Re: blaming the victims
Originally posted by allanh
I guess it is always easier for someone to blame the victims (the clients in this case).
Don't forget, the hosts are BREAKING THE LAWS by stealing the client's money. The client did nothing wrongly legally by signing up with an offer.
Yes, the client can be more cautious and smarter. But in both legal and ethical terms, the host is the one that's SOLELY responsible.
May be so, but if anyone took the matter to court, and for a $10 plan (that would just show me how stupid people are) the host would slap the AUP/ToS into it for I donno, resource abuse and have a better chance of winning. The customer may be able to use 65 GB/month, but not 75% of the servers resources to push the 65 GB/month. Who can really say if the site used 75%, the host. And if you take em to court, they will lie all the way because if they have to lie to get you as a customer, chances are they will lie to win.
I don't really think they are breaking any laws as a good ToS/AUP would solve that matter very fast. Look at rackshacks ToS/AUP. If you get crappy service, and issue a chargeback, they bill you another $50 (if I recall correctly).
Right from the gisol.com ToS..
Provider reserves the right to refuse service to anyone at any time. Provider reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem / disturbances.
Now, they can
LEGALLY take your money, and close your account! So much for the law... If I were the host, all I would have to say is "The site caused the server to slow down due to the traffic, so we closed the account for a violation of our ToS".
And this is why I BLAME THE CUSTOMER!!! Unless your willing to spend $1,000's to win, do your homework! The law is kindy funny, and the ToS makes it more fun. Mostly because you enter into an agreement to screw yourself if something goes bad. All they do is "loop" the law so the odds are on THEIR side and that's nothing new!!
Don't forget this one (also from the gisol.com ToS)..
"Global Internet Solutions does not issue refunds for any of its services." Again, they can
LEGALLY cancel your account and KEEP the money!! But this term also goes into more detail i.e. if you pre-pay for a year, you
MAY get a refund.