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Opinions on this 'TOS' - Page 2
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Opinions on this 'TOS'

2

Comments

  • mkshmksh Member
    edited February 2018

    The quiz idea sounds good.

    • Do you need IPv4: Yes [ ] No [ ] Maybe [ ] Potato [ ]
    • What is NAT: North American Telecom [ ] A Processor [ ] Network Address Translation [ ] None Of The Above [ ]
    • Is Starbucks coffee too expensive: Yes [ ] No [ ] Allright [ ] No Hablas Espanol [ ]
    • What happens to your money when you buy: Investment [ ] No Idea [ ] It's Gone [ ] Chargeback [ ]
    • Server is slow: Open Ticket [ ] You Cry [ ] Open Dispute [ ] Call The Police [ ]
    • ...

    Also be sure to have your script mark the order as fraud after a second wrong guessing attempt.

    Thanked by 2willie uptime
  • AnthonySmithAnthonySmith Member, Patron Provider

    willie said: @AnthonySmith has plenty of experience with this from hosting LowEndSpirit servers. To rent one of those you have to check 5 separate boxes on the order form indicating that you understand each point. It doesn't help.

    Well, It helps sort of, although I wonder how much, the densest people just tick them anyway in a quest for the next button.

    Thanked by 1Ole_Juul
  • SplitIceSplitIce Member, Host Rep

    @jarland said:
    Each order must be approved by video chat, during which their agreement with these terms will be recorded. They must briefly undress during the chat so that the video can be used against them if they ask for a refund.

    Strip4Host

    Thanked by 1jar
  • SplitIce said: Strip4Host

    >

    .

    jarland said: Each order must be approved by video chat, during which their agreement with these terms will be recorded. They must briefly undress during the chat so that the video can be used against them if they ask for a refund.

    >

    https://www.theguardian.com/world/2016/jun/15/chinas-naked-loans-force-female-students-to-bare-all-in-return-for-more-cash

    https://www.washingtonpost.com/news/worldviews/wp/2016/06/16/loan-sharks-in-china-offer-student-loans-for-nude-photos-giving-new-meaning-to-naked-greed

  • There's people complaining that they can get direct China routes for $6.50/yr??? This stuff is extremely expensive...

    @FAT32 some people just don't care what the TOS reads. PayPal dispute = refund button to them.

  • randvegetarandvegeta Member, Host Rep
    edited February 2018

    Edmond said: There's people complaining that they can get direct China routes for $6.50/yr??? This stuff is extremely expensive...

    Damn right it's cheap!

    Edmond said: @FAT32 some people just don't care what the TOS reads. PayPal dispute = refund button to them.

    Sadly also true.

    It's amazing how many people have disputed the payment because of 'poor' speeds. Even though speeds average at about 20Mbit, and latency within China is less than 50ms.

    Half the time it's because they don't understand the difference between MB/s and Mbit/s. Most test scripts display speeds in Mbytes, not Mbits, and they think it's slow. Though I maintain that if you're pulling even 1Mbit to China for $6.50 /year, it's still a damn bargain. Hell, if it's $6.50 /month, it's still a bargain!

  • fkjfkj Member
    edited February 2018

    randvegeta said: A country where 1 square meter of space cost over US$20,000 to buy, and 1Mbit of CN2 bandwidth cost $150 /month.

    Well here we come again to the most basic point of the question. Hong Kong is a city. :)

    Plus, the rural area of HK aka. the countryside is quite cheap, but sadly you won't find datacenter there.

    To the topic, I believe the only way to handle these situations is to respond to every chargeback with enough evidence and let PayPal decide. This is a huge human cost but yes, you won't find a better way unless you use some unchangebackable gateway like Alipay.

    Also, had to point out, other than the TOS is in English, the reason Chinese people ignore TOS is quite simple - CULTURE DIFFERENCE - there is no western-TOS-equivalence concept in the Chinese culture. Chinese culture judges the function of a product as what a reasonably educated man believes the product should do. A TOS can even be pronounced invalid by a court if it believes that reasonably educated would believe part of it is unreasonable. E.g. in China, you can still participate in a class action even if the TOS of the product you used said you give up the right to join a class action against the company. This culture different is, I believe, the main issue here, as people doesn't familiar with the western culture or credit society tend to believe the function of VPS should match what their understanding of a VPS ("what a reasonably educated man believes the product should do"), and when it's under their expectation, they can demand a refund. So in all, this is really a deadlock.

  • randvegetarandvegeta Member, Host Rep

    fkj said: Well here we come again to the most basic point of the question. Hong Kong is a city. :)

    It's a city but also a country. Technically part of China, yes, but we have our own laws, currency, language. There is more distinction between Hong Kong and China than there are between some EU members. We even have our own passports.

    fkj said: Plus, the rural area of HK aka. the countryside is quite cheap, but sadly you won't find datacenter there.

