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Violation of terms

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  • armindsarminds Member, Host Rep

    @Ishaq said:
    Let's create a scenario here, in this scenario you work for a company that does cleaning work for houses, if you find a dead body are you going to report it to the police or are you going to say "I shouldn't, I would be invading their privacy"?

    Great example! :)

  • rincewindrincewind Member
    • If the TOS has been breached you are well within your rights to terminate service. I hope you give them sufficient time for the transition - especially since this is a long-standing customer.
    • It is not clear if the customer remained in breach of TOS since 2012. They could have removed it in 2012 and brought it back later. So far it seems that what they did was legal, but breaching your TOS.
    • The customer asking you to fix a database that was in breach of TOS suggests a possible misunderstanding between you and them. If he/she was intentionally hiding the violation they would have been pretty stupid to get help from you - more likely to have used a third party.
    • Arguing on moral grounds is a slippery slope. Just because you find something distasteful does not make it immoral. They may just have a different code of ethics from yours. A completely moral person is an unrealistic ideal.

    On a more personal note, you seem to be bothered more by the fact that the customer mislead you, and I can understand your anger. I just hope that you can come to a civil conclusion once you regain your composure.

    Thanked by 1zevus
  • armindsarminds Member, Host Rep
    edited December 2015

    @rincewind said:

    • It is not clear if the customer remained in breach of TOS since 2012. They could have removed it in 2012 and brought it back later. So far it seems that what they did was legal, but breaching your TOS.
    • The customer asking you to fix a database that was in breach of TOS suggests a possible misunderstanding between you and them. If he/she was intentionally hiding the violation they would have been pretty stupid to get help from you - more likely to have used a third party.
    • Arguing on moral grounds is a slippery slope. Just because you find something distasteful does not make it immoral. They may just have a different code of ethics from yours. A completely moral person is an unrealistic ideal.

    On a more personal note, you seem to be bothered more by the fact that the customer mislead you, and I can understand your anger. I just hope that you can come to a civil conclusion once you regain your composure.

    Our principles are in our TOS, so as said earlier, we have the right to apply our TOS that the customer agreed on.

    And, the customer by the way didn't respond to any of our warnings. No conversation or replies to our tickets since 2012. But, this wasn't a good reason to terminate then, specially that he removed the violating picture from the home page in 2012 after we sent the warning, but no replies.

    From what we got in the database, it was confirmed that the customer never removed or changed the site type from adult site to something else. It was always adults site, BDSM site to be more specific.

    So, the duration is 3 years notice :) . The morals are in the TOS. And the customer wasn't replying because it seems he was avoiding confrontation except when the site went down because of the database issue.

  • jaypeesmithjaypeesmith Member

    If a certain type of content is against the TOS, I think the host is within their rights to ask the customer to move on. With all the options out there, why risk it when one could simply choose another host? Also, if you don't want the host to see something in the database, don't ask them to look at it for you. For example, they might query a table to verify a fix and see something you didn't intend for them to see.

    Thanked by 1arminds
  • WilliamWilliam Member

    Banning adult is idiotic if not illegal in hosting & company location.

    Feel free to do so, sure, your business in the end but with morals and 'ethics' you are in the wrong business.

    Tell him i gladly host him if he generates some abuse mails, i always like to fight with trashy anti-porn groups and shady foreign government agencies complaining about doxs and porn, nice to troll the idiots by telling them you do something and then just see how long you can spin it until they give up messaging you :>

    Thanked by 4alexvolk GCat Pwner sin
  • alexvolkalexvolk Member

    @Licensecart did you know that @arminds doesn't use Blesta ?

    It's against your personal ToS, right ? Haha!

    Thanked by 1GCat
  • raindog308raindog308 Administrator, Veteran

    This boils down to "guy violated our TOS, we warned him, and terminated when we noticed he'd reviolated".

    I don't know why this is so dramatic or causes the OP so much angst. Seems pretty cut and dried to me.

    Thanked by 2lbft nitro85
  • armindsarminds Member, Host Rep

    @raindog308 said:
    This boils down to "guy violated our TOS, we warned him, and terminated when we noticed he'd reviolated".

    I don't know why this is so dramatic or causes the OP so much angst. Seems pretty cut and dried to me.

    I was just sharing, don't bother.

    Thanked by 1NexHost
  • raindog308raindog308 Administrator, Veteran

    @arminds said:
    I was just sharing, don't bother.

    You must make friends fast.

    Thanked by 1arminds
  • armindsarminds Member, Host Rep

    @raindog308 said:

    Sure, I will.

  • lbftlbft Member

    raindog308 said: This boils down to "guy violated our TOS, we warned him, and terminated when we noticed he'd reviolated".

    I can't figure out whether the point of the post is "look at me how good am I terminating someone who broke the rules" or "ewwwww, porn is icky, amirite guise???!??!".

    Either way, another great contribution to LET. Clearly a valuable thread.

    Thanked by 3GCat sin doghouch
  • zevuszevus Member

    @arminds said:

    I just read your terms... wow... no astrology related content? What if photos of nude ppl is nudist colony, taken by residents of said nudist colony? Vry intolerant indeed.

    'Participate in any file-sharing/peer-to-peer activities' is extremely broad (& running a website is a 'peer-to-peer' activity, i guess)... would that include running a bitcoin node?

    anyway, i like the high amt of disk space and slick website. any new years promo type deal going on?

    -_-

  • armindsarminds Member, Host Rep

    @zevus said:
    -_-

    Yes, this includes bitcoin nodes.

    Our latest plans can be found here: http://www.lowendtalk.com/discussion/72485/fully-managed-ssd-cached-vps-only-5-month-1gbps#latest

  • postcdpostcd Member

    What will you do in the same situation? Do you believe that terms of service or just words to be ignored or a binding agreement?

    im not puritan extremist like You, so i dont know what i would do. but im suspending accounts against TOS. Thiefs by profession must know they are not welcome. PS: adult content is not illegal in most countries, but if its against tos, you ban, but have unhappy customer

  • msg7086msg7086 Member

    Looking into the database is not the correct way to prove your statements. I can randomly fill my database with adult content, and keep it complete private for my personal entertainment.

    I would say if you can't get the evidence from the public, then you don't have the evidence. You are free to terminate the server anyway, however, if you'd like to.

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