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  1. #1
    Join Date
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    Thumbs down Hivelocity Server terminated, charged $500 as Spam clean fee, paid by reseller

    I think this is best place to discuss as this is related to Dedicated server.

    Hello everyone, we are a new hosting company just have started business with a reseller account. The hosting package has been purchased from thetigerhost.com who is actually taken dedicated server from HiVelocity. We have some valuable clients hosted on our hosting account. A few days back the server just stopped working. We contact with Thetigerhost.com. He said the server was terminated without any notice and he will keep informing us with the reason which Hivelocity will provide him. After all the issues sort out, Thetigerhost.com told that the Spamming/illegal activity happened from the website under the IP Address belongs to us. We were shocked as we did not have any idea how that happened, and if it does, why did not we get any notification to resolve this issue. So we contact with the client of l4u.in for more information. He said he use this domain for URL shorten purpose and he didn’t make any activity on that website for last two months. When we informed him about the spamming and terminating issue, he was just surprised and was unable to reply with a reasonable excuse. Now, on the other hand our clients keep us calling and e-mailing daily to know what is actually the reason that their websites are down?

    One of our valuable customers who run an educational website on our hosting claims that he has more than sixteen thousands of members on that website. He threatened us that want an immediate recovery/fix of his website.

    We did not know what we actually should tell him. Now that our IP is black listed we are unable to recover it. Moreover the backups we have are not so much updated. Our clients are asking us to make their website live. How we are going to do that if we do not have an active hosting??

    Another Shocking news was waiting for us when Thetigerhost.com informed us that they have to pay $500 charge for spam cleaning issue. As the IP that was blacklisted belongs to us, so it is our responsibility to pay that amount of money. Well this excuse is totally not acceptable to us. The IP was blacklisted because of a single domain l4u.in where the spamming happened and the owner of that website does not even know what is going on him website. Now considering our responsibility, many can ask us why we did not monitor our client’s website. The question is, what is actually the responsibility for a reseller account holder there to monitor unless visiting their client’s website, checking server load and taking backup?? We are not permitted to monitor either any illegal activity is going on our clients websites or not, neither we got any E-mail or phone notification/warning. They just terminated the server without a notification and then our hosting provider creating pressure to us to pay him $500 for this loss. So I like to know what was actually our security at this point? And what kind of ethics is this?

    Our hosting provider told us that he paid $500 to Hivelocity.com and took the hard disk back for the backup. He also said that Hivelocity.com made exception for our IP address, they will provide only 10 minutes to Thetigherhost.com for taking our reseller account backup. However Thetigerhost.com was able to backup only a few websites as the time exceeded and Hivelocity.com shut it down again. Major clients account was unable to backup.
    Now please consider our part again:

    • We did not know about this spamming issue as we do not have the power to monitor such things.
    • Our clients keep threatening us for their websites that was hosted with us. Many clients were in our office for two days. Moreover many have already shifted to another hosting.
    • The owner of l4u.in has no idea about this issue.
    • Our hosting provider (ThetigerHost.com) is charging us to pay $500 for this loss.
    • Thetigerhost.com was unable to deliver us our updated backups.
    • Whose fault is this? Hivelocity? Our hosting providers, us? Or the client who belongs to this website.

    The moral is we have to pay $500 for nothing? If the illegal activity happened for one particular domain, why destroying or holding other innocent domains/client’s data for this? Hivelocity.com showed a professional excuse for IP blacklist and terminated our host. As per our hosting provider said us that he called on the datacenter and talked with several Hivelocity.com representatives, but they were not nice to him and threaded him with all possible ways. Moreover Hivelocity took a serious step against us. They told our server provider to delete our reseller account. But we have a question at this point, “Do HiVelocity, Tigerhost.com or us have any right to terminate innocent client’s website just because one domain was guilty? Or our sever provider have the right to create pressure on us to pay $500 for his loss?

    Now that we are in great trouble, we can’t think what is the correct step should take in this point. Some of our client’s have lost, others are threatening us. We do not have updated backups so that we could move to another server. Our current reseller hosting account is terminated and moreover we are charged $500 for such reason with is totally unethical. Why do we pay for such things that we did not do, and even we didn’t get our backup?

    We just loose our confidence. We started this small business and our providers should be our shelter. But if they play with us for such issues and include spam charge fee though we are already in a great trouble what would be our stand? What is the security a reseller account holder actually has?

