isn't HOST doing Unfair?

[phparion]

Hi

recently I have been through a bad incedent. I had made a site for a customer which was a portal sort of thing. he was also offering some Free Music and Books for download and that was totally non-commercial idea and unlike many portals there was no appeal to DONATE even?

then a week ago he got an email from the HOST that a person has claimed copyrights infringement thing and therefore they have blocked his site and he must delete the reported stuff from his site to re-activate his website. but at the same time they also blocked his access to his control panel, so how can he delete those reported files from his space as he is not allowed to login to his C-Panel?
and He has sent many emails to HOST that he accepts his mistake and that was unintentional he will delete the contents reported and would take care in future. BUT HOST is not even answering his emails......

Dont you think that this HOST is doing UN-Fair? I really want your thoughts on this.

Thanks

[Leosghost]

He doesn't need to access cpanel to delete objects from his site as that is done via an ftp program from the site root ..

He cannot "distribute" stuff that does not belong to him and or for which he is not the owner of the copyright ..the fact that he doesn't ask money etc makes no difference he was probably breaking lots of laws and risking his hosts business aswell ..

His host is doing the right thing ..and is not being unreasonable ..

based upon what you explained ..

[phparion]

The FTP access has also been blocked. and I think tha in all circumstances the HOST must give customer a chance for explanation instead of right a way blocking his site, anyway, well he is accepting his mistake and has emailed many times to HOST why are not the answering to him. DO you this this is also right from HOST?

what would be the solutions to this by the way.

[Leosghost]

Sounds like the host considers he was a "warez" site ..apparently with good reason ..doubt if his contract with the host said he could do warez probably said specifically he couldn't ..sounds like host is acting correctly ..and has better things to do than spend time writing to the owner of a warez site hosted on his machine .

Host is under no moral or legal obligation to reply or refund or whatever ..I sure wouldn't :)

accepting his mistake sounds more like admitting guilt and asking for a second chance ..why give the theif of other peoples stuff the second chance? ..cos he said sorry ..he has to take his lumps ..

and next time somewhere else ..be correct ..

[phparion]

i am afraid, I disagree with you on this, because when he was buying package he asked clearly from HOST that he would offer some free music and books do u have nay problem they SAID NO DO IT WHATEVER U WANT ITS YOUR SPACE. yea yea coz that time they were about to lose a customer.... some bucks. ........ anyway, lets get to the solution of it,
what do you thing what can be its solutions now?

he has paid a good deal to get one year big space package. how can this be solved between the customer and HOST.

[Leosghost]

he asked clearly from HOST that he would offer some free music and books do u have nay problem

bet he didn't say they wouldn 't be his property or copyright tho ;)

read his hosters TOS ..I'll be surprised if the host is acting wrongly..

whats he gonna do ..go to the cops or the the BBB :) doubt it ..

[phparion]

o yea you have a very good sense of humour, but it was not the right answer :D.
com'on sir, this is how i gonna learn from my seniors like you. please tell me how can we solve this issue, atleast how to recover this package and domain name?

pls take my side not host's :D. just kidding. pls tell the process to recover our package and domain name,,,
thanks

[Leosghost]

The answer you want isn't possible ..you are gonna have to accept your ex hosts decision not to communicate with you further ..at least now you did own up here that it was you and not your "friend" ..

If you are new to all this you learned a valuable lesson early ..build a different site elsewhere using your own stuff only ..

thats real advice ..anything else would be insincere of me ..

"senior "here is just a variation on post count ..doesn't equate with wise ..does mean though that usually we have seen things before ..you need to move on to make another site ..

If you keep hustling your ex host they may report you to the authorities where you are or pass your entire site to the other guys lawyers ..

if you are the registered owner of the dom name and you did it through the host and they will not let you move it to another you could start a dispute proceedure with the ICAAN ..but that might just annoy your ex host enough to make 'em mad ..you could get your name back and also a law suite from the other guy with proof etc delivered to your home ..

your decision ..I would eat craw and walk away feeling lucky that I got off light..

[phparion]

hmm. i like your realistic answer just let me make one small note, its not me who own the package its one of my very good customer, i made that portal for him thats it, and as i am not as experienced as you are thats why i didnt know how to deal with situations like this, therefore i was curious to know that what can be happened in this case.

anyway, thanks for your time and continous replies, i really appreciate it.

thanks again.

[Easy_Coder]

One hard lesson you unfortunately learned here is to make backups of everything you develop. Especially when it comes to paying customers... customers can and do get into trouble and they lose source code files.

[Leosghost]

at least now you did own up here that it was you and not your "friend"

Sorry ..I miss read your post there ..

Advice for yourself ..when making a site always get the folks to sign a paper / contract ( even if it's your brother or your Ma ) that says they own all the materials they provide and all copyrights ..that way "you" cover your a$$ if it all goes pear shaped ..

the rest you are welcome ..everyone had to start somewhere ..this place is here to give as well as get ..

sorry for the late reply ..my dsl went down at exactly 18.43 CET

[phparion]

Hmm, one thing the fellow mentioned here that customer asked me too, is he has lost the information of users in online database, can i demand HOST to send us the DB details and let us save other files from our space?

[Leosghost]

( I take the time to make dinner each evening and not to worry about anything internet..so another delay in posting )..
Answer = NO ..you cant "demand" anything!..read what I said about hassleing your ex hoster and really understand it!
Your client and maybe yourself whilst wanting maybe to get some "cred" as darkside need to understand "know when to fold", "tutorials" , "lamers" , "smile in the dark" and other things ..and now if you didn't get it.. via con dios ..look towards new things .

[vincevincevince]

Lawman has provided all the best advice. For my part I'd just like to suggest telephoning your webhost. Not repeatedly, but try it once. Sometimes discussing something in that way can lead to a more rapid solution.

The domain name should not be 'held' by your webhost - if it is then you have learnt a valuable lesson. Get the domain name in your user's name and with his/her email address for contact in the future.

[steve40]

phparion
I would do as others have suggested and phone or use snailmail to communicate with host , I would be carful in the way you or " your friend " deal with them as others have said hosting companies when Pi### off could cause more trouble than you would want also as you created the site you could find yourself included in any further action ,and could do you and your friend long term damage in any internet ventures you undertake in the future .
You may not like these words but "you and your friend" STOLE intellectual property from un-named person and the consequences can be much worse that what has happened at this time.

I am afraid many webmasters me included ( when it can proved ownership of the original material ) now put blatent infringements of content copywrite violations including content music and other media directly to lawyers who are learning to deal with these issues much better

and the easiest target to go for if DCMA is not acted on is the hosting company so they have the most to lose

steve

[lawman]

Thanks for the credit vincevincevince. I also was the first to climb Mt. Everest and the first to run a four minute mile. :)

lawman aka Leosghost

[phparion]

hmm, now i think i better step back from the issue :D. however I will ask the customer to call them and discuss the issue with them "politely" :). see if he can recover his DB info atleast.
anyway,
thanks for so much help and wise words.
thanks again

[Easy_Coder]

any chance you can snag stuff from google cache if all else fails? at least that would give you a static representation of someting...

[phparion]

my customer has settled down with HOST on this issue and they are agree to recover the package after getting a proper DCMA from customer.

thanks guys for your support and wise words on this issue.