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Spry Servers closing down - Page 2
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Spry Servers closing down

2

Comments

  • lonealonea Member, Host Rep

    For immediate release.

  • @jar said: radwebhosting

    Looks like they are also offline

    https://check-host.net/check-report/10a69ca7k631

    Thanked by 1jar
  • LeviLevi Member

    @jar said:
    I guess that spammer money from radwebhosting wasn't enough. But great to see they're down. I mourn for no spammer. Last year I told them as a courtesy, "The most valuable export from your network is spam." It was a courtesy because it was to give them a chance to fix it, and it wasn't wrong.

    Well, for spammers network is good until it's all in spamhaus. And after that they just move on. Not very viable business to catter spammers...

    Thanked by 1jar
  • @lonea said:
    For immediate release.

    trademarked by @nuggets

  • edited July 2023

    @AllHost_Rep said:
    In the UK at least, a datacentre would not be allowed to sell the hardware if they had good reason to believe that it was not owned by their direct customer (i.e. resold colo).

    That wouldn't help anyone immediately. The DC have paperwork that said the host they have a contract with owns the hardware, so at best the end user will get theirs back after a session of this-word-against-that between relevant lawyers.

    While it is bad that their customers are essentially footing the bill for their fraud, or badly filed paperwork if we are being generous with the benefit of doubt, is it any better that their suppliers (the DC in this case) end up doing the same?

    I was once in a similar situation (provider going under, DC shutting everything off due to non-payment) though I wasn't colo just renting. The DC actually went beyond any contact and helped end users who asked nicely by temporarily powering on machines so that they could pull data off (I had backups of my stuff but not necessarily end-user data because I charged a few pennies extra for handing off-site backups for them and most chose not to pay that). This might be a good way for the DC to show they aren't arseholes (at least not complete ones) by letting people draw off data instead of waiting for a protracted argument about the hardware to complete. Of course that wouldn't be needed by those who have decent DR plans in place anyway…

  • jarjar Patron Provider, Top Host, Veteran
    edited July 2023

    @MeAtExampleDotCom said:

    @AllHost_Rep said:
    In the UK at least, a datacentre would not be allowed to sell the hardware if they had good reason to believe that it was not owned by their direct customer (i.e. resold colo).

    That wouldn't help anyone immediately. The DC have paperwork that said the host they have a contract with owns the hardware, so at best the end user will get theirs back after a session of this-word-against-that between relevant lawyers.

    While it is bad that their customers are essentially footing the bill for their fraud, or badly filed paperwork if we are being generous with the benefit of doubt, is it any better that their suppliers (the DC in this case) end up doing the same?

    I was once in a similar situation (provider going under, DC shutting everything off due to non-payment) though I wasn't colo just renting. The DC actually went beyond any contact and helped end users who asked nicely by temporarily powering on machines so that they could pull data off (I had backups of my stuff but not necessarily end-user data because I charged a few pennies extra for handing off-site backups for them and most chose not to pay that). This might be a good way for the DC to show they aren't arseholes (at least not complete ones) by letting people draw off data instead of waiting for a protracted argument about the hardware to complete. Of course that wouldn't be needed by those who have decent DR plans in place anyway…

    Spry had their own network so they couldn't even just power on colocated servers. Otherwise it's a fine gesture. But helping third parties configure software on the servers or helping them access a KVM enters into much different territory in regards to privacy.

    Granted probably irrelevant anyway. They probably had one colo customer.

  • emghemgh Member

    Huge reservation that I'm very tired, but I can't see how Evocative would have any right to hold the hardware? What in this story would ever have given them ownership? The actual owners had no contract nor contact with Evocative, right?

  • lnxlnx Member, Patron Provider

    Sucks to see people lose their equipment. I am surprised their DC provider gave them much runway to rack up a lot of debt.

  • LeviLevi Member
    edited July 2023

    @emgh said: I can't see how Evocative would have any right to hold the hardware?

    Well, probably DC thinks that collo'd hardware is owned by Spry. So, any sane company just won't start discussion with third parties about servers.

