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  #1  
Old 04-25-2006, 10:21 AM
midnight midnight is offline
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Join Date: Oct 2001
Location: United States
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Superbserver.net


Has anyone dealt with this company before?
I have a server with them for my client. They claimed he is having a copywright software downloaded from his server. I contacted the client and he denied having any download on the server. I asked them to login to the server and check it themselve. I login to his server and view contents, I could not find any download. I emailed superbserver and they appologized to me for misunderstanding. All of a sudden I received and email that they have disconnected my clients server.
Here is is superbserver response and appology:

Hello,

If they believe this DMCA notification was filed in error then they just have to tell you that the content is not on their server and all liability is removed from you when you forward their message on to us.

The DMCA is designed to give everyone a chance to remove the content or to at least confirm it is not there. There is no need for your client to admit guilt or any wrongdoing but they do need to state that the content is not there to eliminate your liability. Even if the content was there - removing it and stating that its not there is good enough. In turn we need you to forward that statement to us so we can tell the complaining party and eliminate our liability.

This issue is now closed, it is pretty obvious to me that your customer believes the content is not on the server.

Thank you and sorry for any miscommunication on my part.


Anyway, that is my only server with them. I am going to move my clients. They are bunch of confused guys. My client has sort legal advise as to whether there action constitute defamation of character.
I am just glad I do not have to deal with them anymore. We have to beware now where we take our business to.



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  #2  
Old 04-25-2006, 10:41 AM
darkink darkink is offline
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Join Date: Mar 2005
Posts: 306
i think they need to warn you before shut down the server.. but since they think they made a mistake,then they should not shut down the server

  #3  
Old 04-25-2006, 12:31 PM
redde redde is offline
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////............


Last edited by redde; 04-25-2006 at 12:43 PM.
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  #4  
Old 04-25-2006, 01:57 PM
Commit1 Anthony Commit1 Anthony is offline
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Join Date: Sep 2005
Location: In the office
Posts: 856
Clients should definitely be warned before having their server shutdown.. we find it very unethical and unprofessional to do so. However if the server is being a threat to the network, datacenters will be sometimes forced to do so.

  #5  
Old 04-25-2006, 02:19 PM
lstewart lstewart is offline
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Join Date: Jul 2003
Posts: 5
Quote:
Originally Posted by midnight
Has anyone dealt with this company before?
I have a server with them for my client. They claimed he is having a copywright software downloaded from his server. I contacted the client and he denied having any download on the server. I asked them to login to the server and check it themselve. I login to his server and view contents, I could not find any download. I emailed superbserver and they appologized to me for misunderstanding. All of a sudden I received and email that they have disconnected my clients server.
Here is is superbserver response and appology:

Hello,

If they believe this DMCA notification was filed in error then they just have to tell you that the content is not on their server and all liability is removed from you when you forward their message on to us.

The DMCA is designed to give everyone a chance to remove the content or to at least confirm it is not there. There is no need for your client to admit guilt or any wrongdoing but they do need to state that the content is not there to eliminate your liability. Even if the content was there - removing it and stating that its not there is good enough. In turn we need you to forward that statement to us so we can tell the complaining party and eliminate our liability.

This issue is now closed, it is pretty obvious to me that your customer believes the content is not on the server.

Thank you and sorry for any miscommunication on my part.


Anyway, that is my only server with them. I am going to move my clients. They are bunch of confused guys. My client has sort legal advise as to whether there action constitute defamation of character.
I am just glad I do not have to deal with them anymore. We have to beware now where we take our business to.
The appology was for assuming you were familiar with the act (which you should be if you are involved in hosting of any type) and not communicating the problem in such a way that you would understand that your client is not in any trouble but rather we just needed them to clearly state that they have either removed the content or that the content is not there. The appology was not intended to excuse us from forwarding the DMCA notification to you. SuperbServers was not at fault for serving this DMCA notification to you or for encouraging you to either have the content removed or have your client guarantee that the content was not there (either they could not find it or they actually removed it).

The other option we had, which we would have been given safe harbor for doing so, is to simply disconnect the server. Instead we gave you the opportunity to remove the content yourself or have your client remove the content. I serve anywhere from 0 to 6 DMCA notifications per week and have never had this much trouble trying to get a customer, or their customer, to either remove the content or at least state that it was not on the server without actually having to admit it was there in the first place. No one is trying to place blame or defame anyone.

From Title 17 Chapter 5 Section 512:
Quote:
(f) Misrepresentations.— Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
The entity filing the notification that was served to you truly believed that the content was hosted on that server so much that they filed it despite the section above. Had they purposely misrepresented the notification they would have opened themselves up to liability. I doubt anyone would file a DMCA notification and purposely misrepresent themselves in order to make themselves liable for damages.

