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Hetzner - Traffic Use Notice - unlimited != unlimited - Page 16
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Hetzner - Traffic Use Notice - unlimited != unlimited

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Comments

  • @ralf said: Have you even read the terms? They can cancel the contract for any reason they choose:

    Well, it does make sense that if the reason they choose to terminate is the opposite of their advertisement that would seem to be false advertising. As he said, they'd be fine if they gave no reason though.

  • ralfralf Member

    In legalese, ", without specifying any reasons" means they don't have to provide a reason, not that they cannot.

    Thanked by 1vimalware
  • @reb0rn said:
    I was also contacted for bandwidth usage and its way less then 250Tb per server, at least for me they wanted to know server use case, but I was null routed for ~4h also for no real reason other then pushing upload 2x this month then in past (use case change and I do not monitor as its unlimited)

    @ralf Now what? Still hasn't done anything wrong huh?

  • drivexdrivex Member

    I will move my stuff away too, besides my backup space. Not interested into getting booted off for some shady reason.

  • xrzxrz Member
    edited July 2022

    @reb0rn said: I was also contacted for bandwidth usage and its way less then 250Tb per server, at least for me they wanted to know server use case, but I was null routed for ~4h also for no real reason other then pushing upload 2x this month then in past (use case change and I do not monitor as its unlimited)

    like wtf? so they even contact/null route customers not just above 250TB but below 250TB ?

    "contacted for bandwidth usage", so when ordering server they should add a field "why the hell and for what the hell you need the bandwidth", oh god,

    //un.limitedTM

  • @xrz said:

    @reb0rn said: I was also contacted for bandwidth usage and its way less then 250Tb per server, at least for me they wanted to know server use case, but I was null routed for ~4h also for no real reason other then pushing upload 2x this month then in past (use case change and I do not monitor as its unlimited)

    like wtf? so they even contact/null route customers not just above 250TB but below 250TB ?

    "contacted for bandwidth usage", so when ordering server they should add a field "why the hell and for what the hell you need the bandwidth", oh god,

    //un.limitedTM

    Don't worry, someone will come and explain how they have every right to do it.

    Thanked by 2drivex TODO
  • Daniel15Daniel15 Veteran
    edited July 2022

    @adly said: . I can also see why some prefer the “unlimited” advertising as it is effectively unlimited for them, with a small percentage of people potentially resulting in a hard limit having to be enforced.

    Even if most people won't hit the limit, that's not a valid justification for referring to it as "unlimited". If a small number of people will reach the hard limit, explicitly mention that hard limit while ordering or at least in the AUP or ToS.

    I've got some clothes that I don't wear any more but are still in my wardrobe... Since I never use all my clothes before I do a load of washing, does that mean I have unlimited clothes? 🤔

    Thanked by 1drivex
  • ralfralf Member

    @serv_ee said:

    @reb0rn said:
    I was also contacted for bandwidth usage and its way less then 250Tb per server, at least for me they wanted to know server use case, but I was null routed for ~4h also for no real reason other then pushing upload 2x this month then in past (use case change and I do not monitor as its unlimited)

    @ralf Now what? Still hasn't done anything wrong huh?

    I think you'd be better off asking Judge Judy about this one.

  • adlyadly Veteran

    @serv_ee said:

    @reb0rn said:
    I was also contacted for bandwidth usage and its way less then 250Tb per server, at least for me they wanted to know server use case, but I was null routed for ~4h also for no real reason other then pushing upload 2x this month then in past (use case change and I do not monitor as its unlimited)

    @ralf Now what? Still hasn't done anything wrong huh?

    If they can provide proof, which they’ve conveniently avoided thus far, then opinions may change.

    Thanked by 2Erisa DanSummer
  • Saturating a shared network 24x7 - what could possibly go wrong /s

  • xrzxrz Member
    edited July 2022

    It was/is discussed on hetzner forum (can not confirm if still, not my screens)

    https://i.imgur.com/EdufgVa.png
    https://i.imgur.com/hz9JNEa.png

  • rustelekomrustelekom Member, Patron Provider

    Wouldn't it be better to use the term "non-metered" traffic rather than "unlimited" traffic? Or maybe "free traffic"? But i unsure on how this will right on English. On russian we can use "трафик без учёта" (means that traffic it not calculated and traffic over usage fee cannot to be apply) and "безлимитный трафик" - (equivalent to "unlimited traffic").

