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A TOS DISPUTE with hostbrr, need help!

24567

Comments

  • deafcondeafcon Member

    @detavern said:

    @deafcon said:
    I think he made a deal with the scammer, took over the account, paid @labze for additional time, then the scammer took the account back over. If I were @labze I'd kill the account. I'd probably refund the money via paypal in an attempt to preserve my relationship with paypal because this dude surely is going to dispute, but there's no moral imperative to do this in my opinion.

    Yes, and that is what I expected at very beginning. And frankly speaking, there is a PayPal dispute undergoing now. @labze 's behavior of deleting the archive do raise the situation.

    Go back to nodeseek. Go on! Get!

    Thanked by 1Noct
  • detaverndetavern Member

    @mans_xd said:
    lmao, you decide to post this issue in the perfect place, i'm going to watch some funny today, about how you get scammed twice and try hard to plam on provider

    Well, well that may disappoint you, as my dispute with the scammer has already been resolved and I do not wish to share it here. However, if you do a little search, you may still be able to find relevant information.

  • layer7layer7 Member, Host Rep, LIR

    @detavern said:
    Hello,
    As I said, the situation is:

    • Yes, I paid the scammer privately
    • And, I also paid the invoice for the current billing period start from May 4 on April 28

    So I do have an contract with the provider.

    Hi,

    unfortunately that is probably not the case.

    IF the account change was forbidden by TOS ( does not matter that you could not see them, you never made an order with the provider ) OR refused by the provider ( change of contract partners is in fact subject to permission of the counter contract partner -- for all contracts everywhere on this planet i would say ) THEN you dont have a contract.

    Of course a contract partner has to agree that the contract is now with a new legal entity ( you as a person in this case ). Contracts are usually bindings between X and Y. If Y is replaced then X has to agree ( or at least has the right to refuse ). Thats default policy everywhere as far as i know -- any country.

    You do not have the agreement with the provider. The provider refuse to accept the replacement of Y with you.

    And thats where you and the provider never entered in a contractual relationship -- no matter that you paid the invoice.

    Again, in fact you paid the invoice for the scammer ^^; You paid his extension.

    So the best is: Get your money refunded by the provider ( if he does not want you as customer, he is not allowed to keep your money ). And thats it.

    No matter how sad this story is and i can fully understand your frustration and all, but honestly you choose to go into risk here and gamble when you had no confirmation that account ownership changes are allowed. That was your own fault. So learn from it and be happy that the amount you lost is not even bigger.

    If you can ( and want/need ) go against the scammer. Not against the provider. Its really not his fault. He really has nothing to do with all this story.

  • xHostsxHosts Member, Patron Provider

    Any details on the scammer? such as a name, maybe we would recognise it

    Thanked by 2nghialele rpqu
  • NoctNoct Member

    @detavern said:
    ...this evil cover-up?

    :D :D :D :D :D

    Thanked by 2nghialele mans_xd
  • mans_xdmans_xd Member

    @detavern said:

    @mans_xd said:
    lmao, you decide to post this issue in the perfect place, i'm going to watch some funny today, about how you get scammed twice and try hard to plam on provider

    Well, well that may disappoint you, as my dispute with the scammer has already been resolved and I do not wish to share it here. However, if you do a little search, you may still be able to find relevant information.

    bro you the one who put yourself in this position, why even you try to get a old deal in that way instead of transfer? it's not a safe method to trade anytime, take responsibility to your actions, don't try to play hard on ToS point, you are clearly play around this point

  • detaverndetavern Member

    @Noct said:

    @detavern said:
    ...this evil cover-up?

    :D :D :D :D :D

    Frankly speaking, I could not understand this behavior.
    If the provider think he could win the dispute, why he delete it?

  • detaverndetavern Member

    @xHosts said:
    Any details on the scammer? such as a name, maybe we would recognise it

    We already find out his alipay account and make a report.

  • rpqurpqu Member

    @detavern said:

    @xHosts said:
    Any details on the scammer? such as a name, maybe we would recognise it

    We already find out his alipay account and make a report.

  • detaverndetavern Member

    @layer7 said:

    @detavern said:
    Hello,
    As I said, the situation is:

    • Yes, I paid the scammer privately
    • And, I also paid the invoice for the current billing period start from May 4 on April 28

    So I do have an contract with the provider.

    Hi,

    unfortunately that is probably not the case.

    IF the account change was forbidden by TOS ( does not matter that you could not see them, you never made an order with the provider ) OR refused by the provider ( change of contract partners is in fact subject to permission of the counter contract partner -- for all contracts everywhere on this planet i would say ) THEN you dont have a contract.

