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Help me choose a design
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If he refunds the customer any unused money I do not see a problem with terminating a for threats rather than actions. Violations of TOS would normally be grounds for a termination without a refund.
Zielig ventje
@quirkyquark
The vps was on us so he could develop his jdoole monitor. He lost my trust with his actions.
I don't know how us based companies can handle that, but here in Germany, the companies have contracts with their customers and they cannot terminate them without a good reason (except the ToS has a part where termination is written down)...
Because what can you as the customer do in response? Sue them? Way too expensive in this situation, but if we were talking tens of thousands of dollars worth of business, probably would sue.
How would you feel if someone was sending you death threats and the police wouldn't do anything about it because they haven't killed you yet?
He was hosting a pirated copy of WHCMS, isn't that cause enough?
That makes perfect sense then -- if he didn't pay you for your services, there is no contract. Good decision, then! Please read my other responses below on why I pointed out the TOS issue. I also think the "small business" stuff in your TOS is pretty vague. Maybe have it reviewed? It's not cut-and-pasted, like most -- which I applaud -- but that also means you should be careful with it.
There are laws against that, so the police must do something about it. There is no law (in the US) which penalizes "threatening to DDoS someone."
No, it's not at all expensive. It's called small claims court. This procedure is available throughout the US, and per wiki, in a number of other countries as well.
Basshosts's TOS states that all litigation must take place in California. All it takes to file a small claims case in CA is $30 (max. claim of $1,500). No lawyers are allowed, for either side. The person suing can do so in his county (place) of residence, and a representative of the person/entity being sued is obligated to travel there and defend himself/themselves. In theory the amount could simply be the hosting fees paid, say $5, but if you show some kind of tangible economic loss from their actions then that is included too. If you win, the filing fee is included in the judgment.
Now you may say, even if you win, how will you get the money? Well, if you don't, you can get a court order and/or turn it over to a collection agency. Even if you never get it, the judgment/bad debt will show on the entity's business records for a number of years, which e.g. may make a datacenter, etc. unwilling to do business with them in the future.
Yes, if Basshost were the hosting provider. They were not, in this case. As I said in the beginning, since this was a complimentary account given purely out of kindness, no reason at all is necessary to terminate. Violation of trust, in any case, is reason enough.
LMFAO. Lets stay realistic here, any court would laugh you out of the building trying to sue over a low end box.
@quirkyquark
I have noticed that our TOS ... is well big and confusing. We are going to have a very simple one up shortly with the new site. Thanks for the input
So Basshost (US, I presume) and joodle (EU) can go to small claims court over a LEB? Interesting. Same situation in the U.S. What if I wanted to take Hostigation to small claims court? Tim is in North Carolina (?) I'm in Florida, Seems reasonable to take him to court...
The "contract" by selling him a service doesn't mean he has to sell it to him forever, either party can cancel it...
LowEndTalk, the place where almost every thread gets derailed since 2k10.
I can assure you that in the US they wouldn't. $5 may not be worth anyone's time, but if you suffered other loss (lost clients, website downtime, etc.), it might be worth it. As for the UK, your version of small claims was introduced initially for claims of up to only 75 GBP.
@Basshost: you're welcome. All it can take is someone with a grudge (whether well-founded or not), a little money and a lot of time to make your life difficult.
Not unless it's in the terms. If it's not, it could be done at renewal time, not in the middle.
No, the claim would have to be made in the company's home state (California). But it could conceivably be anywhere in California (it's a very large state, as you might know
You would have to do it somewhere in NC. There is no "small claims court" for federal actions, which is what an inter-state lawsuit is. Of course, states often have numerous consumer protection laws which may let you do something in Florida, but any judgment issued by an FL court is valid only in FL, and will not affect Tim unless he someday decides to come down and do business with an FL company/resident.
I don't know if you have an actual beef with Tim or if this is just hypothetical, but one thing that may be done for any company in the US, by you or even @joodle, is file a complaint with the Better Business Bureau (BBB). A lot of regular folks (i.e., not the LEB crowd) will look at those ratings before purchasing something from a company, and a bad rating could dissuade them.
Beetje jammer dit allemaal...
Sad for all the people (including me) who stood up for you, who gave you trust.
First saying you stop with the less legal stuff, now use pirated software for "a company".
I do like the name, made me laugh,.
And your order process does not work, it keeps going from the domain chooser to the package chooser and back...
Order process works fine here, aswell for the people that signed up for free hosting
Don't Let Others Get Away Without Paying... Help Prevent Piracy
Very mature, spamming my email LowEndTalk, But thanks for the IP you gave me
Oh and nice email: [email protected]
The one who did this, will get problems
Signup still does not work from here... Does it need javascript enabled?
Well it's ajax based, so i guess
/rant/
I f*cking hate having to disable noscript on so many websites nowdays to make them usable... If it stays this way I can almost just remove it from firefox/chrome...
/rant-end/
Will try it this evening, now at the hospital working... +1 for portablefirefox
I lolz'd. Are you going to bang and DDoS him?
I'm gonna bang bang them, lol
Nah, i don't DDoS it's for pussies like constantinos
-
;-)
That was a jokie bokie
... As @yomero quite eloquently said
Yes i'm a kid, i got ADHD, i do things wich most ppl don't do
I don't care that i got this, i just do stuff wich makes me happy
And mostly that's weird stuff i do
@Joodle Ever thought about going to a mental hospital? To get treatment or so? (And not bother us with these stupid thing?)
ADHD can't be stopped, i got medicines for it, but they only stop it a bit
I'm really sorry for all the things i do, but i just can't stop it, i want to do it, but i can't
It's like those ppl that need to swear, well i got it with doing stuff, i just NEED to do it
@Joodle Sorry sir but I can tell you ADHD can be stopped/treated. I've worked at 2 mental hospitals in my nursing career, had young people with ADHD, autism, mutism, borderline and all the mental shizzle. ADHD has ritalin, concerta as medication, if they do not work then go see your physician and ask for a higher dose. ALso neurostimulation works quite well for some people, and changing your diet to exclude carbohydrates, sugars, kleurstoffen (don't know the english word for it), coffee and energy drink also helps a lot.
It is pure and utter bullcrap to just say you do things because your illness. You still have a mind of your own, you know it is wrong to pirate software, rip themes and who knows what more you do. If you would not know that is wrong becuase of your illness then you would also not have made apologies for it.
Pure and utter bullcrap, you have your own free will... No illness will ever take that away...
Now /end for you mister troll...
I already got the maximum of ritalin (2 tabletten per dag)
I can't have more coz of my weight (55kg..)