    What collo customers should do - sue the hell out of Spry and demand hardware back + damages. But, probably Spry's owner fled back to Bangalore or Punjabi and GL/GG.

  • jarjar Patron Provider, Top Host, Veteran
    edited July 2023

    @emgh said:
    Huge reservation that I'm very tired, but I can't see how Evocative would have any right to hold the hardware? What in this story would ever have given them ownership? The actual owners had no contract nor contact with Evocative, right?

    I'm no lawyer, but when you stop paying for a storage unit the owners of the facility put a lock on the door and auction off the contents. Not the same situation of course, but that's a scenario where you store your belongings with a company and then they have every right to keep and sell it to pay for your debt, and from that you might begin to at least see a path to not releasing someone's property when it's stored on your property and the people who leased the space are unable to pay their bill. Again not to say it's the same situation, I'm focusing on what is similar about it to get to an idea.

    And from the perspective of the facility owners, that property all belongs to the party they had a contract with, they have no knowledge of anyone else. It would be extremely irresponsible for them to just let anyone come in and claim ownership of it based on their word, so moving forward can be very difficult.

    Thanked by 1emgh
  • wdmgwdmg Member, LIR

    @jar said: And from the perspective of the facility owners, that property all belongs to the party they had a contract with, they have no knowledge of anyone else.

    This is exactly what's going to happen. Even if you make Evocative aware that you own it, it doesn't matter to them. They are holding it as collateral to recover their losses and will continue to do as such until their debt is recovered.

    It's also important to note that Evocative has zero way to be able to prove ownership since the affected colocation parties aren't direct Evocative clients. So even if you did spam them to get your hardware back and they were willing to help, it's proving pointless without being able to definitively prove ownership. If they can't definitively prove ownership and someone social engineers them into releasing hardware wrongfully, they now have a huge legal liability. 100% not worth the risk even if they wanted to "be the nice guy".

    Thanked by 1jar
  • FranciscoFrancisco Top Host, Host Rep, Veteran

    @wdmg said: This is exactly what's going to happen. Even if you make Evocative aware that you own it, it doesn't matter to them. They are holding it as collateral to recover their losses and will continue to do as such until their debt is recovered.

    Best these people can do is provide invoices/tracking/proof and take it to the Sheriff.

    Francisco

    Thanked by 2RIYAD PureVoltage
  • emghemgh Member
    edited July 2023

    @jar said: I'm no lawyer, but when you stop paying for a storage unit the owners of the facility put a lock on the door and auction off the contents. Not the same situation of course, but that's a scenario where you store your belongings with a company and then they have every right to keep and sell it to pay for your debt, and from that you might begin to at least see a path to not releasing someone's property when it's stored on your property and the people who leased the space are unable to pay their bill. Again not to say it's the same situation, I'm focusing on what is similar about it to get to an idea.

    Yeah, I know as little as anyone else when it comes to US laws, no clue really

    Just find it weird, seems like, according to the story, there was fradulent contracts going on between Spry and the DC

    I'd honestly be suprised though if any amount of fraud between Spry and the DC could somehow make Spry give away stuff they don't own

    That'd be a huge loophole

    In this scenario, I'm talking about those that can in-fact prove that they own the hardware, rest is much harder, for said reasons

    But if ownership can be proved and the DC still holds the servers, I don't see how that's not theft

    Thanked by 1jar
  • The guy's name was "Tab". This should have been foreseen.

  • crunchbitscrunchbits Member, Patron Provider, Top Host

    @jar said:

    @emgh said:
    Huge reservation that I'm very tired, but I can't see how Evocative would have any right to hold the hardware? What in this story would ever have given them ownership? The actual owners had no contract nor contact with Evocative, right?

    I'm no lawyer, but when you stop paying for a storage unit the owners of the facility put a lock on the door and auction off the contents. Not the same situation of course, but that's a scenario where you store your belongings with a company and then they have every right to keep and sell it to pay for your debt, and from that you might begin to at least see a path to not releasing someone's property when it's stored on your property and the people who leased the space are unable to pay their bill. Again not to say it's the same situation, I'm focusing on what is similar about it to get to an idea.

