally Posted by affiliateplex View Post
    I got just this:
    Due to the history of abuse and on going abuse on this server.
    We opted to terminate this server, effective immediately.



    And I've asked for contact information of law enforcement officials, BurstNet reply:
    I'm sorry, but I am unable to provide you with any additional details.
    You have mentioned that previously and BurstNET won't give in. If its a legal case, they have no control over it, and could potentially get them in a lot of trouble, because its a current legal investigation. I am in the UK but I have a vague idea of how the legal system in the US works.
      0 Not allowed!

  5. #55
    Join Date
    Sep 2008
    Posts
    313
    Quote Originally Posted by h4wk View Post
    Why are people assuming OP is doing something illegal. OP provided free blog hosting and cannot possibly monitor every blog.
    The point is law enforcement came knocking, so the situation was severe. I doubt it was directly his fault, but after you get a warrant team at your door for kiddie porn you wouldn't be too anxious to provide him with another server would you?

    BURST can be irrationally harsh with abuse matters anyhow. It sounds like he wasn't exactly responsive, and THEN this on top of it. OP shouldn't be surprised he doesn't have a home.
      0 Not allowed!

  6. #56
    Join Date
    Aug 2009
    Location
    Los Angeles
    Posts
    3,338
    Quote Originally Posted by h4wk View Post
    Why are people assuming OP is doing something illegal. OP provided free blog hosting and cannot possibly monitor every blog.

    I was in the same situation earlier this year with a VPN service I co-own. Some guy used my service to hack into a hospital. From what I heard they weren't successful. Cops got my server shutdown and asked for the logs. I delete all logs in every 24 hours and they were asking for logs 4 months old. Who even keeps logs that old? When I told them I didn't have the logs they started threatening me and my friend. I immediately hired a local lawyer and they left me alone. My advice would be to hire a lawyer if the cops want to talk to you..
    Most people assumed that the people he hosted were the ones conducting the illegal activies, Which makes him responsible for their actions.
    QuadraNet Enterprises | Providing Secure Infrastructure Solutions to modern businesses since 2001.
    QuadraNet is a globally recognized cloud solution provider ​with the Best-in-class responsive 24x7 customer support.​
    Locations: Los Angeles, Miami, Dallas, New Jersey, Chicago, Atlanta, Seattle & Amsterdam.
    Andrew Moore andrew.moore@quadranet.com Visit https://www.QuadraNet.com
      0 Not allowed!

  7. #57
    Join Date
    Jul 2008
    Posts
    456
    Quote Originally Posted by affiliateplex View Post
    I got just this:
    Due to the history of abuse and on going abuse on this server.
    We opted to terminate this server, effective immediately.



    And I've asked for contact information of law enforcement officials, BurstNet reply:
    I'm sorry, but I am unable to provide you with any additional details.
    The people who have been in the hosting business for a while are telling you what that means. You just don't seem to want to hear it.

    There are a few possible "situations" in this case and most of them require Burst not to tell you anything. I'm sure you'll be hearing from someone in the near future. Hopefully they'll just invite you and your attorney in for a "talk" rather than kicking your front door in with a tac team.

    Good luck either way. At least you'll have plenty of material to write about. "Why you should pay someone to manage your server" would be a great first article, IMO.

    Even if someone posted something on your system without your knowledge or participation you still have a responsibility from the standpoint of hosting providers if not the actual law. If you refuse to learn that lesson I wish you all the luck in the World, you're going to need it.

    If you were involved in something illegal then you're completely at the mercy of whoever is doing the forensic investigation on your server. If that turns out to be the case and you've done all this screaming and complaining then shame on you and I hope they throw away the key. If child porn is involved I hope you get the max sentence plus a "helpful" cellmate.
      0 Not allowed!

  8. #58
    Join Date
    Aug 2008
    Location
    WWW
    Posts
    71
    Quote Originally Posted by affiliateplex View Post
    I got just this:
    Due to the history of abuse and on going abuse on this server.
    We opted to terminate this server, effective immediately.



