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09-22-2009, 06:16 AM #26Web Hosting Master
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First off, never threaten legal action without researching it. Suing a host for lost files is basically impossible, a few years ago I tried the same thing with GoDaddy for a backup from a dedicated server that had a lot of customer information I had on it, the only reason I won in arbitration was due to all the credit card numbers contained in this file.
Second, HostLaunch, as with you, do not threaten to speak with lawyers even though you have none. Don't tell a client that your lawyers can talk with their lawyers. If you had any, you would have posted "Our lawyers are handling this situation" and that would have been you only action from then out. But you are continuing to let your back end show. You actually opened yourself up for a pretty legit lawsuit when doing so.
Also I can tell you have no legal backing what so ever by your TOS and your TOS alone.
Third, master reseller, enough said.
Fourth, unlimited disk space and bandwidth, enough said.
techwacky, if you require legal advice on this matter, contact your friend or a lawyer for a free consult, but I see it going no where in a court room. Just post your review in other forums and sites.I'm part of the Chicago Breast Cancer 3 Day!
Because Everyone Deserves a Lifetime.
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09-22-2009, 07:52 AM #27Brian King of LLAMEDOS
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There's nothing wrong with being a new venture.
My 2cents worth:
OP: there's no such thing as a 'free lunch',
and backing up is always 'worthwhile' and your responsability.
HL: Reflect on this situation, would it not have been 'wiser' to provide the OP with his 'back up' FOC, then politely request he finds more suitable hosting for his requirements from an alternative source ?
The current situations just makes both parties look like 'silly billies'._____________________________________________________________
- There are many types of Marmalade -
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09-22-2009, 10:00 AM #28Disabled
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Hello,
Yes, our main website server is hosted on a gnax server. However, it is a good practice to host your main hosting site on a different server than the shared hosting server that customers use.
hosting1.hostlatch.net is 96.31.92.185 please try a trace on that. We rent a dedicated server from Hivelocity and have root access, meaning we're not resellers.
Code:Hop (ms) (ms) (ms) IP Address Host name 1 27 27 13 206.123.69.141 - 2 9 19 11 8.9.232.73 xe-5-3-0.edge3.dallas1.level3.net 3 13 8 19 4.69.145.198 ae-44-90.car4.dallas1.level3.net 4 10 10 7 64.208.110.205 - 5 48 51 55 64.214.147.222 wbs-connect-llc.ae0.409.ar2.tpa1.gblx.net 6 79 99 36 69.46.31.106 trans3.hivelocity.net 7 42 34 34 96.31.92.185 hosting1.hostlatch.net Trace complete
Last edited by VL-Adam; 09-22-2009 at 10:03 AM.
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09-22-2009, 10:57 AM #29Junior Guru
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09-22-2009, 02:49 PM #30Web Hosting Master
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09-22-2009, 03:26 PM #31Disabled
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Yes but I guess you're less of a reseller if you own your hardware (colocation), or if you lease your servers from an upstream provider. Bottom line is, you're still reselling resources it just comes down to what and how much of the resources you're reselling for revenue. With that being said, there's nothing wrong with being a reseller.
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09-22-2009, 03:31 PM #32Disabled
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Your biggest mistake was using digitalpoint.
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09-22-2009, 03:43 PM #33Junior Guru
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09-22-2009, 03:46 PM #34Private Citizen
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Even Data Centers are Resellers... Resellers of Bandwidth, Power, even the space that they occupy was bought from somebody else (land). That's called business, its only a problem if somebody is not doing what they are supposed to be doing.
In my mind a reseller in terms of shared hosting would be operating your own server vs using somebody's server resources that they manage. That also just sparked a thought about fully managed servers. That technically also makes you a reseller right?
Oh well my mind is wandering off, and yeah, DP...
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09-22-2009, 04:29 PM #35Web Hosting Industry Expert
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It's not a surprise - I watch DP to see what silly things are going on but I've stopped posting there long ago.
There's nothing you can do besides realizing that you should keep your own backups off-server.
Ok.
Do you provide a way for the end user to view their CPU usage? If so then perhaps shame on them but if you don't then how are they supposed to "watch his CPU usage" ??? Did you provide the person any evidence as to what script/activity was using so much CPU?
