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DonHost reseller's customers

Originally posted by andytandoc


it wouldn't be legal if they kicked me off their servers.... when i signed up with yupapa i wasn't informed of any TOS or AUP. Damn bas*ards
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The reseller should have told you.

By him signing up he has agreed and understands the terms and conditions and AUP. and also will include there terms in his terms.

So if he has NOT included it in his terms its his fault if they delete his account or any account on his account.

IF you have any problems / questions / quireys - just e-mail IAN @ donhost.
 
YUPAPA has an AUP up on the paid hosting page now.


[edit]
btw what's "AUP" stand for? :eek:
 
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AUP = Acceptable Use Policy

i signed up via email... that is why i was not informed of any TOS or AUP
 
Originally posted by andytandoc
it wouldn't be legal if they kicked me off their servers.... when i signed up with yupapa i wasn't informed of any TOS or AUP. Damn bas*ards
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And this is Donhost's fault...how exactly?

We've been associated with Donhost for months. No problems whatsoever. We have many clients who insist we never sever ties with Donhost, even though we now have our own range of servers.

We've never hidden our "reseller" status with any of the four reseller services we have used over the years. Our clients are fully aware that they are using a shared environment, and are subject to an AUP over our own for those plans.

But the actual Donhost AUP is right there all the time, in the control panel, for all end-users to see. And they can and do enforce it.

Cheers

Gary
 
Originally posted by YUPAPA
:hurt2:
I NEED SOME FUN RACING!!!! to buy a DADDY SERVER!
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Um...why are ~90% of your posts off-topic?

Anyhoo, DonHost just sucks. You can't defeat public opinion. Besides, 15 pounds a gig is overkill for trasnfer charges.
 
Originally posted by Satelk
Yeah, our site(it's mine and LAH's) is about 'hacks'(mods) for burning board and they deleted it, they didn't even let us get a backup of the database or files.
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Satelk, this is from our favourite lawyer Judith Gran, active in trekfandom for years. She wrote this for fanfic site owners who were victims of the tripod massacre last spring. I hope this helps in any way.


Attention Tripod Victims -- Tripod MUST restore your deleted material IF you provide Tripod with appropriate notification pursuant to the Digital Millenium Copyright Act of 1998 (hereinafter DMCA). Details below.

I've been away from ASCEM for some time and found out about the Tripod massacre somewhat belatedly. If it's true that Tripod is taking down fan fic sites on the ground that they violate the intellectual property rights of the copyright owners, it's important that you know your own rights under the
DCMA.

Tripod's TOS states that: "Upon receipt of notices complying or substantially complying with the DMCA, the Lycos Network will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing."

So far, so good. The DCMA does require online service providers to "respond [ ... ] expeditiously to remove, or disable access to, [ ... ] material (posted by subscribers) that is claimed to be infringing" upon receipt of proper notice. This is called the "notice and take-down" provision of the DCMA. BUT the legislation also includes a "notice and put-back" provision that is equally
binding on the ISP. Further the take-down obligation is subject to important conditions. The ISP can't simply act as judge and jury and decide for itself whether the material is infringing. It MUST restore your material upon receipt of a proper counter-notification. Here's what the law provides:

(1) The ISP can remove or disabled allegedly infringing site ONLY upon receipt of a written communication made under penalty of perjury from a person authorized to act for the owner of the intellectual property right. The communication must state the facts of the alleged infringement with particularity.

(2) The ISP may be liable to the subscriber for taking down his or her material if the ISP has not taken "reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material."

(3) The subscriber may send the ISP a counter-notification identifying the material that was removed and stating that the subscriber believes in good faith that the material was removed by mistake.

(4) Upon receipt of the counter-notification, the ISP has 14 days to restore the deleted material. However, it must also notify the entity that originally complained of infringement and give that entity 10 days to seek a court order against the subscriber.

Since the copyright owners of Star Trek and most other sources of fan fic have never taken legal action to enjoin the production of fan fiction, it seems to me there is little risk that Viacom would take this step. But obviously, it is for each of us to decide what risks we wish to take. My suspicion is that given the wholesale nature of Tripod's action, it did not have proper notification from a copyright owner in the first place.

Should you wish to provide counter-notification to Tripod, here, from the DCMA section 512(g)(3), is what a counter-notification needs to contain:

under this subsection, a counter notification must be a written
communication provided to the service provider's designated
agent that includes substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Note: to make a statement "under penalty of perjury," you simply have to preface or end it with a statement such as, "I, Mary Sue Truefan, declare under penalty of perjury that the following (or foregoing) is true to the best of my knowledge, information and belief."

The "mistake" involved is the conclusion that the material constitutes copyright infringement. You could state that you believe in good faith that you have made only "fair use" of copyrighted materials, that your work is free and noncommercial, and that your stories are original, creative works in
their own right.

Judith Gran

If I got the whole thing right, it means that the host cannot simply delete a website for violating TOS/AUP. If you write them a letter stating that you thought you did not violate it, they have to restore your site or at least email you the latest backup files.

Any host correct me if I'm wrong. I'm tired and slow at thinking.

trekchick
 
ok, i have recently moved by house and i have no connection for about 1 and a half week becuz my isp have to do something to my cable point before I can use...but before that 1 and a half week with no connection, I have already sent an email to DonHost customer care but until now, I still have no replies from them! damn damn damn! if i would have read more and know earlier that DonHost are lamers, then I will have stay away from them and make more backups before they delete my account for nothing... :cry2:
i think they ain't going to reply me and they have no reason why my account was frozen as I didn't upload any .exe programs or warez, juz a few cgi and php scripts, no downloads, no illegal stuffs...juz answers and tips for a game!
Now what I care are my files and the data in the mysql database... :( :cry2: :( :cry2: :( :cry2: :(
 
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