    And I've asked for contact information of law enforcement officials, BurstNet reply:
    I'm sorry, but I am unable to provide you with any additional details.
    Let me get this correct They gave no urls or what was offensive and just shut it down and they said Due to the history of abuse and on going abuse on this server but never told you about it until the shut down.
    Amazing!
      0 Not allowed!

  9. #59
    Quote Originally Posted by gogadget View Post
    If you were involved in something illegal then you're completely at the mercy of whoever is doing the forensic investigation on your server. If that turns out to be the case and you've done all this screaming and complaining then shame on you and I hope they throw away the key. If child porn is involved I hope you get the max sentence plus a "helpful" cellmate.
    What's wrong with you?
    I have two kids.
    Last edited by affiliateplex; 07-14-2010 at 01:42 PM.
      0 Not allowed!

  10. #60
    <<snipped>>

    Not a good attitude.
    Here are just opinions.

    If you did something seriously anyone here does not decide your fate, just judge.

    If you are right, then some people from here just wrong.

    You will find that in short time, maybe.
      0 Not allowed!

  11. #61
    Join Date
    Jul 2008
    Posts
    456
    <<removed>>

    Given you don't seem to have a clue what was on your server that created the problem I'm amazed you have no concern over it. Having kids doesn't mean anything in that dept though, unfortunately.

    I was called in as an expert witness for a court case a few years back. A young man kind of like you hosted a forum on his server and people liked to post hacking scripts on that forum.

    He allowed this and thought it was great fun to mess around with them, pull pranks on people, etc. Except one of the scripts from his forum was used to hack into a govt server w/ homeland security purposes right after 9/11.

    He didn't run the script, he didn't even post it - but he spent close to two years sitting in a county and state jail. Because of the homeland security aspect he was given a "no bail" warrant. He eventually ended up taking a plea agreement just to get out of jail.

    I have zero sympathy for people who want to play at "web hosting" without being fully aware of the ramifications and responsibility involved. Anyone providing free hosting to the general public has to know it will be abused and should be smart enough to secure their system against said abuse.

    If you don't then you deserve what you get because you are either too stubborn for your own good or you used "free hosting" as your future legal defense and excuse to engage in illicit / illegal content hosting.

    Well, now you're going to find out how well that excuse works. (It doesn't even work for the civil lawsuits from the RIAA when people try to claim other people used their wireless connection to share music).

    Burst gave you multiple DMCA warnings and still allowed you to continue. Obviously someone exercised their ability and right to get a court order so they can sue you or something illegal was on your server and you're facing possible prosecution for it. Grow up and deal with reality - Burst did nothing wrong, in fact they went above and beyond for you based on your own posts. I would have terminated you without refund after the second DMCA notice. (And I would have been watching you like a hawk after the first),
    Last edited by Mike V; 07-14-2010 at 04:17 PM. Reason: Removed reference to removed post
      0 Not allowed!

  12. #62
    I read this entire thread and have this to add. Legally, authorities have the right to seize any and all materials under their warrant. The company which the warrant is served is bound by law, not to speak of an open investigation. I am aware the OP was not the one posting said material, but that does take away from his/her responsibility to know what is on their server. Unfortunately that is the risk we take when offering the type of services offered by the OP. One bad apple can spoil the bunch, and that seems to be the case here.
      0 Not allowed!

  13. #63
    Join Date
    Jul 2008
    Posts
    456
    Situations like this make me want to create a multiple choice test for potential clients to take before approving them for service.

    1. Are DMCA notices the best way to handle content control on your server?
    a. yes
    b. no
    c. what's a DMCA notice?

    2. If the lawyer for mega software / mega movie co has proof your server hosted their content illegally numerous times after numerous DMCA notices were sent, who would they rather sue?
    a. The free hosting provider with no money
    b. The datacenter with tons of valuable assets they can seize
    c. The free hosting end user with no identification / name / credit card / etc

    3. How many times should we (the datacenter) forward DMCA notices before lawyer X decides he can prove in court we're enabling illegal content to be hosted and sue us?
    a. one time
    b. two times
    c. lawyers are one of God's mysteries and no man can know what they will or will not do or why.

