CloudAtCost Turning to Extortion
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@Dashrender said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
In cases like this it's challenging, because it's not just a thing in your presence, it's something you're using that 100% depends on someone else to manage/maintain it.
Only challenging in that you have no physical recourse, you are left only with the court system. It's clear cut that you bought and paid for a service and they chose not to deliver the paid for service after they took off with the money.
It's it hosted in Canada? which makes it just that much harder to sue over.
Yes, it's Fibernetics, a Canadian ISP. Another reason to be wary of doing business in Canada.
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@scottalanmiller said in CloudAtCost Turning to Extortion:
@DustinB3403 said in CloudAtCost Turning to Extortion:
@RojoLoco said in CloudAtCost Turning to Extortion:
This bugs me so much that I actually posted on FB about it, with some links to ML posts. So now I have a pic of @scottalanmiller 's face on my FB wall.
I have an account, but haven't used it in years. This (ML) is as much social media as I think I need.
Some day they might close your account because you aren't paying the annual fee
I'd better be careful.. cause there is so much important information on my FB page that I couldn't live without. ..
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@DustinB3403 it's not like anyone sees my FB posts (all 1 or 2 per year), but I also posted some article links on C@C's page. Y'all know I'm all about the name and shame.
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@scottalanmiller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
In cases like this it's challenging, because it's not just a thing in your presence, it's something you're using that 100% depends on someone else to manage/maintain it.
Only challenging in that you have no physical recourse, you are left only with the court system. It's clear cut that you bought and paid for a service and they chose not to deliver the paid for service after they took off with the money.
It's it hosted in Canada? which makes it just that much harder to sue over.
Yes, it's Fibernetics, a Canadian ISP. Another reason to be wary of doing business in Canada.
You know...it's not like you're doing business with a company in North Korea. Lmao. You'd find that in many cases, the laws here don't differ greatly than the US. Except that a US address does make seeking legal action a bigger p.i.t.a.
I do smell a class-action lawsuit coming for this change in their ToS. Will be interesting to watch. I also got caught up in the one-time cost but hadn't used it in forever, simply because it's completely unusable, and just chalk it up to a good lesson.
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@Dashrender said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
In cases like this it's challenging, because it's not just a thing in your presence, it's something you're using that 100% depends on someone else to manage/maintain it.
Only challenging in that you have no physical recourse, you are left only with the court system. It's clear cut that you bought and paid for a service and they chose not to deliver the paid for service after they took off with the money.
It's it hosted in Canada? which makes it just that much harder to sue over.
I have a truck, a baseball bat, spray paint etc and I'm willing to drive long distances to... express frustration... for a fee
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@scottalanmiller said in CloudAtCost Turning to Extortion:
@RojoLoco said in CloudAtCost Turning to Extortion:
@DustinB3403 said in CloudAtCost Turning to Extortion:
@gjacobse said in CloudAtCost Turning to Extortion:
Q: What if I found a way to use my services without agreeing to the Terms of Service, can you still legally charge me?
A: Yes, circumventing intended use is a violation of our Terms of Service, and is grounds for termination. However, our Terms of Services also state, "EACH TIME THE CUSTOMER USES THIS SITE OR THE SERVICES, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE".haha. . .
Yeah... I'm never using CloudAtCost
"Our Ts and Cs have changed so that we can try to extort money from everyone who visits our site. Would you like some info on our premium plans?"
I don't think that Ts and Cs can apply to things already sold. That's like Chevy coming into your garage and repo'ing your car after you completely paid it off and have owned it for years.
You know that's an issue still in court right??
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@MattSpeller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
In cases like this it's challenging, because it's not just a thing in your presence, it's something you're using that 100% depends on someone else to manage/maintain it.
Only challenging in that you have no physical recourse, you are left only with the court system. It's clear cut that you bought and paid for a service and they chose not to deliver the paid for service after they took off with the money.
It's it hosted in Canada? which makes it just that much harder to sue over.
I have a truck, a baseball bat, spray paint etc and I'm willing to drive long distances to... express frustration... for a fee
Could have a bidding war for those services. They are practically in my backyard
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@NashBrydges said in CloudAtCost Turning to Extortion:
@MattSpeller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
In cases like this it's challenging, because it's not just a thing in your presence, it's something you're using that 100% depends on someone else to manage/maintain it.
Only challenging in that you have no physical recourse, you are left only with the court system. It's clear cut that you bought and paid for a service and they chose not to deliver the paid for service after they took off with the money.
It's it hosted in Canada? which makes it just that much harder to sue over.
I have a truck, a baseball bat, spray paint etc and I'm willing to drive long distances to... express frustration... for a fee
Could have a bidding war for those services. They are practically in my backyard
Split it with you 50/50 and I'll give ya a lift and all the darts you can smoke on the way bud
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@Kyle said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@RojoLoco said in CloudAtCost Turning to Extortion:
@DustinB3403 said in CloudAtCost Turning to Extortion:
@gjacobse said in CloudAtCost Turning to Extortion:
Q: What if I found a way to use my services without agreeing to the Terms of Service, can you still legally charge me?
A: Yes, circumventing intended use is a violation of our Terms of Service, and is grounds for termination. However, our Terms of Services also state, "EACH TIME THE CUSTOMER USES THIS SITE OR THE SERVICES, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE".haha. . .
Yeah... I'm never using CloudAtCost
"Our Ts and Cs have changed so that we can try to extort money from everyone who visits our site. Would you like some info on our premium plans?"