  • ralfralf Member

    @rustelekom said:
    Wouldn't it be better to use the term "non-metered" traffic rather than "unlimited" traffic?

    They mean different things. "non-metered" means they don't measure it at all (as per their incoming traffic), "unlimited" means that they measure it, but they don't restrict it. Their cloud VPS are all capped on outgoing, so I presume it's easier to easier to measure it for all traffic.

    So probably even though all the dedis are unlimited, it would still have shown up on some report and been obvious that a handful of users were using significantly more data than the vast majority of their users.

    Thanked by 1rustelekom
  • emgemg Veteran

    I gave up trying to read the entire thread, but I liked @jar's response on page 2.

    I like "unlimited" when it takes away the fear of high over-usage costs or fees. A good example is smartphone data plans. They are expensive and have an upper limit. When someone in our household watches videos on their phone through the normal "unlimited" WiFi internet connection, it costs us nothing. If they accidentally bypass the WiFi and find themselves using the cellular data plan to watch the videos, they can blow through the data limit and rack up over-usage costs quickly. Despite my warnings about the costs of data usage, it happened once or twice early on.

    The same was true for our internet plans. When our DSL plan introduced (read: imposed) new data caps on the same plan, we cancelled and signed up for cable internet from a different company. The cable plan was faster and offered "unlimited" data usage. We don't use much, and could have saved money, but I don't like tracking usage and worrying about unexpected overruns. There were abusers, and I remember seeing notes from the cable provider warning about excessive use by a small percentage of abusers. They went through something similar to Hetzner, and I am not sure how they dealt with it.

    When the DSL company brought fiber into our neighborhood, I was excited until I saw the outrageous prices and mandatory fees. The true deal breaker was that they kept the data cap with high overrun fees. No way for us. I do appreciate the fiber company, however. They created high speed internet competition in our area, which is rare. Most places have a single internet provider with data caps at a higher-than-it-should-be price. They can charge more because they operate under an effective monopoly that comes from final mile contracts with local governments. What I appreciate the most about fiber is that I was able to negotiate a much better rate for internet service from the cable company. Recently the fiber company started advertising unlimited plans - they finally woke up to what customers really want.

    I like "unlimited" more as an insurance policy against unexpected high costs. Perhaps Hetzner needs to reframe their policy in those terms.

  • vimalwarevimalware Member
    edited July 2022

    OP is probably on another 'unmetered' provider by now with his 15 boxes. He will be back next month with a new thread complaining that he's not able to transmit over 650mbit sustained average 24/7, because of provider rack configuration or somesuch.

    Thanked by 1DanSummer
  • @ralf said:

    @serv_ee said:

    @adly said:

    @serv_ee said:

    @kasodk said:

    @adly said:

    @kasodk said:

    @xrz said:
    My friend got this:

    > > > > > > > > We’re writing to you today because of your traffic use, which currently
    > > > > > > > > averages above 250 TB/month on some of your servers.
    > > > > > > > > 
    > > > > > > > > Although these servers include unlimited traffic, this is far above what
    > > > > > > > > we consider fair use.
    > > > > > > > > 
    > > > > > > > > In order to continue hosting your servers with us, the traffic use will
    > > > > > > > > need to be drastically reduced. Please check your servers and confirm
    > > > > > > > > what is using so much traffic, making sure it is nothing abusive, and
    > > > > > > > > then find ways of reducing it.
    > > > > > > > > 
    > > > > > > > > We will routinely check your traffic use. If we continue to see such a
    > > > > > > > > high amount, we may choose to cancel your contract. (Please see 2.7 of
    > > > > > > > > our Terms and conditions:
    > > > > > > > > https://www.hetzner.com/legal/terms-and-conditions)
    > > > > > > > > 
    > > > > > > > > Thank you for your understanding.
    > > > > > > > > 

    @adly said:

    @ralf said:

    @serv_ee said:
    It's not legal in the EU what so ever. What ever blabbering some do doesn't matter what so ever. It's false advertising and there's no "but" in this.

    People keep repeating this lie.

    They are not limiting anybody's bandwidth. They're choosing not to renew the contract.

    It’s remarkable that people don’t seem to acknowledge this.

    Yes, there are some arguments to be had that non-renewal due to ‘excessive’ usage is unethical and a clear limit may be preferable.

    But they have in no way breached the contract by restricting or limiting traffic within the contracted period, thus the service purchased had been provided. They are simply advising they may exercise their rights to not renew the service going forward.