    Even though we recover this issue and take another reseller account, if same spamming issue repeats again, do we have to pay $500 and get some serious threats in extra from our clients again (if someone exists till then)??

    So isn’t it the responsibility for Hivelocity.net to refund the fees $500 that was paid by our hosting provider and our backup of innocent clients which is belongs to the blacklisted IP?

    Any suggestions? Are we actually responsible to pay $500 where we didn’t get our backup?
    We are looking for your suggestions/feedback. We are in a great trouble. If we do not get any reasonable solution, we will be no more on the business. Might be..
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  2. #2
    Join Date
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    Something does not add up here, I doubt Hivelocity would do such a thing and charge $500. Did you try to get in touch with Hivelocity about this? They might be able to explain this situation.
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  3. #3
    Join Date
    May 2004
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    I have no idea how you think this is a problem with Hivelocity.

    The problem is clearly with you for two reasons.

    1) You should have a backup of your clients data on a daily basis. You shouldn't be relying on anyone else to take this, it is your responsibility if you offer that service. The client should have their own backups if their data is that important.

    2) It is your responsibility to ensure your clients are not causing trouble on your account.

    Now the questions I would have are:

    Did Hivelocity send an abuse notice to your upstream thetigerhost.com? Did they send it to you? Clearly if there is spam reported someone must be passing on some details to you guys. If Hivelocity never told you the details of the problem via your server provider that is an issue but I am not sure if it is with Hivelocity or the server provider.

    Is this the first incident you have had like this?

    Did Hivelocity really charge you $500 for cleanup? That seems like a lot.

    Did your reseller actually pay it? It seems like if they paid it and Hivelocity cleaned it up, then you should be back up and running.

    Why do you think you shouldn't be responsible at all for what your clients do? Once notified of an abuse incident you should work to clean them up.
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  4. #4
    Join Date
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    Quote Originally Posted by CrocWeb View Post
    Something does not add up here, I doubt Hivelocity would do such a thing and charge $500. Did you try to get in touch with Hivelocity about this? They might be able to explain this situation.
    Agree with this - there's a likelihood that your provider is adding a bit of a profit on top of Hiveys spam fee too.
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  5. #5
    Join Date
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    Quote Originally Posted by CoolNoel View Post
    Did Hivelocity really charge you $500 for cleanup? That seems like a lot.
    http://www.hivelocity.net/legal/aup/

    "$500/incident/spam clean-up fee, all of which is payable within 24 hours or will be referred to a collection agency."

    <adds HiVelocity to his never-consider list>
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  6. #6
    Join Date
    May 2008
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    Quote Originally Posted by CrocWeb View Post
    Something does not add up here, I doubt Hivelocity would do such a thing and charge $500. Did you try to get in touch with Hivelocity about this? They might be able to explain this situation.
    Hivelocity did it and thetigerhost.com sent me the invoice which is sent by hivelocity.
    I got in touch to hivelocity, and they told me that thats not their concern and i need to talk to my hsoting provider from where I got my reseller account.
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  7. #7
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    Quote Originally Posted by Patrick View Post
    http://www.hivelocity.net/legal/aup/

    "$500/incident/spam clean-up fee, all of which is payable within 24 hours or will be referred to a collection agency."

    <adds HiVelocity to his never-consider list>
    Why should they have to clean up someone elses mess? It's a good way to put spammers off. Period.
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  8. #8
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    Quote Originally Posted by JSCL View Post
    Why should they have to clean up someone elses mess? It's a good way to put spammers off. Period.
    What are they cleaning up? I'm not new to this game, I understand how "things" work.

    Most SPAM blacklists include a single IP address. It's only the extremely anal retentive lists or repeat offenders who manage to get entire blocks of IP addresses blocked. Does HiVelocity penalize everyone, regardless if they generate a few complaints a month or a single complaint every 5 years? That fee is ridiculous in my opinion if it's given to everyone and not (just) the most serious repeat offenders.
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  9. #9
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    Quote Originally Posted by Patrick View Post
    What are they cleaning up? I'm not new to this game, I understand how "things" work.

