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  1. #1

    Thumbs down Tailor Made Servers [Fair to Terminate?]

    Alright so heres what happened.. I host a few websites charging a fair price for each website hosted through me. I used a automated web host creator. So, I really do not know what each website is doing entirely. I only check the server if there is an issue or have a tech do it for me.

    So the problem started about 2-3 days ago. My server went down and I was phoned by a friend that asked what was going on. So when I got home I logged onto AIM to talk to Jose about the issue. He simply told me that, that there was a website hosting warez. I looked it up and that server was a reseller on my server. So I suspended the account and I believed everything was okay. Jose gave me a warning telling me that if any other account that was found would result in permanant cancellation of account. So I opted in and though it would be fine.

    One day later, around 10:45PM Pacific the server goes offline while I was doing some updating. What exactly was going on this time? That was what I was wondering. Well, supposedly there was another website on this server that was hosted under that reseller and basically now everything is disabled and there is no way to get any of the files on that server back. My course project was on that server as well. I asked if I could atleast back those files up. The answer was no and basically I am serverless and will most likely be failing >_<

    So what are your thoughts on this?

  2. #2
    Join Date
    Nov 2002
    Chicago IL
    Do not know both sides of the story, maybe a rep of tailor made might respond.

    I can feel you though, if you honestly tried your best to prevent abuse and you were not involved with the serving of the warez i would ask them to atleast put your server up for a short period of time to d/l your files if they are really critical. I think in general you can kind of gauge peoples intentions based upon reactions and history and i think it is fair to give a person access to there files in the event you will be cancelling them for TOS/AUP reasons.

    Good Luck
    Dedicated Servers + Cloud Servers + Colocation + DDOS Protection + IP Transit with FCP optimized routing
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  3. #3
    Join Date
    Jun 2003
    It sucks but I'm afraid from what you are saying I'm going to have to side with TMS. As you are running the server it is ultimately your responsibility to check the content on the server and if you removed one warez site, but still offer auto account creation its not hugely surprising that another one will pop straight back up. This is why automatic signups can be bad

    Did you take any steps after the 1st report to automatically check out new signups?

    For the refusal to give backups the underlying issues for hosts is that say there is copyrighted material on your server, in this case quite possible, if they then give you this data they can be held responsible for distributing and could be prosecuted.

    Also why didn't you have a local backup of your data? What would of happened if the hard disk failed?
    Russ Foster - Industry Curmudgeon

  4. #4
    I did look into checking the server that night but there was nothing relative to "warez." I searched for zip/rar files that might indicate any illegal file sharing. However, I did not find anything of that sort. I'm guessing I must have missed some warez or they resigned up. Along with that I'm not trying to blame TMS for what they did. I just believe that they would atleast let me get my files back. I don't see why ports 21/80 could not be blocked and then allowing me to atleast recover my data in another matter.

  5. #5
    Join Date
    May 2004
    Toronto, Canada
    I am going to side with TMS as well.

    First of all they have a good reputation so I doubt that they would act in haste.

    Second and more importantly, you were warned about additional sites on there. I would have taken at least 1 backup asap knowing that you dodged a bullet there.

    Third you should have made backups offsite (sorry).

    Fourth automatic signups are a very bad idea.

    While I do feel for you given that this wasn't your fault, directly you do share some of the blame for all those points above. Honestly see if you can work something out with Jose but if this is a resold box it is possibly out of his hands as well.

  6. #6
    Join Date
    Nov 2005
    Minneapolis, MN
    I can understand Jose not putting the server back online. You're catching flack because of the actions of one of your resellers, and Jose is likely catching flack from his transit providers because of the activities taking place on your server.

    If you ask you might be able to purchase and ship the drive from the server to be able to recover your data. Of course, if legal action was threatened due to copyright material then he may have to hang on to the drive as it could become evidence.
    Eric Spaeth
    Enterprise Network Engineer :: Hosting Hobbyist :: Master of Procrastination
    "The really cool thing about facts is they remain true regardless of who states them."

  7. #7
    Heres the thing though. The server hosted no warez. There were a few websites that linked to warez resulting in a cancellation of the server.

  8. #8
    Join Date
    Oct 2005
    Quote Originally Posted by SAHDave
    Heres the thing though. The server hosted no warez. There were a few websites that linked to warez resulting in a cancellation of the server.
    Touchy subject ... You should ask before you do any business if this is OKAY in their terms because in the past (YES) copyright studios/lawyers have contacted to "threat" with a lawsuit if links are not down. After all I think every TOS/AUP of servers say "They have a right to shutdown any server for any reason" look for that in their page, if they do then what you said can be one of them or just because they felt like it.

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