    @Adly, perhaps you should read OP's post and try again.

    They are demanding that he reduce his traffic OR they will cancel the contract.

    They aren’t demanding anything, they are providing advanced notice that they will refuse to continue the rolling contract renewal with adequate notice should they no longer want the customer. In this case, they have provided a reason why they won’t want them as a customer, but they didn’t have to.

    THERE IS NO ROLLING RENEWAL.

    THE CONTRACT PERIOD IS NOT LIMITED BY TIME.

    Read the fucking terms:
    2.5. Contracts are concluded for an unlimited time period unless otherwise agreed.
    2.6. The contract may be terminated by either party with 30 days' notice to the end of the month

    Source: https://www.hetzner.com/legal/terms-and-conditions

    It's a waste of time. Don't bother.

    I've been through this with my ISP already and in the consumer protection agency. Guess who lost?

    Some are just shills or right out blinded fanboys it's sad already

    I actually disagree with this form of advertising, and if there are hidden limits believe they should be specified in the terms. I also believe Hetzner has historically been poor at communication, which doesn’t help.

    However, as things have been stated, I don’t believe this is illegal. I can also see why some prefer the “unlimited” advertising as it is effectively unlimited for them, with a small percentage of people potentially resulting in a hard limit having to be enforced.

    It became illegal the second they sent that email. That's factually sanctioning a person for breaking some on the go made up thing that's not in the terms.

    Have you even read the terms? They can cancel the contract for any reason they choose:

    2.6. The contract may be terminated by either party with 30 days' notice to the end of the month, without specifying any reasons. Differing periods of notice may apply to the Customers depending on the description of relevant services. Notice of termination may be given in text form by letter, fax, email or via the Customer’s account on our secure customer interface.

    2.7. Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Such good cause is deemed to exist, among other reasons, if the Customer fails to meet its payment obligations or violates other important customer obligations. A further important reason which may result in us locking or terminating the Customer’s services or account without notice is if the Customer uses content that impairs the regular operating behavior or the security of our infrastructure or our product, or violates paragraphs 8.1. - 8.3. of these Terms and Conditions.

    They are stating that using more than 250TB a month of an unlimited plan qualifies as a "good cause" for termination.

    They're also stating that normal use of the unlimited plan is unfit and cannot meet the unlimited plan under normal usage.

    This is literally making the point that this is wrong. It's like you guys are being intentionally obtuse and never heard the word "defacto" before.

    The mental gymnastics is fucking insane.

    Hetzner is clearly in the wrong. They're going to have to fucking highlight the fair use limits if they want to enforce them. It's that fucking simple.

  • @reb0rn said:
    I was also contacted for bandwidth usage and its way less then 250Tb per server, at least for me they wanted to know server use case, but I was null routed for ~4h also for no real reason other then pushing upload 2x this month then in past (use case change and I do not monitor as its unlimited)

    That's fair response under 2.7, IMO. Their security shit was affected, they took action to resolve it. Sometimes, it's just, "oh, we need a better rule because of X use case" and everyone benefits.

    At one VPS company, running speedtests tripped their csf firewall and had to fix their shit for regular use case.

  • @emg said: I like "unlimited" more as an insurance policy against unexpected high costs. Perhaps Hetzner needs to reframe their policy in those terms.

    If the fair use limit is 250TB, they should advertise it as 250TB, not unlimited. End of story.

  • emgemg Veteran

    @Daniel15 said:

    @emg said: I like "unlimited" more as an insurance policy against unexpected high costs. Perhaps Hetzner needs to reframe their policy in those terms.

    If the fair use limit is 250TB, they should advertise it as 250TB, not unlimited. End of story.

    The problem is how to specify a policy where you avoid penalizing users for an occasional spike, while keeping average use to a fair level, whatever "fair" means.