    Most SPAM blacklists include a single IP address. It's only the extremely anal retentive lists or repeat offenders who manage to get entire blocks of IP addresses blocked. Does HiVelocity penalize everyone, regardless if they generate a few complaints a month or a single complaint every 5 years? That fee is ridiculous in my opinion if it's given to everyone and not (just) the most serious repeat offenders.
    I doubt they penalize everyone and I'll bet there's a string of complaints against the provider - not just one. Single IP? Sure, sometimes. But full blocks get blacklisted more often than single IP's.
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  10. #10
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    Quote Originally Posted by CoolNoel View Post

    Now the questions I would have are:

    Did Hivelocity send an abuse notice to your upstream thetigerhost.com? Did they send it to you? Clearly if there is spam reported someone must be passing on some details to you guys. If Hivelocity never told you the details of the problem via your server provider that is an issue but I am not sure if it is with Hivelocity or the server provider.

    Is this the first incident you have had like this?

    Did Hivelocity really charge you $500 for cleanup? That seems like a lot.

    Did your reseller actually pay it? It seems like if they paid it and Hivelocity cleaned it up, then you should be back up and running.

    Why do you think you shouldn't be responsible at all for what your clients do? Once notified of an abuse incident you should work to clean them up.
    Hivelocity didnt sent any type of abuse notice, after contacting with them by thetigerhost they replied after 30 min that the whole server is terminated.

    Hivelocity charged it to my hosting provider, and my hosting provider has charged this amount to me because the incident happened from my clients account and the IP belongs to me.

    Server monitoring and all others services i got from my hosting provider, If someone start sending spam mails i am not able to know that, how could I be concern about it. but in This case my hosting provider also couldnt able to know from where its spamming as the site is URL shortening and he didnt get any notification or warning about it.
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  11. #11
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    Quote Originally Posted by JSCL View Post
    I doubt they penalize everyone and I'll bet there's a string of complaints against the provider - not just one. Single IP? Sure, sometimes. But full blocks get blacklisted more often than single IP's.
    I hope they only penalize repeat offenders. They must or there would be more threads here if it were everyone...

    OP:

    Have you had any prior abuse / SPAM reports?
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  12. #12
    Join Date
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    Since you're a reseller, the server administrator should have safeguards in place to prevent excessive spamming. The administrator needs to stay on top of his resellers and take action against the offender before it escalates to this level.

    You and the administrator are both at fault, imo. The fee should be split accordingly.
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  13. #13
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    Quote Originally Posted by Patrick View Post
    I hope they only penalize repeat offenders. They must or there would be more threads here if it were everyone...

    OP:

    Have you had any prior abuse / SPAM reports?
    When thetigerhost.com contacted with them they just reply with the ticket server was terminated for abuse and l4u.in: URL shortners abused by botnet spammers. Before terminating the server my hosting provider and me didn't get any kind of reports.

    Can anyone please tell me is that fair terminating the server without any notice?
    If it is, is that fair after paying $500 by thetigerhost, they only give 10 min to backup my reseller account and after that terminated my account where I didnt get only few backups?
    If it is, is that fair that now I pay $500 because incident happened from by customer account?
    If it is, is that fair I pay $500 where I don't get my backup and why should I pay this amount now?
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  14. #14
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    Quote Originally Posted by greenghost88 View Post
    After all the issues sort out, Thetigerhost.com told that the Spamming/illegal activity happened from the website under the IP Address belongs to us.
    Interesting ... have they provided you any information to demonstrate as much?

    Quote Originally Posted by greenghost88 View Post
    We were shocked as we did not have any idea how that happened, and if it does, why did not we get any notification to resolve this issue.
    It sounds to me like your provider wasn't actively watching for that sort of thing and as such they got burnt. It can happen to any provider if safeguards and checks are not in place and it's impossible to monitor such things really from the access levels a reseller would have.

    Quote Originally Posted by greenghost88 View Post
    So we contact with the client of l4u.in for more information. He said he use this domain for URL shorten purpose and he didn’t make any activity on that website for last two months. When we informed him about the spamming and terminating issue, he was just surprised and was unable to reply with a reasonable excuse. Now, on the other hand our clients keep us calling and e-mailing daily to know what is actually the reason that their websites are down?
    Generally url shortening services are used/exploited by spammers - they use the services to link to their spam sites. Having your URLs listed in spam emails can cause spam reports and issues - a lot of providers don't allow URL shorteners.

