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The IP is NOT on a blocklist for portscanning, (yes I've checked, I suggest you do the same.)
That evidence is not showing any illegal activity as per paragraph 303b of the german law or any other ToS etc. Sorry, he has not hacked, nor exploited anyone.
No, since I have a crappy DSL connection. My ISP (Jazztel) has very liberal policies, so I wouldn't have a problem doing it from home if I had fiber.
Already explained.
You are mixing plenty of things here.
That's bullshit, I didn't do that.
Whatever you say.
I wasn't probing that specific network, he has the flow logs to know it.
Blacklist was a false positive, if you fail to understand this even after reading the report I don't know what to do so you can understand. I was not trying to hack anything nor doing anything malicious and you have ZERO proof of that.
As already explained it was a false positive from a honeypot and you can check that. Also, the blacklist was removed by someone: me.
I don't need permission from anyone to scan the PUBLIC Internet.
I scanned ONE port. They are free to blacklist whatever they want, I didn't attacked them.
@mpkossen please close the thread, this isn't going anywhere.
AFAIK some of the blacklisting was a result of the port scanning, even if the blacklist reason did not specifically mention port scanning. Blacklists will block machines that appear to be infected, and detection of port scanning activities is one indication that a machine is infected.
Virtually anything could be construed as damage to filemedia.de, so I certainly don't believe they have a legal obligation to refund in this case. Again, whether they have a moral obligation as a legitimate business is a different story, but in this case I still think the suspension was reasonable, even if the responses they gave in the ticket were unacceptably vague.
everyone talking about the law...
if you go with the law, even assumed filemedia hadn't fulfilled the contract or done so only flawed, this wouldn't give the right to demand a refund directly (by german law).
more likely the first step would be an entitlement for rework/improvement - which at least filemedia offered here more than once.
I think it's fair to infer that @Nyr had malicious intentions, one doesn't just scan for open VNC servers out of "summer boredom".
I'm not argueing about potential damage towards @filemedia here, like @perenate already stated there are 2 discussions going on here.
In a previous post you implied that Nyr had malicious intentions without proper proof - all we have is a random port scan without malicious actions performed. I replied to your post according to that. Shortly after @sz1hosting joins the thread and makes the same mistake, again I try to make the proper corrections to prevent future misunderstandings.
Then you aren't bored enough, what can I say. If I wanted to do something malicious I wouldn't use a legitimate provider, I am not so stupid.
I did NOT want to hurt anyone.
The IP is only on 1 SMTP blocklist, which can hardly do any damage, and could be caused by any other customer aswell.
Whether the suspension was valid was not in the question, they recieved a abuse email, sure they had every right to act on it. But everything that happened afterwards, is to be questioned, The customer can no longer use his service for what he has bought it for and the host refuses to give a (partial?)refund while he is currently not violating any law or part of the tos.
Not sure what you mean by that, but if he was using any of my services i would not be happy and my tos states no port scanning, yeh no proof i don't need proof i just need common sense to know what hes up to.
This is a damage, case closed.
I wouldn't use any of your services even if you paid me to do so.
Didn't you hack a server and a router in your school and then tweet screenshots or something like that?
Since portscanning can be used for various purposes, you can not say what he was up to.
On the other hand, fileMEDIA did not, unlike you, state portscanning was not allowed.
If you don't have anything to add to this discussion, stay out of it.
DO i really care? Why would i want some skid scum like you on my servers.
Their initial in-ticket responses do indicate some sketchy reasoning for the suspension and failure to understand German law / their own terms of service. However note that they claimed that they did offer to reactivate the service if the port scanning activity was stopped.
Edit: Also honestly receiving abuse reports requires provider's time to analyze the situation and respond to the report, and client is not paying for that time (unless you get permission saying, for example, you can run Tor exit node and we'll forward you abuse complaints). That can be construed as damage, it detracts from service offered to other customers since more time is spent dealing with the reports from a single client's service.
Sure, in my view and in your view maybe we don't think of it as damage. But in the end I think interpretation is up to filemedia.de, as long as the interpretation is semi-reasonable/logical? Not sure since the ToS is in German and I'm not a lawyer.
What a stalker, wow! Yes, I did many years ago.
And no, I didn't cause any damage there either, just got access and reported. They kicked me over that.
The professionalism :')... You're really making your own reputation shittier by the minute!
This is irrelevant to the current situation, and that is to be dealt with between he and his school.
Pretty funny that you are calling me a skid. Maybe that could be correct when I was 15 years old.
You are lovely
The user Nyr likes to boycott most posts i make, trying to make me look bad etc, so thought i would give him some comments on his post which are in no way boycotting him but clearly stating the truth and nothing but common sense.
While that could be interpreted as damage he did pay for that service, because there is nowhere stated that he has to pay extra for these services, therefore he can reasonably expect his provider to look through these things. I still believe a (partial) refund would be reasonable.
Maybe you think a free high spec dedicated server, for port scanning, for 10 years is reasonable too.
edit.
As I stated before, you don't have anthing to add to this thread except for damaging your own reputation, get out before it's too late. And no, that would not be reasonable, and nowhere near the value of a partial refund, besides the hardware would probably not hold that long
(if it's yours). Now I'm getting out of this thread, because I have better things to do on my thursday night.@Floris Maybe you are right, i just wanted to point out the obvious here, Nyr should just buy a dedicated server and he can scan all he wants.
Fair enough. Partial refund is usually reasonable.
I don't see how dedicated server would change anything.
Forgive me for putting this out there, but this isn't the first case of an issue with FileMEDIA and "interpretation of the German law". In the previous case (the one with the VAT) it turned out we were right after all and people with a valid EU VAT ID shouldn't have to pay you VAT.
Other than that I have to agree that there were no valid reason(s) for port scanning (judging by what has been said here so far). So, in a sense, the termination was justified as long as @fileMEDIA actually suffered damage from it (a blacklisted IP is what I consider damage). The issue could have been handled a lot better, though.
Let's see if i got it.
All look logic just one thing is not logic for me. @fileMEDIA you are using some intrusion detection system, cool?! And that system detected port scanning, just i don't get it if you provide so secure services why you didn't set limits on this or just block it, like that you could prevent any of this and keep your clients much longer.
Setting Port Scan Attack Detector (psad) or Portsentry can resovle this issue for your company, and users as well.
Always write good TOS to avoid topic like this.