    Thanked by 1skorous
  • ralfralf Member
    edited August 2022

    @TimboJones said:

    @ralf said:

    @serv_ee said:

    @adly said:

    @serv_ee said:

    @kasodk said:

    @adly said:

    @kasodk said:

    @xrz said:
    My friend got this:

    > > > > > > > > > We’re writing to you today because of your traffic use, which currently
    > > > > > > > > > averages above 250 TB/month on some of your servers.
    > > > > > > > > > 
    > > > > > > > > > Although these servers include unlimited traffic, this is far above what
    > > > > > > > > > we consider fair use.
    > > > > > > > > > 
    > > > > > > > > > In order to continue hosting your servers with us, the traffic use will
    > > > > > > > > > need to be drastically reduced. Please check your servers and confirm
    > > > > > > > > > what is using so much traffic, making sure it is nothing abusive, and
    > > > > > > > > > then find ways of reducing it.
    > > > > > > > > > 
    > > > > > > > > > We will routinely check your traffic use. If we continue to see such a
    > > > > > > > > > high amount, we may choose to cancel your contract. (Please see 2.7 of
    > > > > > > > > > our Terms and conditions:
    > > > > > > > > > https://www.hetzner.com/legal/terms-and-conditions)
    > > > > > > > > > 
    > > > > > > > > > Thank you for your understanding.
    > > > > > > > > > 

    @adly said:

    @ralf said:

    @serv_ee said:
    It's not legal in the EU what so ever. What ever blabbering some do doesn't matter what so ever. It's false advertising and there's no "but" in this.

    People keep repeating this lie.

    They are not limiting anybody's bandwidth. They're choosing not to renew the contract.

    It’s remarkable that people don’t seem to acknowledge this.

    Yes, there are some arguments to be had that non-renewal due to ‘excessive’ usage is unethical and a clear limit may be preferable.

    But they have in no way breached the contract by restricting or limiting traffic within the contracted period, thus the service purchased had been provided. They are simply advising they may exercise their rights to not renew the service going forward.

    @Adly, perhaps you should read OP's post and try again.

    They are demanding that he reduce his traffic OR they will cancel the contract.

    They aren’t demanding anything, they are providing advanced notice that they will refuse to continue the rolling contract renewal with adequate notice should they no longer want the customer. In this case, they have provided a reason why they won’t want them as a customer, but they didn’t have to.

    THERE IS NO ROLLING RENEWAL.

    THE CONTRACT PERIOD IS NOT LIMITED BY TIME.

    Read the fucking terms:
    2.5. Contracts are concluded for an unlimited time period unless otherwise agreed.
    2.6. The contract may be terminated by either party with 30 days' notice to the end of the month

    Source: https://www.hetzner.com/legal/terms-and-conditions

    It's a waste of time. Don't bother.

    I've been through this with my ISP already and in the consumer protection agency. Guess who lost?

    Some are just shills or right out blinded fanboys it's sad already

    I actually disagree with this form of advertising, and if there are hidden limits believe they should be specified in the terms. I also believe Hetzner has historically been poor at communication, which doesn’t help.

    However, as things have been stated, I don’t believe this is illegal. I can also see why some prefer the “unlimited” advertising as it is effectively unlimited for them, with a small percentage of people potentially resulting in a hard limit having to be enforced.

    It became illegal the second they sent that email. That's factually sanctioning a person for breaking some on the go made up thing that's not in the terms.

    Have you even read the terms? They can cancel the contract for any reason they choose:

    2.6. The contract may be terminated by either party with 30 days' notice to the end of the month, without specifying any reasons. Differing periods of notice may apply to the Customers depending on the description of relevant services. Notice of termination may be given in text form by letter, fax, email or via the Customer’s account on our secure customer interface.

    2.7. Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Such good cause is deemed to exist, among other reasons, if the Customer fails to meet its payment obligations or violates other important customer obligations. A further important reason which may result in us locking or terminating the Customer’s services or account without notice is if the Customer uses content that impairs the regular operating behavior or the security of our infrastructure or our product, or violates paragraphs 8.1. - 8.3. of these Terms and Conditions.

    They are stating that using more than 250TB a month of an unlimited plan qualifies as a "good cause" for termination.

    Who is they? I don't believe anybody has "stated" this. Please provide a quote of somebody stating this. What you have here is an inference.

    They're also stating that normal use of the unlimited plan is unfit and cannot meet the unlimited plan under normal usage.

    Again who has stated this? Also this sentence doesn't even make sense.

    This is literally making the point that this is wrong. It's like you guys are being intentionally obtuse and never heard the word "defacto" before.

    I've never heard of the word "defacto", I've heard of "de facto", but fail to see what relevance it has in this matter.

    The mental gymnastics is fucking insane.

    Reading the contract and correctly interpreting its meaning is neither "mental gymnastics" nor insane.

    Hetzner is clearly in the wrong. They're going to have to fucking highlight the fair use limits if they want to enforce them. It's that fucking simple.

