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  1. #1

    * IDC.HK / CNSUN.COM Dedicated Server

    As some of you may know, idc.hk (also known as cnsun.com - the sunshine web as translated from Chinese) is a dedicated server company located in Hong Kong and China. They do provide okay customer service, a good website, and looks like a very solid company.

    However, I had a dedicated server located with them in their IDC center in Zhongshan, China for about 4-5 months now. Last month, the Chinese police founded pornography posted on one of our websites (without our knowledge) and placed charges against us. The server was taken down as the police had to conduct investigations. We cooperated with the police and realized our mistakes as we promised to remove the pornography elements on our server. We were also fined as we understand adult pictures are seriously prohibited within China.

    After about a week of proceedings, we didn't know the server was returned to the dedicated server provider. We kept calling the dedicated server provider and they said they don't have the server or they can't restore it without any good reason. Finally, we called the police and they said they had already returned it. We posed this question to the provider and they finally admitted that they had REFORMATTED the hard drive. They said we violated the terms of the contract and thus no longer is binding to it.

    Although it is true that we didn't fulfill the terms of the contract completely, I don't think that gives them the right to delete all our files without telling us beforehand! We end up losing our files with no backup and deal with customer complaints! We had at least 2-3 portal websites on the server gone just because of this issue. We intend to go through court action to seek compensatory damages.

  2. #2
    Join Date
    Oct 2005
    Location
    Fleet Street
    Posts
    3,243
    Have you read their terms of service? You admit to violating their rules AND Chinese law - I think at that point they pretty much have the right to do whatever they want to your server. While it may seem that they are overreacting, they're really just protecting their own asses, especially if the server was seized by the police.

  3. #3
    The police had charged us and they didn't put the blame on them. We had settled the problem with the police and go forward from there. The police didn't even have the right to reformat the hard drive, why should they?

  4. #4
    Join Date
    Aug 2002
    Location
    Hong Kong
    Posts
    417
    this is quite common in china

    next time if you plan to do anything in china, be sure to establish some form of relations with related persons, don't believe in laws or tos

  5. #5
    Join Date
    Jun 2004
    Location
    Oregon
    Posts
    1,282
    Are you sure it was not the police who did the format? We had servers taken by the police before because of clients hosting illegal content, everytime they return the machine they formatted it.
    CNSERVERS.COM Portland, Oregon since 2005
    Fully DDoS Protected BGP Network - Hardware Based Automatic Network and Application Level Protection
    IP Transit / Colocation / DDOS-Protected Server / High Bandwidth Server
    Portland, OR / Seattle, WA / Los Angeles, LA / Frankfurt, Germany

  6. #6
    Join Date
    Jul 2004
    Location
    Kent, UK
    Posts
    699
    If the police were taking it so seriously, do you really think they are going to even consider your request for compensation?

    Perhaps in the future you will read the TOS, and have your server in a country that isn't so harsh.
    Andrew Thomas

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