    And from the perspective of the facility owners, that property all belongs to the party they had a contract with, they have no knowledge of anyone else. It would be extremely irresponsible for them to just let anyone come in and claim ownership of it based on their word, so moving forward can be very difficult.

    That's generally how I've understood these situations as well. This question came up while talking with one of our DC reps recently (about a third party) and they basically said:

    "We don't really know who owns what server, so a customer can colo for third parties and it doesn't matter to us--but we operate under the assumption everything in their racks is their hardware."

    I assume if you take a copy of your colocation agreement with Spry (I hope there is one), a copy of your invoices from purchasing/shipping said gear, ideally any serial numbers you have (even from running an inventory/IPMI panel), and approach local Sheriff to get the ball officially rolling you might have a shot. My guess is that the DC is not likely in the practice of stealing hardware, but they need to have 0 liability for giving it back. A police report of stolen hardware should do that. Otherwise, they will likely assume it was all Spry owned hardware and recoup for unpaid bills.

    I suppose if it's tens of thousands worth of hardware, get a lawyer too. I'm assuming it's not, but you don't want to just give your hardware away.

    Thanked by 2jar emgh
  • aliletalilet Member

  • @msallak1 said:
    That's why you should colo with the DC directly.

    the most I'd ever do is colo with the DC and get a cross connect if I want someone's network really badly for whatever reason. Huge corps are a little different, I'd colo with Datapacket just due to their size. I can't imagine shipping hardware to any host that posts on LET/LES though, that's asking to get robbed.

    Thanked by 1PineappleM
  • jarjar Patron Provider, Top Host, Veteran

    @fluffernutter said:

    @msallak1 said:
    That's why you should colo with the DC directly.

    the most I'd ever do is colo with the DC and get a cross connect if I want someone's network really badly for whatever reason. Huge corps are a little different, I'd colo with Datapacket just due to their size. I can't imagine shipping hardware to any host that posts on LET/LES though, that's asking to get robbed.

    Or you pick @qps. Everyone forgets the quiet hero in the corner 🤣♥️

  • kasodkkasodk Barred

    @TimboJones said:
    The guy's name was "Tab". This should have been foreseen.

    Tab is the Danish word for loss.

    Thanked by 1TimboJones
  • qpsqps Member, Host Rep
    edited July 2023

    @jar said: Or you pick @qps. Everyone forgets the quiet hero in the corner 🤣♥️

  • AdvinAdvin Member, Patron Provider
    edited July 2023

    Just got this email

    Dear XXXXXX,

    I am happy to announce and grateful to our upstream data center provider, Evocative, as they have agreed to turn network services back on effective immediately.

    They are allowing us to continue to try and find a permanent solution that would minimize the effect on our clients.

    Our last announcement garnered significant public attention. While much of this was negative, it caught the attention of several parties interested in acquiring Spry Servers. We are now in talks regarding the sale of Spry Servers.

    To be clear, in our previous announcement regarding our colocation clients contacting Evocative for the return of their equipment: Evocative asked us to direct our clients to the contacts provided, in response to us asking how to manage the release of our clients' equipment back to them.

    I understand if you are not comfortable continuing services with us, and absolutely encourage you to take backups immediately whether you stay with us or not. However, I would like to implore you to hang on a bit longer with us. Automated payments have been suspended and all credit cards have been removed from our system. We will not be terminating anyone who does not request it at this time. We will slowly re-enable payment methods once we are confident we have found a solution.

    I hope to have further information soon to share with you. For now, your services will remain online while we make further attempts at an arrangement that will benefit all parties involved.

    Thank you very much for your patience and understanding, and I apologize for the immense confusion.

    Sincerely,

    Tab Fitts
    Founder/CEO
    Spry Servers

  • @jar said:

    @fluffernutter said:

    @msallak1 said:
    That's why you should colo with the DC directly.

    the most I'd ever do is colo with the DC and get a cross connect if I want someone's network really badly for whatever reason. Huge corps are a little different, I'd colo with Datapacket just due to their size. I can't imagine shipping hardware to any host that posts on LET/LES though, that's asking to get robbed.