    Of course a contract partner has to agree that the contract is now with a new legal entity ( you as a person in this case ). Contracts are usually bindings between X and Y. If Y is replaced then X has to agree ( or at least has the right to refuse ). Thats default policy everywhere as far as i know -- any country.

    You do not have the agreement with the provider. The provider refuse to accept the replacement of Y with you.

    And thats where you and the provider never entered in a contractual relationship -- no matter that you paid the invoice.

    Again, in fact you paid the invoice for the scammer ^^; You paid his extension.

    So the best is: Get your money refunded by the provider ( if he does not want you as customer, he is not allowed to keep your money ). And thats it.

    No matter how sad this story is and i can fully understand your frustration and all, but honestly you choose to go into risk here and gamble when you had no confirmation that account ownership changes are allowed. That was your own fault. So learn from it and be happy that the amount you lost is not even bigger.

    If you can ( and want/need ) go against the scammer. Not against the provider. Its really not his fault. He really has nothing to do with all this story.

    Despite the TOS dispute.

    Even I never entered in a contractual relationship with the provider.

    What makes me angry is that I did request a refund and provided:

    • The PayPal transaction details from PayPal’s side
    • The billing details from the provider’s side

    The provider offered me ZERO refund and ZERO alternative. As a result, I had no choice but to initiate a PayPal dispute.

    Additionally, the archived record on the Wayback Machine appears to have been removed, which led to this post.

  • xHostsxHosts Member, Patron Provider

    @detavern said:

    @xHosts said:
    Any details on the scammer? such as a name, maybe we would recognise it

    We already find out his alipay account and make a report.

    Share maybe his name here, people may already know him as a scammer or providers may want to watch his activity of doing the same on to them

    Thanked by 1detavern
  • layer7layer7 Member, Host Rep, LIR

    @detavern said:
    Despite the TOS dispute.

    Even I never entered in a contractual relationship with the provider.

    What makes me angry is that I did request a refund and provided:

    • The PayPal transaction details from PayPal’s side
    • The billing details from the provider’s side

    The provider offered me ZERO refund and ZERO alternative. As a result, I had no choice but to initiate a PayPal dispute.

    Additionally, the archived record on the Wayback Machine appears to have been removed, which led to this post.

    Hi,

    this is of course a no-go. A provider can not deny service AND keep the money at the same time if he claims that there is no contract between you and him. That is obviously wrong.

    So you have all right to complain about this.

    Simply initiate a dispute if he really does not want to give you the service he wants to keep the money for and remember for the future this experience when you choose your partners.

    I hope you can somehow get back your money from the scammer! Good luck with this!

    Thanked by 1detavern
  • detaverndetavern Member

    @xHosts said:

    @detavern said:

    @xHosts said:
    Any details on the scammer? such as a name, maybe we would recognise it

    We already find out his alipay account and make a report.

    Share maybe his name here, people may already know him as a scammer or providers may want to watch his activity of doing the same on to them

    Thank you for your help, current information I could share is

    TGID: 8682272071
    Email: [email protected]
    

    When it comes to real personal information, I understand that I may appear somewhat overreactive.

  • zejjntzejjnt Member

    @oloke said:
    @detavern aren't you also the OP of this Nodeseek discussion?

    https://www.nodeseek.com/post-730747-1

    and this one:
    https://www.nodeseek.com/post-721447-1

  • detaverndetavern Member

    @zejjnt said:

    @oloke said:
    @detavern aren't you also the OP of this Nodeseek discussion?

    https://www.nodeseek.com/post-730747-1

    and this one:
    https://www.nodeseek.com/post-721447-1

    Maybe ;)

  • zejjntzejjnt Member

    lmao FOUR damn pages of y'all seething.








    And I forgot to buy popcorn -.-

    Thanked by 1JasonM
  • detaverndetavern Member

    @zejjnt said:
    lmao FOUR damn pages of y'all seething.








    And I forgot to buy popcorn -.-

    uhu, you are really the person to blow things up

    :) :) :)

  • NoctNoct Member

    @detavern said:

    @Noct said:

    @detavern said:
    ...this evil cover-up?

    :D :D :D :D :D

    Frankly speaking, I could not understand this behavior.
    If the provider think he could win the dispute, why he delete it?

    A most dastardly, sickening, morally crooked, reprehensible, evil cover-up with machinations to extract from you the princely sum of $13.50? The fiends!

    Thanked by 1zejjnt
  • detaverndetavern Member

    @Noct said:

    @detavern said:

    @Noct said:

    @detavern said:
    ...this evil cover-up?