    Quote Originally Posted by greenghost88 View Post
    One of our valuable customers who run an educational website on our hosting claims that he has more than sixteen thousands of members on that website. He threatened us that want an immediate recovery/fix of his website.
    Well if your provider doesn't have your data, you don't back up your clients' sites, and your clients don't have their own backups there obviously isn't going to be much you can do.

    I hope that your Terms of Service at the least protect you from extreme levels of liability in this sort of situation and that you, at the least, have your company registered as a separate entity to protect your personal assets from lawsuits against the business.

    Quote Originally Posted by greenghost88 View Post
    We did not know what we actually should tell him. Now that our IP is black listed we are unable to recover it. Moreover the backups we have are not so much updated. Our clients are asking us to make their website live. How we are going to do that if we do not have an active hosting??
    Well it sounds like you need to get hosting somewhere and get the sites back online - even if they're outdated, that's certainly better than nothing. I'd do what I could to work with the "old" provider to get recent copies of the data.

    Quote Originally Posted by greenghost88 View Post
    Another Shocking news was waiting for us when Thetigerhost.com informed us that they have to pay $500 charge for spam cleaning issue. As the IP that was blacklisted belongs to us, so it is our responsibility to pay that amount of money.
    Well, if you agreed to paying such cleanup fees when you agreed to the terms and conditions of their hosting you very well may be responsible for it. I can't say if it's a fully legal provision or not as I'm not a lawyer so if you're in doubt, have an attorney look the terms and conditions over.

    If you never agreed to pay such fees, then realistically you have no obligation to pay them. They can invoice you for anything they want - that doesn't mean you have to pay it. Again, consult a lawyer if you're not sure.

    Quote Originally Posted by greenghost88 View Post
    Well this excuse is totally not acceptable to us. The IP was blacklisted because of a single domain l4u.in where the spamming happened and the owner of that website does not even know what is going on him website.
    Whether or not the customer realized their site/script was being used for spam/spammy purposes isn't really relevant.

    Quote Originally Posted by greenghost88 View Post
    Now considering our responsibility, many can ask us why we did not monitor our client’s website. The question is, what is actually the responsibility for a reseller account holder there to monitor unless visiting their client’s website, checking server load and taking backup?? We are not permitted to monitor either any illegal activity is going on our clients websites or not, neither we got any E-mail or phone notification/warning. They just terminated the server without a notification and then our hosting provider creating pressure to us to pay him $500 for this loss. So I like to know what was actually our security at this point? And what kind of ethics is this?
    Well it depends on too may variables that you've simply not stated to give you any sort of real answers to most of these questions.

    Quote Originally Posted by greenghost88 View Post
    Our hosting provider told us that he paid $500 to Hivelocity.com and took the hard disk back for the backup. He also said that Hivelocity.com made exception for our IP address, they will provide only 10 minutes to Thetigherhost.com for taking our reseller account backup. However Thetigerhost.com was able to backup only a few websites as the time exceeded and Hivelocity.com shut it down again. Major clients account was unable to backup.
    I don't quite understand what this means ... your provider got the backup drive and then was trying to make new backups? I don't know that any provider in their right minds would limit time to complete backups to only 10 minutes unless it was for only a single small site.

    Quote Originally Posted by greenghost88 View Post
    • We did not know about this spamming issue as we do not have the power to monitor such things.
    I agree with not having the power to monitor such issues as a reseller but ultimately that doesn't mean you're not responsible for the actions of your clients.
    Quote Originally Posted by greenghost88 View Post
    • Our clients keep threatening us for their websites that was hosted with us. Many clients were in our office for two days. Moreover many have already shifted to another hosting.
    It's definitely a bad situation, not sure what to tell you beyond trying to get people back online and/or get them copies of their data if you have it.
    Quote Originally Posted by greenghost88 View Post
    • The owner of l4u.in has no idea about this issue.
    Whether or not they knew, again, isn't very relevant.
    Quote Originally Posted by greenghost88 View Post
    • Our hosting provider (ThetigerHost.com) is charging us to pay $500 for this loss.
    So consult an attorney to see if you should pay it, or tell them to get lost.
    Quote Originally Posted by greenghost88 View Post
    • Thetigerhost.com was unable to deliver us our updated backups.
    Unless they have some legal guarantee or requirement to do so, you're probably out of luck on this.
    Quote Originally Posted by greenghost88 View Post
    • Whose fault is this? Hivelocity? Our hosting providers, us? Or the client who belongs to this website.
    Ultimately I'd say it's your provider's fault for not closely monitoring the server where as it's your customer's responsibility for not keeping their site up to date and/or making sure it's not being abused/exploited. It's also your responsibility as you're at least a little responsible for the actions of the accounts that you host.

