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Fines in TOS for spam and chargebacks
I notice a lot of VPS providers give themselves permission in their TOS to impose fines for spamming, chargebacks and/or other things. I would guess this would be something that might become an issue if an IP address they assign to you winds up on some DNSBL list, but the exact details are never spelled out. Now, I intend to do everything in my power to keep spam out of my system, and certainly don't expect to originate any, but when I sign up with a new VPS provider, it occurs to me that neither of us has any track record with each other and I have no idea how fair the provider might be with trying to impose such a charge.
Bottom line: While I would try working with the provider first, if a deal truly goes bad and I'm forced to take action with my CC provider to reverse what I consider to be a bogus charge, what leverage does a VPS provider have to make such charges stick besides yanking any servers I might have with them? Has anyone had a deal go bad this way, and what was the outcome? Inquiring minds want to know!
Comments
Unfortunately, many spammers get away with chargebacks.
For some reason Paypal likes spammers and their banks issue chargebacks without any recourse while Paypal does not want to complicate it's life, therefore the providers pay for the spammer.
This is Paypal's fault, mainly. They take their fees for chargebacks and are happy with it, why change anything ?
I'm certain that the provider could be lenient on the "spam charges" so long as you aren't the identified source of the spam. In other words, I feel as if you can't really be responsible if you didn't press the "Go" button yourself. It's a shame that some providers just impose the charge without taking the time to know who you are so they know that it wouldn't be something that you'd willingly do on your server.
@topcat has raised a very interesting point here. Given the legal definition of Spam, as opposed to what is perceived as Spam by each individual/provider and their acting on this perception, opening this door in TOS is dangerous ground - for the provider. Add to this that definition of Spam differs from jurisdiction to jurisdiction plus, as @topcat has correctly pointed out, the "offending" IP address is on loan to the client, who may dispute responsibility on the grounds described by @topcat. And last but not least, the organizations involved in blacklisting offenders usually do so based on angry recipients' complaints, which, more often than not, have very little to do with the legal definition od Spam. Any action taken by the provider based on their TOS may lead to a truckload of legal complications should the perceived offender (who may well not be an offender, subject to difference in interpretation) decide to go after the provider for damages.
Meh, I just re did our tos... that free terms of service generator by webmasters cavern that I used before, am I'm sure many here used, seems pretty crappy
This. Some providers might take chance and try grab any extra fee they can but I'm sure most will give you time to clean the IPs yourself if you didn't actually send the spam yourself. Eg. cPanel hosting and someone else did and so on.