Suspended

[454972]

My site was suspended due to a violation of TOS. I would like the suspension lifted temporarily so I can retrieve my files and move to a new host. If this is possible, please let me know. There are several files/documents I do not wish to lose.

 

[leafypiggy]

"Xxx material do not unsuspend."

Sorry, ToS Violations are a ZERO tolerance policy. You will NOT be able to recover your files. Do NOT pass go. Do NOT collect $500.

 

[Livewire]

As this is a very severe TOS violation (ranks up there with warez and phishing, XXX material is NOT TOLERATED AT ALL), you will not be unsuspended for any reason. Your account is in the termination queue to be erased, and that's pretty much it.

X10 also has it listed in the TOS that you're responsible for your own backups, so if you don't have backups of the files you don't want to lose, that's nothing x10 is obligated to help with (and in my professional opinion, they shouldn't have to - you broke the TOS, not them).

Edit: Aaaand beaten to it by 2 minutes. Second time this week that's happened!

 

[454972]

I just want to make sure this is understood. x10hosting.com is refusing to return my property?

 

[Livewire]

I just want to make sure this is understood. x10hosting.com is refusing to return my property?

If you would prefer one of us can escalate this to the staff section so they can handle it, although you will get the same answer.

The fact of the matter is you put the files on x10hosting to utilize its hosting services, which have been discontinued because you -broke- the TOS for its hosting services. Backups are your responsibility, and x10's not liable for anything that gets lost/destroyed because you don't have backups and your TOS violating site is being terminated.

 

[leafypiggy]

The material in question (your "property"), being material that is in possession of x10hosting, and being material that is in violation of x10hosting's servers, is not property that is needed to be returned to you. By signing up for your account, you signed a contract saying that you wouldn't violate the Terms of Service set forth by x10hosting.


Your material will NOT be returned to you. Yes, we are refusing to give you your "Property."



EDIT: And now it's I who's been beaten.

 

[454972]

Can you please quote where in your TOS it states that you can refuse to release my property to me?

 

[leafypiggy]

Of course:

1. Server Usage
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. x10Hosting reserves the right to refuse service and/or access to its servers to anyone. Each individual is allowed ONE account only. x10Hosting does not allow any of the following content to be stored on its servers.

* Illegal Material: This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State, or Local regulation. You may not store copyrighted Mp3s or videos on your webspace in any way shape or form.
* Adult Material: Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of x10Hosting.
* Warez: Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc... This also includes any sites which provide "links to" or "how to" information about such material.
* Proxies: We do not allow any kind of proxies to be used on our servers, for any reason.
* File Storage: Accounts are not to be used for file storage, your account will be permenantly suspended if found to be breaking this rule. Downloads are only allowed on your x10Hosting account if they have to do directly with your website. e.g. you developed custom software and are selling it or giving it away. Accounts may not be used for mirrors, game file hosting, or any other type of file hosting not specified here.
* Script Hosting: Space provided by x10Hosting is to be used to create a functional website, we do not allow bots, content scrapers, or any other script that runs continuously on your account. Any scripts that are executed via cron or manually must be directly related to your website.
* Crons: We do not allow more than one cron within a 5 minute time period per account. This means if you have two crons you must make sure that both do not go off within 5 minutes of each other.
* Shoutbox\Chat Scripts Use of these scripts is strictly forbidden due to the amount of MySQL queries they take. Accounts found with chat scripts or shoutboxes will be suspended.

 

[454972]

That says that you will not give access to the server. It does NOT say you will withhold the files on the server.

 

[Corey]

You will not have this material returned to you. Your account is permanently closed.

 

[Livewire]

Can you please quote where in your TOS it states that you can refuse to release my property to me?

4. Cancellation & Refunds
x10Hosting reserves the right to cancel any service provided at any time. In this event customers will be entitled to a prorated refund based upon the remaining period of membership. If a customer contravenes x10Hosting's terms of service, a refund will not be issued in the event of a cancellation by x10Hosting or the customer. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable.

6. System Backups
Backups are the sole responsibility of the customer. x10Hosting retains and offers backups to the customer but does not guarantee this service from failure. It is recommended all customers keep their own backups.

The trick behind the System Backups part is while x10 does offer backups to the customer, your hosting was revoked due to a severe TOS violation. You are no longer a customer, so the backups are no longer available to you. In addition, as the TOS violation was not caused by x10, no refunds would be given; you aren't a paying customer so you weren't entitled to compensation anyways, but I would also argue that refund in this case would also include the files located on the account.

But in truth, it's #6 that explains why you can't get your files back, and it's all on the first line: Backups are the sole responsibility of the customer. If you don't have backups of those files, that's not x10's problem.

 

[mc se7en]

I'm completely surprised that no one has corrected the original reply. You only get $200 dollars for passing Go. :-\

 

[Smith6612]

I'm completely surprised that no one has corrected the original reply. You only get $200 dollars for passing Go. :-\

I was just about to correct that since I just opened this thread. LOL.

 

[freenetter]

That says that you will not give access to the server. It does NOT say you will withhold the files on the server.

If you can't access the server, you can't access your files, can you?

Keep to the TOS - it's there for a reason. Be grateful for the superb free hosting offering X10 has. Breaking the TOS on X10 free hosting is in my opinion far worse than on paid - the one way you can show gratitude to X10 for the hard work they put in to make the free hosting as good as it is is to keep to the rules they've set.