    Quote Originally Posted by greenghost88 View Post
    The moral is we have to pay $500 for nothing?
    I don't know, contact an attorney.

    Quote Originally Posted by greenghost88 View Post
    If the illegal activity happened for one particular domain, why destroying or holding other innocent domains/client’s data for this?
    I couldn't tell you as I didn't do it.

    Quote Originally Posted by greenghost88 View Post
    Hivelocity.com showed a professional excuse for IP blacklist and terminated our host. As per our hosting provider said us that he called on the datacenter and talked with several Hivelocity.com representatives, but they were not nice to him and threaded him with all possible ways.
    Well that doesn't sound good for your provider if it's true but I'd say it's more likely that HiVelocity was professional with them and that your provider is likely spinning this to try and place the blame on HV and away from themselves.

    Quote Originally Posted by greenghost88 View Post
    Moreover Hivelocity took a serious step against us.
    No, actually, they did not. They took a serious step against your provider and you were a bystander in that situation. It does affect you, but it was not an action taken against you.

    Quote Originally Posted by greenghost88 View Post
    They told our server provider to delete our reseller account.
    How do you know they said that - is it because your provider told you that is what they said? Are you absolutely sure whoever told you this was being absolutely truthful with you and wasn't trying to pass the blame on to somebody else?

    Quote Originally Posted by greenghost88 View Post
    But we have a question at this point, “Do HiVelocity, Tigerhost.com or us have any right to terminate innocent client’s website just because one domain was guilty?
    Most Terms and Conditions allow a provider to suspend and/or terminate any service at any time with or without reason... If they have such provisions in their Terms and Conditions then they certainly could do so without issues. They are both private companies, as far as I know, which means that they are not required to do business with anybody that they don't wish to do business with. If you had some sort of contract with them that you feel they violated then perhaps you should consult an attorney.

    Quote Originally Posted by greenghost88 View Post
    Or our sever provider have the right to create pressure on us to pay $500 for his loss?
    I don't know, talk to an attorney.

    Quote Originally Posted by greenghost88 View Post
    Now that we are in great trouble, we can’t think what is the correct step should take in this point. Some of our client’s have lost, others are threatening us.
    Do whatever you can to get people back online and/or their data back to them.

    Quote Originally Posted by greenghost88 View Post
    We do not have updated backups so that we could move to another server.
    Do you not have updated backups or do you not have any backups at all? If the data is just older - then do what you can to bring it online.

    Quote Originally Posted by greenghost88 View Post
    Our current reseller hosting account is terminated
    Ok... So move on with your life and/or your business.

    Quote Originally Posted by greenghost88 View Post
    and moreover we are charged $500 for such reason with is totally unethical.
    I don't see how invoicing you for damages you have caused, whether on purpose or not, is unethical.

    Quote Originally Posted by greenghost88 View Post
    Why do we pay for such things that we did not do, and even we didn’t get our backup?
    I'm not sure that you should, consult an attorney.

    Quote Originally Posted by greenghost88 View Post
    We just loose our confidence. We started this small business and our providers should be our shelter. But if they play with us for such issues and include spam charge fee though we are already in a great trouble what would be our stand? What is the security a reseller account holder actually has?
    Having a solid business plan including a contingency plan would be a good idea... Make sure that you have backups or you make it clear to your clients that you don't and that they should keep their own. Make it clear, via your terms or otherwise, that you're not responsible for any data loss if you're not keeping backups or perhaps even if you just in case.

    Quote Originally Posted by greenghost88 View Post
    Even though we recover this issue and take another reseller account, if same spamming issue repeats again, do we have to pay $500 and get some serious threats in extra from our clients again (if someone exists till then)??
    I guess that would depend on the situation, the provider, and the actions of your clients. I would think that most providers would catch this sort of issue before it became major but things do happen.

