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we got two last month, DMCA take down notice.
Resource abuse is generally what you would justify the termination over if it was out of hand and didn't involve a DMCA. Less experienced hosts have a tendency to forget to justify their actions by their agreements, but their agreements should always have room to justify a termination if a client was needlessly causing problems for others. You try to be as specific as you can but generic and vague terminology works better because you can't go revising your AUP every time someone comes up with a new trendy way to slam the server. Be generic, future proof your TOS.
At the end of the day it's not about how specific your TOS was, it's about whether you care about your legitimate users and recognize intent of abusers. The user knows damn well if they have intent on taking more than their fair share quite often, and in such cases should have no leg to stand on. Finding a TOS loophole doesn't excuse someone from being a dick, nor should it.
Update on the situation. AzzaVPS just sent me a ticket response and offered me a full refund on my most recent payment (which is also my first payment).
I did not ask for a refund, they offered it to me unsolicited, so that was good of them. Maybe they saw this thread, I don't know. I will update once again when the refund is actually processed.
I'm jealous. My 2 servers with them (both in Buffalo, on node "node60") have been down for at least a full day, and I have gotten no response to the ticket I posted 12 hours ago.
I feel for you brother. That ticket response was from a ticket from 3 days ago, so it's not like they're fast in responding with me. When I said unsolicited, the offer to give a refund was unsolicited, not the ticket itself.
Are your servers offline because they're suspended? What does it say on your user area?
To my mind Tor is not torrenting anyway. Tor is used by pains-in-the-arse file sharers clogging what is a valuable resource for oppressed and censored people.
When the payment was accepted the contract was set on the conditions of the contract at that time which in Robjud's and mine did not include Tor.
Tor is usually ruled out specifically because of lazy thinking. It is not the same at all to run a relay of encrypted Tor traffic as it is to run an exit out to the greater internet thus the vulnerability to DMCA notices.
The Tor configuration file can have in it a very large exclusion list to really minimumise any hassle to anybody and the proof is that those who allow Tor exits don't generally have problems.
It is the USA legal mess which is the major problem.
I've lost my money too due shonky operators. I can't get the user are to answer.
Tor is important so I'll look for operators without spine problems.
Robert