    Patently untrue. There is no such thing as cheap land in Hong Kong, and the vast majority of people have 0 access to actual land. Apartments and housing in the New Territories and Lantau are indeed cheaper than on Hong Kong Island, but it's still damned expensive. $20,000 /sqr meter is not the maximum price. That's not that the price of luxury apartments. That's pretty much the average price across HK today. Cheapest new builds today are mostly in places like Yeun Long. IMO, it's not a nice place to be or live, but even here, prices are over $10,000 /sqr meter.

    There is no such thing as cheap property in HK. The CHEAPEST CHEAPEST property you will ever find in HK is somwhere called Sea Ranch .

    Only at Sea Ranch will you find property for under US$400,000, and sizes that even westerners would fine spacious. But this place has no road access, and requires 2 ferry rides to reach the City. No shops, and no access to broadband. Most of the apartments here are empty and the clubhouse is completely abandoned. But to live in such a place would still cost you over US$300K. So I maintain there is no such thing as cheap property in Hong Kong.

  • randvegeta said: It's a city but also a country. Technically part of China, yes, but we have our own laws, currency, language.

    Aha yes, the word country, is indeed originally different than state/sovereign. But anyway, Chinese are now altering the meaning of country to refer to state, so the safest way is city or region. As whether we can use country on HK anymore, it's up to the linguists.

    Yes, I was referring to Lantau Islands, that was pretty damn cheap compared to the city part, I even considered renting a house in Lantau, putting up some solar panel and start hosting myself years ago.

  • So you wanna downplay their expectations? Label it as 0.00% uptime, 0 Mbit/s, 0 IP addresses, and 0 refund. Put the real spec in fine print, hide them deep in the ToS.

  • I could help you to translate it into Chinese if you need, but I need to point out that there are some people, or plenty of them buying it for proxy (vpn/shadow socks/etc). It is better to have the limit speed to each nat vps or it would be a huge mess.

  • @randvegeta said:
    ... Under no circumstances do we consider offering a refund. We realize this to be an 'unreasonable' policy, but

    This might be problematic and create trouble in some jurisdictions. Better: "Some might consider this as unreasonable ...".

    Also you might want to specify/limit it better like "...refund based on problems caused by hardware failing".

    ... performance to be blazing fast (or any minimum level of performance)? Do you want to get your money back if your server is down for a long periods of time? Do you need help running and using your VPS? ...

    Careful there! You don't sell lottery tickets but a service.

    Generally one should be careful to avoid the trap of saying thing that can be reasonably interpreted as either "I don't care about the laws. What I say is the law here" or as "customer/client has no rights".

    I think it would be better to say something like "SLA? Guaranteed 1%, typically around 80% annually", "Hardware replacement time: guaranteed 1 year, typically 'couple of days'", "We speak english only. Please, keep that in mind".

    Thanked by 1Ole_Juul
  • randvegetarandvegeta Member, Host Rep

    bsdguy said: I think it would be better to say something like "SLA? Guaranteed 1%, typically around 80% annually", "Hardware replacement time: guaranteed 1 year, typically 'couple of days'", "We speak english only. Please, keep that in mind".

    Ahh this is good stuff. 80% uptime is terrible and yet the terms sound much more reasonable :-).

    I'll definitely incorporate this literary gold!

  • raindog308raindog308 Administrator, Veteran

    You could shorten this TOS significantly:

    "We accept BTC only"

    Thanked by 1randvegeta
  • @mksh
    But what if I want potatoes with all my answers?

    On a real note, I recommend being a tad brief. If it is briefer than I think their is a higher chance of being read.

  • @hammer said:
    @mksh
    But what if I want potatoes with all my answers?

    Don't even think about it.

  • randvegetarandvegeta Member, Host Rep

    hammer said: On a real note, I recommend being a tad brief. If it is briefer than I think their is a higher chance of being read.

    You'd think having a statement like, NO REFUNDS! is brief enough.

    Maybe the short version should be.. You agree to give us money in exchange for a confirmation E-Mail, and nothing more.

  • @randvegeta
    Yes, in the digital age attention span is short.
    But looking on your TOS again, it didn't take that long for my screen reader to read it. Glad you didn't just take a screen shot.

  • linijuzojlinijuzoj Member
    edited February 2018

    https://0bin.net/paste/ZWQGebw1OuQCh6qm#w-iXlvBF0LoCbdiicAb9sGfruUbjyukevsKwk0TW6i/

    I did a chinese translate, for a practice. Good luck.
    And I wish you take the money, then shut down them VPS. XD

    No guarantees is no guarantees. Which means like that: You are server owner, you don't like he did, you kick him.