So suspend them for a final time and give them a backup and ask them to move on their merry way. You've caused more of a headache and a huge public relations issue for yourself by not just giving him his backup and allowing him to move on with his life. Just think - had you handed over the backup you very well may not have been here having to respond to this thread at all.
You may think it's a small price to pay but if the OP wanted to they could post this up on every forum and review site they can find - probably more than you could find to try and refute it on.
It's really sad that you have to rely on a $10 fee for backups... If a client is repetitively requesting backups then I could see charging them a fee but when you suspend the person and give them no choice but to move to another provider you should at the least provide them a backup unless they have illegal content (warez, child porn, etc).
So you can arbitrarily suspend people without any evidence and then charge them a fee to re-activate their account...
I do wonder what you would do if a lawyer actually did contact you requesting the contact information of your lawyer. I sense a smoke screen but who knows - maybe you do have one although after 7 months in business and looking at your silly Terms of Service I highly doubt you've even consulted with a lawyer much less have one on retainer.
Hogwash, I've never seen this particular plugin use large amounts of CPU under any circumstances. This just helps to show that you are arbitrarily suspending accounts (unless you wish to provide evidence otherwise).
Post evidence of this over-usage? And don't tell me it's gone because in WHM you can go to CPU/MySQL usage and go back day by day for quite some time.
His wordpress site that you suspended is pushing terabytes of terabytes of terabytes of data??? Or did you suspend the wrong account???
I wouldn't think that the screenshot would include any privileged information besides maybe their account user name or home directory path - which either could reasonably be guessed knowing the domain name.
7 months isn't a very long time - you haven't even filed your taxes once... I hope that you are setting money aside to pay the federal government?
I'm sure that the company that maintains those records is out to get you as well...
I still don't understand - you say he was suspended for CPU usage and the usage was because he was pushing terabytes and terabytes of data but you suspended a one post wordpress blog ... so which account was pushing the terabytes - was it the wordpress blog? If not why did you suspend the blog?
Hahahaha, no.
I'd show them evidence to back the claims up and tell them what their options were to handle the situation - either remedying the CPU usage or upgrading to a plan that would support the usage.
Not unless they were causing severe server stability issues in which case they would be suspended while we investigated however we would provide them with any and all evidence so that they can know what is happening and why. Also - should we suspend them and they need to upgrade and choose not to we would not keep them from obtaining a backup.
I've never in all of my years of web hosting experience seen the WordPress all-in-one SEO pack cause wordpress to use any more CPU than a standard wordpress installation would use.
Gross generalization imho - if this were true nobody would be running wordpress on a shared server with any plugins.
There is confidential information in these screen shots?
Probably a good idea
Everybody resells on some level be it the server hardware, the connection, the power, the space, etc... That is how business works - one business provides a service or product to another as one step of their process. As an example most companies that manufacture things do not do 100% of it in-house... Raw materials are turned into intermediate goods by manufacturers and then other manufacturers turn those intermediate goods into finished goods - it's basically the same idea with servers and hosting.
I'd provide them with the evidence and then allow them to either upgrade to a service that would allow them to use what they wanted or provide them with a backup and ask that they moved along should they not wish to upgrade. Under no circumstances that you've stated would I hold their backup hostage and I wouldn't charge them a fee for it either.
True - and even the data center itself is a reseller of it's utilities and connections.
Even ThePlanet is a reseller of their utilities (power) and their connections to the internet. Many choose not to see things this way but it's the reality.
I have to agree.
Which hosts would those be? Some of the larger providers do and some of them don't. HostGator actually leases everything from ThePlanet where as other providers choose to build out their own facilities which costs millions of dollars.
Very very true and well said.
I think most only consider somebody on a "reseller plan" a reseller but in reality I don't know any hosting provider that isn't a reseller on one level or another.█ Michael Denney - MDDHosting.com - Proudly hosting more than 37,700 websites since 2007.
█ Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
█ cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
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09-22-2009, 04:32 PM #36Private Citizen
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09-22-2009, 04:38 PM #37Web Hosting Master
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The multi-quote master returns! This one has to be a record, Mike.
Thank you for your statement on the AIO SEO lie. If HostLatch's statement were true then I would have been dropped by my blog's host ages ago. Something doesn't add up with what you are saying, HostLatch and as the Monday Night Football pre-game shtick segment goes.