    They are neither clearly in the wrong, nor do they have to do anything of the kind.

    Whilst there are a few providers who tell you what the fair use limits are, the vast majority keep it deliberately vague because it allows them to restrict people when there's lots of demand and high usage is causing a problem for others, while also allowing people to do what they want when there's spare capacity.

    In any case, they are not enforcing any limits here, they are providing warning that they will not renew the contract. That is the thing that is simple here. It is clearly laid out in the OP:

    We will routinely check your traffic use. If we continue to see such a
    high amount, we may choose to cancel your contract.
    (Please see 2.7 of
    our Terms and conditions: https://www.hetzner.com/legal/terms-and-conditions)

    Just out of interest, do you actually believe that adding expletives makes your argument somehow more persuasive?

    Thanked by 1DanSummer
  • emgemg Veteran
    edited August 2022

    @ralf said: Just out of interest, do you actually believe that adding expletives makes your argument somehow more persuasive?

    Of course. When you are trying to argue a square peg into a round hole, the expletive is the hammer that pounds it in.

    Thanked by 2ralf dahartigan
  • Daniel15Daniel15 Veteran
    edited August 2022

    @ralf said: they are providing warning that they will not renew the contract.

    ???

    The email says "cancel your contract", which implies terminating the contract prior to completion.

  • @emg said:

    @Daniel15 said:

    @emg said: I like "unlimited" more as an insurance policy against unexpected high costs. Perhaps Hetzner needs to reframe their policy in those terms.

    If the fair use limit is 250TB, they should advertise it as 250TB, not unlimited. End of story.

    The problem is how to specify a policy where you avoid penalizing users for an occasional spike, while keeping average use to a fair level, whatever "fair" means.

    We don't know, how many servers gotten over 250TB. It might be possible, you upgrade the server to a higher instance and won't hear anything from them after the next 250TB.

    The other option where a fake notification, because there is no log from the email.

    Thanked by 1Erisa
  • angstromangstrom Moderator

    @Daniel15 said:

    @ralf said: they are providing warning that they will not renew the contract.

    ???

    The email says "cancel your contract", which implies terminating the contract prior to completion.

    As I understand it, since the (monthly) contract renews automatically unless either party explicitly chooses not to renew the contract by the turnover date, not renewing the contract is (in this sense) tantamount to canceling the contract

    Thanked by 1RapToN
  • afnafn Member

    @ascicode said: , you upgrade the server to a higher instance and won't hear anything from them after the next 250TB.

    there is no such thing at Hetzner, if there was, we would not be complaining, we would simply be buying the "higher instance" to get more traffic.

  • Kinda funny how people are biting the bullet for hetzner right now but they themselves haven't said anything about this matter.

  • AdvinAdvin Member, Patron Provider

    I disagree with Hetzner's decision and it sucks that they're choosing to do this - but it's well within their right to not renew customers for whatever reason they want.

  • @ralf said:
    Just out of interest, do you actually believe that adding expletives makes your argument somehow more persuasive?

    Because it's mind boggling how obtuse you're being.

    He has an unlimited plan. Where the fuck does high usage come into play? The plan is not fit for its intended purpose if he can't use it in expressly the manner it was advertised.

    You keep getting told you're wrong about cancelling vs not renewing. Even so, there was no abuse and didn't have a "good cause" for termination.

  • @emg said:

    @ralf said: Just out of interest, do you actually believe that adding expletives makes your argument somehow more persuasive?

    Of course. When you are trying to argue a square peg into a round hole, the expletive is the hammer that pounds it in.

    It's also sad when people fail to realize they're wrong and can't admit it, so they fucking whine about expletives. Wah wah.

  • dahartigandahartigan Member
    edited August 2022

    @emg said:

    @ralf said: Just out of interest, do you actually believe that adding expletives makes your argument somehow more persuasive?

    Of course. When you are trying to argue a square peg into a round hole, the expletive is the hammer that pounds it in.

    Excellent quote.

    @TimboJones said:

    @emg said:

    @ralf said: Just out of interest, do you actually believe that adding expletives makes your argument somehow more persuasive?

    Of course. When you are trying to argue a square peg into a round hole, the expletive is the hammer that pounds it in.

    It's also sad when people fail to realize they're wrong and can't admit it, so they fucking whine about expletives. Wah wah.

    When the expletives don't work, tantrum ensues.

    Thanked by 1ralf
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