    Quote Originally Posted by greenghost88 View Post
    So isn’t it the responsibility for Hivelocity.net to refund the fees $500 that was paid by our hosting provider and our backup of innocent clients which is belongs to the blacklisted IP?
    Why exactly would they have to do that? You're in a bad spot and you have ultimately nobody to blame but yourself - I don't see how HiVelocity even comes into play as you've not dealt with them directly nor do you have any agreements/contracts with them.

    Quote Originally Posted by greenghost88 View Post
    Any suggestions? Are we actually responsible to pay $500 where we didn’t get our backup?
    Whether or not you got your backups has absolutely nothing to do with whether you should pay $500 in damages. Ultimately you need to consult an attorney.

    Quote Originally Posted by greenghost88 View Post
    We are looking for your suggestions/feedback. We are in a great trouble. If we do not get any reasonable solution, we will be no more on the business. Might be..
    That's absolutely possible - I've seen businesses go under for even less serious reasons.

    Good luck.
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  15. #15
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    Dec 2007
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    This probably belongs in another section of the forum since you don't have a dedicated from Hivelocity and really Hivelocity shouldn't even be named since you don't purchase from them.

    There is no reason to jump the gun on anything until a response is provided by HiVel however since you aren't a HiVel customer they really are under no obligation to give you one.

    In general with 'spam payments' im with Patrick on that since it spits in the face of the can-spam act and takes the act of spam reversing it to extortion.

    I ran into this with Cologuys where some rouge russian blacklist was demanding this kind of money from them and Cologuys asked me if I wanted to pay it. Now why would I want to pay money to a russian blacklist and is it legal anyhow? Of course no it's not legal, it's extortion.

    As internet providers of service we select who we are going to accept e-mail from. Google does it with Postini as I see we have alot of trouble at times e-mailing Postini customers yet we e-mail gmail just fine. There is no recourse for it and sending money to google or anyone else isn't going to fix that.

    I would suggest having this moved to the correct area of the forum and changing the topic to the real hosts name.

    I wouldn't pay anything cut your losses and go somewhere else.

    And as far as anyone sending you to collection for it, if that were ever to occur i'd file a criminal complaint for extortion against not only the host but also name the collection agency. The things you may have agreed to in the terms of service won't be able to overlap what we have as law here and this type of thing is extortion.
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  16. #16
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    Quote Originally Posted by woods01 View Post
    In general with 'spam payments' im with Patrick on that since it spits in the face of the can-spam act and takes the act of spam reversing it to extortion.
    A $500 charge for a spam issue I could certainly see as unreasonable where as charging administrative fees for the time spent clearing such issues, if legitimate, I can see. A flat-rate fee of $500 is not what I'd call reasonable.

    Dealing with blacklisted IPs and other spam-related issues certainly takes staff time and charging any clients who cause such listings for administrative fees for such time isn't extortion in my opinion but it does need to be a reasonable fee. Even if you were paying a server administrator $100/hour to handle these issues it's certainly not going to take a solid dedicated 5 hours of time to resolve issues such as these.

    Not necessarily disagreeing with you - just saying that there are legitimate reasons for spam clean-up fees and then there is obvious extortion.
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  17. #17
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    If you're not hosted directly with Hivelocity then you should consult your providers AUP and TOS. If they don't state this fee in their documents then they have no right to charge you for this. Have you checked with them?
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  18. #18
    I dont see anything about this anywhere in their tos.
    thetigerhost.com/tos-aup

    And according to this
    support.thetigerhost.com/index.php?_m=knowledgebase&_a=viewarticle&kbarticleid=2&nav=0

    They dont resell servers they own their own.

    Something doesnt sound right.
      0 Not allowed!

  19. #19
    Join Date
    May 2008
    Location
    Localhost
    Posts
    54
    Quote Originally Posted by GregEm2727 View Post
    If you're not hosted directly with Hivelocity then you should consult your providers AUP and TOS. If they don't state this fee in their documents then they have no right to charge you for this. Have you checked with them?
    Yes I have checked the AUP and TOS. Anything for paying this amount of fee for such spam cleaning purpose is not mentioned.
      0 Not allowed!

  20. #20
    Join Date
    May 2008
    Location
    Localhost
    Posts
    54
    Quote Originally Posted by woods01 View Post
    This probably belongs in another section of the forum since you don't have a dedicated from Hivelocity and really Hivelocity shouldn't even be named since you don't purchase from them.