    You sure that kind of things won't happened on the client which he rented your vps for a year?

    Sort of like bitcoin mining, proxy, scanning network, scrap some webpage, bittorrenting, DDOS?

  • fkj said: Also, had to point out, other than the TOS is in English, the reason Chinese people ignore TOS is quite simple - CULTURE DIFFERENCE - there is no western-TOS-equivalence concept in the Chinese culture.

    Well in western culture TOS is not just a document. "Terms" can also be functionality and could be delineated right at the front.

    Chinese culture judges the function of a product as what a reasonably educated man believes the product should do.

    That is the same in the West. So in this case the OP could aim at communicating what a "reasonably educated" person needs to know about the product.

  • @randvegeta well from what I heard, Alipay chargebacks are hard for the customer to do, so have you tried just restricting traffic from China to crypto and Alipay and other stuff like Wechat money?

  • Maybe this is kindof offtopic, would it be a good idea to block Youtube traffic on NODE side and STATE it in the TOS and order form? Many HK Nat vps buyers trying to use it for watching youtube video, which I thought is ridiculous, considering there're so many users sharing the extremely limited BW.

  • Hongkong to china network speed is slow and expensive. Market competition so, you are not in a monopoly position, you can only adapt to market demand rather than you ask the buyer. We're serving a US publicly traded company, giving prices that are very low or even below cost, but we still find solutions and complaining is useless. Only how to let others know why you are more expensive than others, and the gap is acceptable and reasonable.I believe purchasing power from China occupies the market first place.I offer differentiated operations and different sales strategies for different target groups rather than driving customers off you.I think you should better learn advanced marketing and psychology.

  • randvegetarandvegeta Member, Host Rep

    liuxyon said: Hongkong to china network speed is slow

    Rubbish. HK has some of the best connectivty to China in the world. It's the go to place to get good performance in China and the rest of the world. You just have to be willing to pay for it.

    liuxyon said: and expensive

    Blame China Telecom for that. Nothing anyone can do about the rates set in China.

    liuxyon said: Only how to let others know why you are more expensive than others, and the gap is acceptable and reasonable.

    No idea what you're referring to here.

    liuxyon said: I think you should better learn advanced marketing and psychology.

    Again, no idea what you're getting at here.

    Thanked by 1Aidan
  • randvegetarandvegeta Member, Host Rep

    xNEO said: Maybe this is kindof offtopic, would it be a good idea to block Youtube traffic on NODE side and STATE it in the TOS and order form? Many HK Nat vps buyers trying to use it for watching youtube video, which I thought is ridiculous, considering there're so many users sharing the extremely limited BW.

    I don't think it is necessary. Surprisingly, the bandwidth usage is actually quite low. I believe most people are using it as a private VPN, but not for streaming videos. Average traffic usage is maybe a couple hundred kbit per VPS.

  • @randvegeta said:

    xNEO said: Maybe this is kindof offtopic, would it be a good idea to block Youtube traffic on NODE side and STATE it in the TOS and order form? Many HK Nat vps buyers trying to use it for watching youtube video, which I thought is ridiculous, considering there're so many users sharing the extremely limited BW.

    I don't think it is necessary. Surprisingly, the bandwidth usage is actually quite low. I believe most people are using it as a private VPN, but not for streaming videos. Average traffic usage is maybe a couple hundred kbit per VPS.

    For every person streaming youtube 24/7 there will 5 idlers to make up for it.

    Thanked by 1Aidan
  • randvegetarandvegeta Member, Host Rep

    mksh said: For every person streaming youtube 24/7 there will 5 idlers to make up for it.

    I doubt anyone is streaming Youtube to be honest.

  • You can see more Chinese are purchased from Europe and the United States.
    You do not understand the situation in China at all. Due to political and economic reasons, the bandwidth to Hong Kong is very small, so it is very expensive. Not at all competitive.

    @randvegeta said:

    liuxyon said: Hongkong to china network speed is slow

    Rubbish. HK has some of the best connectivty to China in the world. It's the go to place to get good performance in China and the rest of the world. You just have to be willing to pay for it.

    liuxyon said: and expensive

    Blame China Telecom for that. Nothing anyone can do about the rates set in China.

    liuxyon said: Only how to let others know why you are more expensive than others, and the gap is acceptable and reasonable.

    No idea what you're referring to here.

    liuxyon said: I think you should better learn advanced marketing and psychology.

    Again, no idea what you're getting at here.

  • Hong Kong's bandwidth has nothing to do with the tax rate.Some of us are there for senior management.More for political reasons.

  • muffinmuffin Member
    edited February 2018

    @liuxyon said:
    Hong Kong's bandwidth has nothing to do with the tax rate.Some of us are there for senior management.More for political reasons.

    And again, no idea what you are getting at here.

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