    If you're going to offer free hosting I suggest you secure your system against illegal content or hire someone to do it for you. Then you should talk to your datacenter, let them know you're hosting free web space and show them what controls you have in place to prevent abuse. Ask them if it's enough, if there's more you can do and implement any suggestions until they're satisfied. That way, if trouble does arise they know you're responsible enough to deal with it and that you will fix any security holes which allowed the violation.

    That way, you have a viable defense in court should anything happen other than "I didn't know what was on my own server". Then again, if you set up a system this way, more than likely nothing illegal will be posted without you knowing about it immediately and being able to remove it before it's served. Having a decent understanding of how the "safe harbor" clause works is also a very, very good idea if you're going to set up a hosting business.
    Last edited by server prodigy; 07-14-2010 at 02:19 PM.
      0 Not allowed!

  14. #64
    Join Date
    May 2002
    Location
    Moscow
    Posts
    1,602
    Internet is dangerous place. Dangerous for end users, resellers, service providers, uplinks, registrars. Dangerous for anyone. It is high risk place. You could lost your business within a minutes. The internet now just out of any law.
    TK Rustelekom LLC Dedicated server since 2002, RIPE NCC member, LIR
      0 Not allowed!

  15. #65
    Join Date
    Jul 2004
    Location
    Hong Kong
    Posts
    195
    Well, I'm with affiliateplex this time. I think this post should be closed because all I see is many webhost here to blame affiliateplex together and trying to defence for themself, not really intended to discuss the OP case.
      0 Not allowed!

  16. #66
    Quote Originally Posted by HKPlane View Post
    Well, I'm with affiliateplex this time. I think this post should be closed because all I see is many webhost here to blame affiliateplex together and trying to defence for themself, not really intended to discuss the OP case.
    Yes, mods please close the thread. Thank you.
      0 Not allowed!

  17. #67
    Join Date
    Aug 2008
    Location
    WWW
    Posts
    71
    I think BurstNet should step up to the plate and give affiliateplex the info he needs to find out what happened to his server. if he was running an illegal server to begin with would he be here complaining that his server is taken down. Come on people think of when you caught a spammer, warez site, illegal site closed them down did they jump up and down saying why did you close my site in a public forum.
    Use your brains BurstNet did not communicate with him simple, then his server was shut down.
      0 Not allowed!

  18. #68
    Join Date
    Mar 2010
    Posts
    4,533
    Quote Originally Posted by HKPlane View Post
    Well, I'm with affiliateplex this time. I think this post should be closed because all I see is many webhost here to blame affiliateplex together and trying to defence for themself, not really intended to discuss the OP case.
    Quote Originally Posted by affiliateplex View Post
    Yes, mods please close the thread. Thank you.
    Well maybe you can post insite on the issue when you find out more in the future. Assuming jail time is not in question.

    I would try to call a manager or something or ask a local police department.
      0 Not allowed!

  19. #69
    Quote Originally Posted by techjr View Post
    Well maybe you can post insite on the issue when you find out more in the future.
    Yes, I will.
      0 Not allowed!

  20. #70
    Join Date
    Oct 2009
    Posts
    1,036
    Two things:

    1) As I stated, all the information we can give we have given.

    2) I am all for closing this thread, but I feel the title should be altered to something more appropriate. perhaps "Legality of taking down servers" as this quickly grew larger than just BurstNET (And should definitely not be about staying away from us)
      0 Not allowed!

  21. #71
    Tell me one thing please when to engage the site? If you cancel the hosting that does not mean that the site may not be on another hosting with more control. All users blogetery.сom waiting for news that at least write about it.
      0 Not allowed!

  22. #72
    Join Date
    Aug 2008
    Posts
    2,469
    Quote Originally Posted by szamriy View Post
    Tell me one thing please when to engage the site? If you cancel the hosting that does not mean that the site may not be on another hosting with more control. All users blogetery.сom waiting for news that at least write about it.
    The United States Government is very serious when it comes to illegal actions. He can't "engage" your sites since the server has been seized it seems doubt there is an ETA since investigations due very in length. Even if he were to move hosts and whatever took place were to repeat it's self the same consequence would occur.
      0 Not allowed!

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