All that we asked you to do was to have your customer either remove the content or otherwise state that it was not there so the notifying party could close the issue. Acknowleding the notification and stating that the content is not on the server is not an admission of guilt. Your customer may have told you that the content was never there in order to protect themselves or perhaps it had already been deleted before they checked.

Please, I urge you, to be come familiar with the DMCA. Specificaly Title II which is what directly applies to you and your clients.
The site wikipedia.org has a lot of well written information on the DMCA.

  #6  
Old 04-25-2006, 02:47 PM
lstewart lstewart is offline
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Join Date: Jul 2003
Posts: 5
Quote:
Originally Posted by Commit1 Anthony
Clients should definitely be warned before having their server shutdown.. we find it very unethical and unprofessional to do so. However if the server is being a threat to the network, datacenters will be sometimes forced to do so.
For the record, this particular person attempting to 'blast us in a public forum' was given 36 hours to reply for each unique DMCA notification sent and then we updated them again and gave another 6 hours before disconnecting the server. All of the DMCA notifications were unique and from various copyright holders but all pointing to IP addresses on one server.

All we require is that the server/account owner passes the issue to their client and they state that the content was removed or is not there for whatever reason.

  #7  
Old 04-25-2006, 04:06 PM
Websy Websy is offline
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Join Date: Apr 2006
Posts: 1
So midnight, let me get this straight. You or your client didn't actually respond to the DMCA complaints that were forwarded to you by SuperbServers? You understand that SuperbServers has a legal obligation to merely forward the complaints. They haven't filed the complaint against you or your client, so where is the defamation? I see none here.

You are very lucky you were given 42 hours to respond to these complaints as legally, they can shut you/your client down without notice as they are required by law to be expeditious.

From the DMCA:

Upon receiving proper notification of claimed infringement, the provider must expeditiously take down or block access to the material.

Seems Superb's response to this matter has been accurate and frankly, very lenient. You should be so lucky to find a webhosting company willing to give you this much time to rectify DMCA complaints given the severity of the liability involved.

  #8  
Old 04-25-2006, 04:55 PM
midnight midnight is offline
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Join Date: Oct 2001
Location: United States
Posts: 203
Folks, don't be fooled by Websy . He is disguising. He works for superb. Just see, he registered today on WHT. They are trying to do damage control. My clients has responded several times that there no copywright contents on his server. I just do not feel it necessary to post my client's response here. He even asked them to login to hios server and download any copywright materials they see there. They refused. Instead, they asked me to pay $100 to $200 to login to my server to do that. I refused.
They are forcing me to accept that there are copywright materials on the server. They said I should just replied to their ticket and say I will remove the content. How can you remove something that is not present? That is rediculous. I cannot accept to remove something that I could not find. My client has denied any copyright content present. If they are saying the truth, why are they afraid to login to the server and look. They have to charge me to verify their claim.
Their customer service is poor...poor. One of their folks was talking to me today and said he does not care about my client. I was trying to explain to him that my client said there is no content of that nature on his server. This dude told me he does not care about my client. My client pays me and I pay them. So if he said he does not care, then that tells a lot about how this company is run.
I do not want to disclose their true identity unless if I am forced to do that. I have asked them to issue me a prorated refund as I have just paid for the server recently.
I am not going to start a war or words here with this company. I am just letting folks here know what my ordeal is with this company. Thank God WHT is here to vent our feelings. I am done with this issue. I am just waiting for them to issue me my refund. They can give all kind of excuses here, but the bottiom line is..I will not advise myself to do business with them anymore.


Last edited by midnight; 04-25-2006 at 05:01 PM.
  #9  
Old 04-25-2006, 07:18 PM
midnight midnight is offline
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Join Date: Oct 2001
Location: United States
Posts: 203
Just an update:
The issue has been resolved. As I was talking to one of their support guy, it appears there is a mis-understanding. Several tickets were opened which appears to be the same issue. I was responding to few of the tickets thinking they are all the same not knowing they are different tickets. As I was told when talking to them, because few of the tickets I did not responded to caused them to turn the server off.
Anyway, my server is back up and I am definately happy with the way the issue was resolved. I was able to personally talked with them and we realized there was a mis-understanding. Don't get me wrong, I was happy with their services until this mis-understanding. There uptime is good. I only hope we can both communicate better next time. I am going to ask the Mods to close this thread as the issue has been resolved and I am happy so is my clients.

  #10  
Old 04-26-2006, 12:06 PM
SoftWareRevue SoftWareRevue is offline
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Join Date: Jun 2001
Location: Kalamazoo
Posts: 32,428
Quote:
Originally Posted by midnight
... I am going to ask the Mods to close this thread as the issue has been resolved and I am happy so is my clients.
And closed.

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