    There is no reason to jump the gun on anything until a response is provided by HiVel however since you aren't a HiVel customer they really are under no obligation to give you one.

    In general with 'spam payments' im with Patrick on that since it spits in the face of the can-spam act and takes the act of spam reversing it to extortion.

    I ran into this with Cologuys where some rouge russian blacklist was demanding this kind of money from them and Cologuys asked me if I wanted to pay it. Now why would I want to pay money to a russian blacklist and is it legal anyhow? Of course no it's not legal, it's extortion.

    As internet providers of service we select who we are going to accept e-mail from. Google does it with Postini as I see we have alot of trouble at times e-mailing Postini customers yet we e-mail gmail just fine. There is no recourse for it and sending money to google or anyone else isn't going to fix that.

    I would suggest having this moved to the correct area of the forum and changing the topic to the real hosts name.

    I wouldn't pay anything cut your losses and go somewhere else.

    And as far as anyone sending you to collection for it, if that were ever to occur i'd file a criminal complaint for extortion against not only the host but also name the collection agency. The things you may have agreed to in the terms of service won't be able to overlap what we have as law here and this type of thing is extortion.
    I am not pointing Hivelocity by naming it. I just tried to explain actually what happened with me and what are the problems/trouble causing for this and I just thought that the experts here would have better solution/suggestion/advice.
      0 Not allowed!

  21. #21
    Join Date
    Mar 2010
    Posts
    4,533
    Quote Originally Posted by 2hourservers View Post
    I dont see anything about this anywhere in their tos.
    thetigerhost.com/tos-aup

    And according to this
    support.thetigerhost.com/index.php?_m=knowledgebase&_a=viewarticle&kbarticleid=2&nav=0

    They dont resell servers they own their own.

    Something doesnt sound right.
    So a host that lies... We have never seen that before

    Although a few questions come to mind. How are you unable to monitor spam? It should be one of your first things setup. Has your host told you anything about spam reports? It seems they did not forward them to you.

    Time to find a new provider, I would not sign up with thetigerhost at all.
      0 Not allowed!

  22. #22
    Join Date
    Aug 2010
    Posts
    304
    Please clarify, are you paying for a reseller hosting account or did you pay for a dedicated server? If the former, then your host is mostly at fault. Their tos does not say anything about spam fees. You are not subjected to hivelocity's aup/tos.

    @Thetigerhost, consider it a lesson for not doing your job as an administrator.

    @greenghost88, do not pay and find a new host. Consider it a lesson for not making off-site backups.
      0 Not allowed!

  23. #23
    Join Date
    May 2008
    Location
    Localhost
    Posts
    54
    Quote Originally Posted by fraghost View Post
    Please clarify, are you paying for a reseller hosting account or did you pay for a dedicated server? If the former, then your host is mostly at fault. Their tos does not say anything about spam fees. You are not subjected to hivelocity's aup/tos.

    @Thetigerhost, consider it a lesson for not doing your job as an administrator.

    @greenghost88, do not pay and find a new host. Consider it a lesson for not making off-site backups.
    I am paying for reseller hosting.
      0 Not allowed!

  24. #24
    Join Date
    Dec 2005
    Location
    I'm Lost...Help
    Posts
    895
    Quote Originally Posted by greenghost88 View Post
    I am paying for reseller hosting.
    Now that this is clarified I don't agree that you would be held responsible for this unless thetigerhost.com clearly had this in their own own tos/aup when you signed up. They are responsible for the management of the server as a whole and they should have been monitoring the sites on the server for any abusive activity.

    I would take the limited backups you have and then find a new provider and work with that you can at this point. I would not pay thetigerhost.com a dime wither since this fee is not mentioned in their tos/aup.

    In mind thoughts this is officially their problem and lack of management of their own server that lead to this. Let them learn a lesson and fork out the $500.
    Kevin Kopp - MonsterMegs Business Class Hosting Services
    Pure SSD Powered Shared, Reseller, and Enterprise Hosting Solutions
    US & NL Locations :: [US] PhoenixNAP | [NL] EvoSwitch Datacenters
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  25. #25
    Join Date
    Jul 2010
    Location
    Penang, Malaysia
    Posts
    355
    Same thing happened to HostPolice.com if i'm not mistaken...
      0 Not allowed!

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