I don't think that Ts and Cs can apply to things already sold. That's like Chevy coming into your garage and repo'ing your car after you completely paid it off and have owned it for years.
You know that's an issue still in court right??
They can't repo it, though.
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@MattSpeller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@Dashrender said in CloudAtCost Turning to Extortion:
In cases like this it's challenging, because it's not just a thing in your presence, it's something you're using that 100% depends on someone else to manage/maintain it.
Only challenging in that you have no physical recourse, you are left only with the court system. It's clear cut that you bought and paid for a service and they chose not to deliver the paid for service after they took off with the money.
It's it hosted in Canada? which makes it just that much harder to sue over.
I have a truck, a baseball bat, spray paint etc and I'm willing to drive long distances to... express frustration... for a fee
A car will give you better gas mileage.
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@scottalanmiller said in CloudAtCost Turning to Extortion:
@Kyle said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@RojoLoco said in CloudAtCost Turning to Extortion:
@DustinB3403 said in CloudAtCost Turning to Extortion:
@gjacobse said in CloudAtCost Turning to Extortion:
Q: What if I found a way to use my services without agreeing to the Terms of Service, can you still legally charge me?
A: Yes, circumventing intended use is a violation of our Terms of Service, and is grounds for termination. However, our Terms of Services also state, "EACH TIME THE CUSTOMER USES THIS SITE OR THE SERVICES, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE".haha. . .
Yeah... I'm never using CloudAtCost
"Our Ts and Cs have changed so that we can try to extort money from everyone who visits our site. Would you like some info on our premium plans?"
I don't think that Ts and Cs can apply to things already sold. That's like Chevy coming into your garage and repo'ing your car after you completely paid it off and have owned it for years.
You know that's an issue still in court right??
They can't repo it, though.
it's there already some trash talk from elon musk about he owns the software in your telsa, not you? So what stops them from turning off the software?
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@Dashrender said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@Kyle said in CloudAtCost Turning to Extortion:
@scottalanmiller said in CloudAtCost Turning to Extortion:
@RojoLoco said in CloudAtCost Turning to Extortion:
@DustinB3403 said in CloudAtCost Turning to Extortion:
@gjacobse said in CloudAtCost Turning to Extortion:
Q: What if I found a way to use my services without agreeing to the Terms of Service, can you still legally charge me?
A: Yes, circumventing intended use is a violation of our Terms of Service, and is grounds for termination. However, our Terms of Services also state, "EACH TIME THE CUSTOMER USES THIS SITE OR THE SERVICES, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE".haha. . .
Yeah... I'm never using CloudAtCost
"Our Ts and Cs have changed so that we can try to extort money from everyone who visits our site. Would you like some info on our premium plans?"
I don't think that Ts and Cs can apply to things already sold. That's like Chevy coming into your garage and repo'ing your car after you completely paid it off and have owned it for years.
You know that's an issue still in court right??
They can't repo it, though.
it's there already some trash talk from elon musk about he owns the software in your telsa, not you? So what stops them from turning off the software?
Because owning the software and turning it off are not the same thing. J K Rowling owns Harry Potter, not you. But she can't take back a book that she sold to you. This is a standard licensing thing that has been around for centuries. It doesn't change just because it is a car. Taking back that which is sold is theft.
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Did the original terms sheet, or whatever you agreed to when building a server have the line "prices subject to change" or something like that?
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@Texkonc said in CloudAtCost Turning to Extortion:
Did the original terms sheet, or whatever you agreed to when building a server have the line "prices subject to change" or something like that?
That is something that would have to be investigated.
But to sell something for a one time flat fee is identical to you purchasing a car for a flat fee, then finding out in order to continue to use the car 3 years from now you have an annual force maintenance fee. Which if you refuse to pay, the dealership takes your car away from you.
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@Texkonc said in CloudAtCost Turning to Extortion:
Did the original terms sheet, or whatever you agreed to when building a server have the line "prices subject to change" or something like that?
Price can't be subject to change as the price was already paid. It's something you already own. Not something you continue to buy.
You can't say French fries for $1. The. After you pay and eat them say... and now $5 more. The deal, the transaction is past.
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@DustinB3403 said in CloudAtCost Turning to Extortion:
@Texkonc said in CloudAtCost Turning to Extortion:
Did the original terms sheet, or whatever you agreed to when building a server have the line "prices subject to change" or something like that?
That is something that would have to be investigated.
But to sell something for a one time flat fee is identical to you purchasing a car for a flat fee, then finding out in order to continue to use the car 3 years from now you have an annual force maintenance fee. Which if you refuse to pay, the dealership takes your car away from you.
Exactly. It's flat theft.
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What's worse is they are demanding payment within 24 hours AND they have NOT sent an invoice! Combine that with this quote from their email: If this invoice is not paid your service will be put in to a suspended state and deleted.
^ They're all hallmarks of an extortion racket.
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I'm closing my account. I almost never used it.
I'd switch on my VPS, reboot it a few times and then turn it off.Every few (ok, more like 6-8) months I'd toast and rebuild the VPS to see if they'd improved (build times mainly)... NOPE! Still takes 15-20 minutes (it's been a while. I forget the exact times.) from kick off to usable. Are they coding it by hand?
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I joined the ML bandwagon but never actually used it. I just paid my money and then forgot about it.
I only remember it when I got an e-mail this morning:
Hello,
I would like to thank you for choosing us to host your servers.
As we value your business it is important to keep your account up to date.
You currently have an invoice that has not been paid.I'm glad they don't have my bank details! I've never heard of a company just randomly deciding to invoice someone.