    :D :D :D :D :D

    Frankly speaking, I could not understand this behavior.
    If the provider think he could win the dispute, why he delete it?

    A most dastardly, sickening, morally crooked, reprehensible, evil cover-up with machinations to extract from you the princely sum of $13.50? The fiends!

    Sorry, the amount is most irrelevant here.

  • rpqurpqu Member

    @Noct said:

    @detavern said:

    @Noct said:

    @detavern said:
    ...this evil cover-up?

    :D :D :D :D :D

    Frankly speaking, I could not understand this behavior.
    If the provider think he could win the dispute, why he delete it?

    A most dastardly, sickening, morally crooked, reprehensible, evil cover-up with machinations to extract from you the princely sum of $13.50? The fiends!

    LowEndTheft

    Thanked by 3zejjnt Killix mans_xd
  • labzelabze Member, Patron Provider
    edited May 15

    Kudos for actually having the balls the post this on LET. Mostly when someone threatens with this, it never happens.

    I do symphatize with your situation, you are clearly being scammed. But you making a poor decision to purchase an account rather than buying a service transfer is not something I should be held accountable for.

    You open a ticket from a e-mail with no related active services. You admit, you've made a purchase of an account from another person. You pay for a service that is already active on the account, effectively renewing it. Halfway through the subscription the prior owner revokes your access to the account and the VPS.

    Then I get asked to provide a full refund for a service that has been provided and still is active, because you've made a poor decision. I call this a poor decision not only because you've purchased an account but also because you apparently haven't secured your account after receiving it.

    I could spend hours playing detective to check whether or not this is all true, or just some poor attempt to receive a refund. But that is simply not my job.

    But in the end from the business perspective, the service which has been paid for has been and still is being provided for the paid period.

    This case is not much different to someone being hacked. We aren't responsible for the safety of your account, and you have no right to dispute a payment just because you've lost access to it entirely due to your own lack of security. All the neccessary tools to prevent this situation is available, such as changing passwords and enabling 2FA.

  • JabJabJabJab Member

    @labze said: But in the end from the business perspective, the service which has been paid for has been and still is being provided for the paid period.

    But seems like PayPal chargeback was successful so maybe it's not paid anymore?
    or they decided to pay themselves but woah, that would be crazy.

    Please double check it so you don't deadpool and my amazing deal will continue to work, thanks!

  • yoursunnyyoursunny Member, IPv6 Advocate

    @labze said:
    But that is simply not my job.

    The ToS link returning Invalid SSL certificate (Error code 526) is a valid concern.
    Please fix it, that's your job.

  • qianiqanqianiqan Member

    If you just renewed your subscription, @labze should indeed issue a full refund. The bill was for $13.50, plus an $8 PayPal fee. That was definitely not a wise decision.

    P.S.: It’s clearly stated on the website’s Terms of Service (TOS) page.
    Obviously, the TOS page is currently unavailable.

  • detaverndetavern Member

    @labze said:
    Kudos for actually having the balls the post this on LET. Mostly when someone threatens with this, it never happens.

    I do symphatize with your situation, you are clearly being scammed. But you making a poor decision to purchase an account rather than buying a service transfer is not something I should be held accountable for.

    You open a ticket from a e-mail with no related active services. You admit, you've made a purchase of an account from another person. You pay for a service that is already active on the account, effectively renewing it. Halfway through the subscription the prior owner revokes your access to the account and the VPS.

    Then I get asked to provide a full refund for a service that has been provided and still is active, because you've made a poor decision. I call this a poor decision not only because you've purchased an account but also because you apparently haven't secured your account after receiving it.

    I could spend hours playing detective to check whether or not this is all true, or just some poor attempt to receive a refund. But that is simply not my job.

    But in the end from the business perspective, the service which has been paid for has been and still is being provided for the paid period.

    This case is not much different to someone being hacked. We aren't responsible for the safety of your account, and you have no right to dispute a payment just because you've lost access to it entirely due to your own lack of security. All the neccessary tools to prevent this situation is available, such as changing passwords and enabling 2FA.

    How interesting it is?
    When someone threaten me with "input your IP and email into MaxMind and Fraudrecords" first, then says I threaten you open to the public?

  • detaverndetavern Member

    @labze said:
    Kudos for actually having the balls the post this on LET. Mostly when someone threatens with this, it never happens.

    I do symphatize with your situation, you are clearly being scammed. But you making a poor decision to purchase an account rather than buying a service transfer is not something I should be held accountable for.