    Or you pick @qps. Everyone forgets the quiet hero in the corner 🤣♥️

    Too premium for LET, they shouldn't be posting here to begin with (not that the deals aren't appreciated)

    Thanked by 1jar
  • HarambeHarambe Member, Host Rep

    @fluffernutter said:

    @jar said:

    @fluffernutter said:

    @msallak1 said:
    That's why you should colo with the DC directly.

    the most I'd ever do is colo with the DC and get a cross connect if I want someone's network really badly for whatever reason. Huge corps are a little different, I'd colo with Datapacket just due to their size. I can't imagine shipping hardware to any host that posts on LET/LES though, that's asking to get robbed.

    Or you pick @qps. Everyone forgets the quiet hero in the corner 🤣♥️

    Too premium for LET, they shouldn't be posting here to begin with (not that the deals aren't appreciated)

    Jeff's so premium that his service is boring. Everything works, he pays his DC bills on time, and the only downtime I've had in years was when QPS switched DCs with plenty of heads up and stuck to their timeline. 🥱

    *Do note that I am extremely biased because he named a server config after me.

    Thanked by 3Ympker jar qps
  • @Advin said: Evocative asked us to direct our clients to the contacts provided, in response to us asking how to manage the release of our clients' equipment back to them

    Huh, that's a real "Deus ex machina" situation happening in real life for someone.

  • LeviLevi Member

    @Advin said: Just got this email

    Just run away and never look back. Dude just openly stated that collo'd hardware is your own problem and tried to fled. Probably will sell customer base to radnetworks...

    Thanked by 1darkimmortal
  • DPDP Administrator, The Domain Guy

    Evocative asked us to direct our clients to the contacts provided, in response to us asking how to manage the release of our clients' equipment back to them.

    The dude listed like 5 Evocative staff email addresses, COO, VP, etc. and their Legal Department.

    That's like saying "reach out to any of these guys, they don't care who, and I certainly don't care who, to query about the recovery process of your hardware/server".

    I wonder if Evocative will provide any information firsthand about this, because typically, for cases like these, there would (or should) be a SPOC.

  • @Harambe said:

    @fluffernutter said:

    @jar said:

    @fluffernutter said:

    @msallak1 said:
    That's why you should colo with the DC directly.

    the most I'd ever do is colo with the DC and get a cross connect if I want someone's network really badly for whatever reason. Huge corps are a little different, I'd colo with Datapacket just due to their size. I can't imagine shipping hardware to any host that posts on LET/LES though, that's asking to get robbed.

    Or you pick @qps. Everyone forgets the quiet hero in the corner 🤣♥️

    Too premium for LET, they shouldn't be posting here to begin with (not that the deals aren't appreciated)

    Jeff's so premium that his service is boring. Everything works, he pays his DC bills on time, and the only downtime I've had in years was when QPS switched DCs with plenty of heads up and stuck to their timeline. 🥱

    *Do note that I am extremely biased because he named a server config after me.

    literally. no drama at all ever, we should ban them from posting. isn't LET just a drama board anyways? what are they even doing here?

  • @DP said: The dude listed like 5 Evocative staff email addresses, COO, VP, etc. and their Legal Department.

    Imagine having one of your DC's go down from a fire, and then you walk in on this shit the next monday.

    Thanked by 1fluffernutter
  • DPDP Administrator, The Domain Guy

    @CheepCluck said:

    @DP said: The dude listed like 5 Evocative staff email addresses, COO, VP, etc. and their Legal Department.

    Imagine having one of your DC's go down from a fire, and then you walk in on this shit the next monday.

  • emghemgh Member

    @DP said:

    @CheepCluck said:

    @DP said: The dude listed like 5 Evocative staff email addresses, COO, VP, etc. and their Legal Department.

    Imagine having one of your DC's go down from a fire, and then you walk in on this shit the next monday.

    CTRL + A

    BACKSPACE

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