New on LowEndTalk? Please Register and read our Community Rules.
All new Registrations are manually reviewed and approved, so a short delay after registration may occur before your account becomes active.
All new Registrations are manually reviewed and approved, so a short delay after registration may occur before your account becomes active.
Comments
It is under bandwidth settings
If I was the op I think I would rather let the chargeback proceed. It's good that you're doing this for the sake of other customers and potential future issues but I wouldn't care to continue the relationship and I wouldn't be doing any trust me bro on the refund.
Yes.
AFAIK the legal position of @gigahost is that of a legal successor to terrahost. And the relevant agreement in this case is the agreement OP made with terrahost.
The problem is elsewhere: gigahost needs to make any changes to their TOS make known in advance so as to allow customers to say "No, that's not what I wanted and/or how I wanted it, so I cancel"
Plus, it was a nonsensical and unrealistic TOS term anyway and of course clients should not and highly likely can not (Idk NO law) be held liable willy nilly for unforeseen extreme traffic "spikes".
What gigahost works on now that is, to offer multiple options, one of which being "Nuh, just throttle my VPS and send me an email", is a good way.
That said, OP still agreed to terrahost terms on his free will. In a court that would be the base and everything else would just be details.
Plus: Yes, OP has become a client of terrahost's legal successor gigahost. IF any changes gigahost made were communicated properly to OP he simply is fucked (because he "signed" terrahost's funny overcharge clause or in other words he either was stupid or careless).
$800 seems a bit high, don't they charge like $550 or so for a full 10G?
The ToS was with a different entity. There was another ToS with this current entity, without overages.
The old entity has nothing to do with this, nor do its terms.
Unless Gigahost told all Terrahost customers that the Gigahost ToS now applies to them when they acquired Terrahost, the Terrahost ToS will still be in effect as they formed part of the original contract.
Also, ”terrahost's legal successor gigahost”, from what I know that’s extremely not true.
Absolutely not, because the company doesn’t exist anymore.
Please at least use ChatGPT if you will compare whose TOS is the biggest.
thats correct. that's what most hosts do!
Most LET hosts at least
Thank you deeply for implementing this feature. I needed something like this for managing the bandwidth limits of which calculations are quite hard to understand.
AFAIK @gigahost is the legal successor and anyway OP made an agreement that is binding.
Absolutely yes because it lives on as gigahost, which has to honour all agreements with all customer from terrahost. So, customers still can continue using their terrahost VPS and/or dedis but they also themselves have to stick to agreements made.
You are focusing (and insisting) on the wrong point. If this went to court, of bloody course the agreemnt with terrahost would be the relevant base, and any changes made by gigahost would be binding only if gigahost followed the relevant laws like e.g. notifying customers in time.
What would with quite high likelihood turn against gigahost is having "forgotten" to put parts of terrahost's TOS and/or changes to the TOS made by gigahost on their website and meeting all legal requirements.
A judge very likely would shrug and (if he is mean) ask gigahost what kind of management they have that such an "unintended mistake" could happen. Moreover he'd quite likely ask for common practice that is, whether gigahosts TOS is well within common practice and hence customers can be expected to have a good idea of what the rules are. In particular customer could argue that throttling is common practice and not sending unexpected high overcharge invoices, and even more so because gigahost made the "unintended mistake" of not putting that TOS clause on their website. THAT could and likely would turn against gigahost - not the question whether an agreement with terrahost still is valid.
Btw, on a personal note: I was and still am a big fan of terrahost/gigahost - one major reason being that they were very generous when taking over HostSolutions customers. Or in other words, gigahost definitely is not a greedy player using tricks to milk the last cent out of their customers. And I will not stand by idly if anyone tries to paint them as somehow evil.
Especially not after their statements here (which probably caused a nervous breakdown of their lawyer but clearly showed good will and a desire for honesty).
And you can be sure no notification at all was sent about this new ToS from the acquisition? You keep mentioning that like some kind of fact but it isn't a fact at all.
What's your definition of a legal successor and prove that it is.
Every company has the right to set its own terms. Terrahost had some terms. Gigahost had different terms. A customer has the right to accept the new terms or not (be a customer or not), when service is moving to a different provider.
Whoever has acquired the company (assets + liabilities etc).
My interest is not to somehow convince you but to understand what's going on and share my understanding with others here whose desire also is understanding rather than being right, no matter what.
Nor btw are you in a position to demand proof (or anything at that matter).
Have a nice day.
Im still here, and reading i didnt think the community would care, im glad people are seeing this.
I would have expected the VM to be throttled or capped, if anything suspended for being attacked with bandwidth from some source i have no idea of.
As for the chargeback, i simply can not take companys word for it and cancel it after all of this had to unfold like this, and i think the rate limiting/additional options implemented today is a good path for the company for the customer base.
There was no notification in regards to terms of service.
@gigahost has identified where there was a problem and fixed it. They have also offered a more than reasonable solution to the customer. Exactly what I would look for in a company which I would consider doing business with.
You present opinions as facts and when asked for proof of those facts deny providing them. Very strong argument, thoroughly impressed.
This is your responsibility. I recommend you check logs and add security where necessary going forward, whether you can work things out with gigahost or move on to someone else. It will continue to be a problem until you fix it no matter who you host with. If you don't have the time, ability, or inclination to care for an unmanaged server the you should look into managed hosting.
I am very impressed with how gigahost handled this. I wonder if someone new is on the handle because the whole attitude seems to be different, or maybe someone was having a bad day. They saw a problem and made improvements very quickly, and even made a public apology. Now no one else need go through what you did and the problem has been prevented before it happens again. I wouldn't hesitate to spend 7 dollars with them if I'm fortunate enough to catch a flash sale, or get a single use promo code in my DMs hint hint
Rest assured the refund will be sent as soon as the chargeback clears. We are not a summerhost.
The payment processor seem to indicate a very long time to resolution, as in months.
We would prefer to solve this as a refund.
Overage is for profit, just like "overdraft protection" fees on your checking account. They exist not for your benefit but to screw you while you look the other way. So don't look the other way.
@anon505 I’d be very surprised if they didn’t refund you if you cancel the dispute. Just make sure it’s a refund of the full $800 before cancelling.
@angstrom is it possible to get a nicer title? As Gigahost took action to prevent this in the future, I think there is no need to stay away from them.
So all the extra bandwidth you use will cost the provider nothing?
It's wacky how in spite of the bullshit charge, the doubling down on the non-existent terms being legitimate, the quick updating of the terms on the web to make it seem legitimate, and the quick emailing customers of the new terms, after they mea culpa it's all trust us bro we wouldn't rip you off and let's bury it.
Did none of that seem even vaguely dishonest? I felt like the topic was overkill until watching the sequence of events play out. Now it seems justified. I'm probably just weird though.
No need to modify the topic as I'm sure this will be tucked away in offtopic shortly.
Why would you use "extra" bandwidth? Either you buy a bucket of bandwidth (50TB, 100TB) or you pay by the meter like AWS ($x per TB). Overage/extra is scammy, like mobile carriers decades ago where you get 100 minutes free and $5 per minute overage... as if anyone would prefer to pay $5/minute instead of a dead cellphone.
Tbh your own example, AWS, sell products with x included & overages
AWS Lightsail