    You open a ticket from a e-mail with no related active services. You admit, you've made a purchase of an account from another person. You pay for a service that is already active on the account, effectively renewing it. Halfway through the subscription the prior owner revokes your access to the account and the VPS.

    Then I get asked to provide a full refund for a service that has been provided and still is active, because you've made a poor decision. I call this a poor decision not only because you've purchased an account but also because you apparently haven't secured your account after receiving it.

    I could spend hours playing detective to check whether or not this is all true, or just some poor attempt to receive a refund. But that is simply not my job.

    But in the end from the business perspective, the service which has been paid for has been and still is being provided for the paid period.

    This case is not much different to someone being hacked. We aren't responsible for the safety of your account, and you have no right to dispute a payment just because you've lost access to it entirely due to your own lack of security. All the neccessary tools to prevent this situation is available, such as changing passwords and enabling 2FA.

    Only if you have a look at any screenshot, you may see emails from both billing and control panel. That simply proved that I have access to both site right?

    Plus, I regenerate the random password after receiving it. How likely could someone hacked to an account protected with a random password?

  • NET18NET18 Member

    This MJJer, trying to save a few bucks, bought discounted products through unofficial channels and got scammed. Instead of going after the seller, they unreasonably tried to cause trouble for the merchant—truly a joke.

  • labzelabze Member, Patron Provider

    @detavern said:

    @labze said:
    Kudos for actually having the balls the post this on LET. Mostly when someone threatens with this, it never happens.

    I do symphatize with your situation, you are clearly being scammed. But you making a poor decision to purchase an account rather than buying a service transfer is not something I should be held accountable for.

    You open a ticket from a e-mail with no related active services. You admit, you've made a purchase of an account from another person. You pay for a service that is already active on the account, effectively renewing it. Halfway through the subscription the prior owner revokes your access to the account and the VPS.

    Then I get asked to provide a full refund for a service that has been provided and still is active, because you've made a poor decision. I call this a poor decision not only because you've purchased an account but also because you apparently haven't secured your account after receiving it.

    I could spend hours playing detective to check whether or not this is all true, or just some poor attempt to receive a refund. But that is simply not my job.

    But in the end from the business perspective, the service which has been paid for has been and still is being provided for the paid period.

    This case is not much different to someone being hacked. We aren't responsible for the safety of your account, and you have no right to dispute a payment just because you've lost access to it entirely due to your own lack of security. All the neccessary tools to prevent this situation is available, such as changing passwords and enabling 2FA.

    How interesting it is?
    When someone threaten me with "input your IP and email into MaxMind and Fraudrecords" first, then says I threaten you open to the public?

    I am j> @detavern said:

    @labze said:
    Kudos for actually having the balls the post this on LET. Mostly when someone threatens with this, it never happens.

    I do symphatize with your situation, you are clearly being scammed. But you making a poor decision to purchase an account rather than buying a service transfer is not something I should be held accountable for.

    You open a ticket from a e-mail with no related active services. You admit, you've made a purchase of an account from another person. You pay for a service that is already active on the account, effectively renewing it. Halfway through the subscription the prior owner revokes your access to the account and the VPS.

    Then I get asked to provide a full refund for a service that has been provided and still is active, because you've made a poor decision. I call this a poor decision not only because you've purchased an account but also because you apparently haven't secured your account after receiving it.

    I could spend hours playing detective to check whether or not this is all true, or just some poor attempt to receive a refund. But that is simply not my job.

    But in the end from the business perspective, the service which has been paid for has been and still is being provided for the paid period.

    This case is not much different to someone being hacked. We aren't responsible for the safety of your account, and you have no right to dispute a payment just because you've lost access to it entirely due to your own lack of security. All the neccessary tools to prevent this situation is available, such as changing passwords and enabling 2FA.

    How interesting it is?
    When someone threaten me with "input your IP and email into MaxMind and Fraudrecords" first, then says I threaten you open to the public?

    I hope you can see that you aren't getting the support from others you might have hoped for.

    Of course I will report your PayPal account to prevent similar fraud happening to other providers.

    I am quite sure that this dispute will end in your favor. PayPal will likely refund you at no cost to me. And that's fine, you get your money back. But that'll likely also encourage you to do this stunt again, so I am just taking precautions for others.

  • JasonMJasonM Member

    OP, in any case even if TOS is available online or not I would rather first submit the ticket to the provider if account/service migrations is allowed or not. Many a times such things are not included in TOS. Many hosts include it too. So better open ticket and ask. If they don't allow they'll let you know. simple as that.

    Thanked by 3zejjnt qianiqan tux
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