'C'Mon Man!'
I've browsed DP a handful of times and one of those times was to see what debacle rose out of the VPS offering you had which was an obvious attempt to rake in a few handfuls of cash by offering something you logistically could not deliver. Everything about your "company", from your posts here to your half-assed website to your unlimited offers screams "scam". I wish you could be honest and man up here about what's really going on here.
*looks for "BS Flag" icon*
DaveLast edited by db09; 09-22-2009 at 04:44 PM.
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09-22-2009, 05:03 PM #38WHT Addict
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Here is the screenshot file i got from hostlatch:
http://i37.tinypic.com/33djxbt.png
i still can't believe that one post blog with one AIO-SEO plugin can make that cpu high.
even its that high, i said him if you can't host me thn give me the backup of my site so i will put the site on my vps. but no he didn't gave me and made straight termination. Is this what web hoster's nature??TechWacky - The Social Tech Guide - HERE
(¯ Currently operate servers with: Wholesale Internet, EvoSwitch, DataShack
_) Previous servers: Limestone Networks, RapidSwitch, Poundhost, TailorMadeServers, JoesDC
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09-22-2009, 05:11 PM #39Web Hosting Master
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Something doesn't add up here. You say you had a blog with one post, he says you were pushing terabytes upon terabytes of data from the domain.
Last edited by db09; 09-22-2009 at 05:17 PM.
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09-22-2009, 05:11 PM #40WHT Addict
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the nameserver i was in:
ns1.hostlatch.net
ns2.hostlatch.net
ip: 96.31.92.185
i have done a reverse ip and here is the result:
122 Hosts on this IP
most of the sites are proxy sites.
here: http://www.ip-adress.com/reverse_ip/96.31.92.185
too bad that they do proxy hosting on a shared hosting server.TechWacky - The Social Tech Guide - HERE
(¯ Currently operate servers with: Wholesale Internet, EvoSwitch, DataShack
_) Previous servers: Limestone Networks, RapidSwitch, Poundhost, TailorMadeServers, JoesDC
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09-22-2009, 05:33 PM #41Web Hosting Master
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Did you have *any* other files on the account aside from the one-post wordpress blog? I'm just trying to figure out where this "terabytes and terabytes of bandwidth" statement is coming from.
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09-22-2009, 05:34 PM #42Web Hosting Industry Expert
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█ Michael Denney - MDDHosting.com - Proudly hosting more than 37,700 websites since 2007.
█ Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
█ cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
█ Class-leading support that responds in minutes, not days.
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09-22-2009, 05:39 PM #43Disabled
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More than happy to!
Post evidence of this over-usage? And don't tell me it's gone because in WHM you can go to CPU/MySQL usage and go back day by day for quite some time.
Screenshot URL: http://i38.tinypic.com/2eyddnp.jpgLast edited by VL-Adam; 09-22-2009 at 05:45 PM.
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09-22-2009, 05:47 PM #44Web Hosting Industry Expert
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You're a little late... http://i37.tinypic.com/33djxbt.png
So itunesgc.com was a blog with only 1 post or was it something else?█ Michael Denney - MDDHosting.com - Proudly hosting more than 37,700 websites since 2007.
█ Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
█ cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
█ Class-leading support that responds in minutes, not days.
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09-22-2009, 05:48 PM #45Disabled
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09-22-2009, 05:50 PM #46Web Hosting Industry Expert
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█ Michael Denney - MDDHosting.com - Proudly hosting more than 37,700 websites since 2007.
█ Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
█ cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
█ Class-leading support that responds in minutes, not days.
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09-22-2009, 06:03 PM #47Disabled
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09-22-2009, 06:06 PM #48Web Hosting Industry Expert
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Last edited by Mike - MDDHosting; 09-22-2009 at 06:12 PM. Reason: typo :)
█ Michael Denney - MDDHosting.com - Proudly hosting more than 37,700 websites since 2007.
█ Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
█ cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
█ Class-leading support that responds in minutes, not days.
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09-22-2009, 06:06 PM #49Disabled
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09-22-2009, 06:19 PM #50Web Hosting Master
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@igxhost, your just trolling, I believe that's against WHT rules.
@techwacky, thanks for that website, I will bookmark it
@MikeDVB, Couldn't you force SSL if you wanted to, even with a self-signed cert?
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