account suspension , important

[ck_zorn_2011]

Dear sirs ,

I have been using the free hosting of X10 for a few time in order to host online resources for an important mathematical book I am writting . I have also installed an used a mantis system aimed at reviewers . The whole thing is password-protected .

There are several valuable things that are hosted on this server and that I have not been backuped .

Recently , I put 300 scans of an old slavonic book in order to show it to a professor that was interested by this book . Apparently the scans were High-quality so that the whole image gallery weighted around 2 Gb .

Today , I have learned that this file hosting have been considered as violating the TOS of X10 hosting and that my account is irremediably unsuspended and that no access will be given to me to get back my work .

I think this is abusive . You may have the right to stop my account but you must consider in good faith that this violation was merely an 'accident' .
First of all , you mention everywhere that the storage for files is unlimited , even for free accounts so that it seems a bit contradictory to claim that images galleries are restricted . Besides , your TOS seems to have changed over the time . Was it the TOS I agreed with when I signed ?

Anyway . The fact that it is a free service does not mean that I have no right on my datas . It is even not commercial since you don't offer me to move to a premium offer and I was refused to pay to upgrade my account . While chatting with one of your employees , I was kicked off from the chat .

It is up to you to provide control over the total size allowed to image galleries since this information is only available to specialist , e.g it is not obvious to know how much size have been consumed for image galleries . Besides , you must provide a fair warning before deleting datas .

There are no criminal offence , not break of copyright , illegal activities or whatsoever prohibited by law that have been performed by me .

The fact that you even refuse to move me on a paid premium hosting is also not acceptable . A 2 Gb image gallery is not something shocking by these days . Besides , you may even delete this image gallery . It has been uploaded only for 1 person , a professor specialized in old slavonic .

I want to get back the data from my math book project .

Please contact me as soon as possible to find a solution to this problem .

With Regards

M Rupp

 

[stpvoice]

Hello,

Nowhere does it claim that free hosting is "unlimited". It is described as "unmetered" on all of our pages, indicating that there are various restrictions outlined in the terms of service to which you agreed upon signup. Remember this box?

Here's the bit about file hosting, which I believe is applicable.

* File Hosting Every file on your site must have to do with the website you put up, we are not a file storage service and we strictly prohibit scripts such as torrentflux or rapidleech.

And lastly, you do have no right to access any of your files, as per section 8 of the ToS. The important bits are in bold:

8. Suspensions

If an account is suspended for a breach of the terms outlined above the account holder will immediately forfeit all rights to the account in question including access to any and all files and\or databases located within the account. x10Hosting is under no obligation to provide backups in full or partial to an account holder that has been suspended.

You were removed from the chat because you were told various times that your account would not be released, but you continued to argue.

For the last time, the account is permanently suspended, and there will be no further access granted for any reason.

 

[Livewire]

1) You were not kicked off the chat. I made it quite clear the conversation was over after repeatedly quoting the applicable parts of the TOS for about a half an hour on IRC. Your privileges to continue speaking were revoked by another service attendee after I went AFK.

2) I also made it clear that I could not guarantee that the files could be moved to Premium Hosting. I did not say they COULDN'T be.

[07:27:22] <+Livewire> you can certainly use the contact information Carl linked for Boj earlier to contact admins and ask if the content would be allowed on Premium, however there is no guarantee it would be. as it currently stands it sure looks like it'd fall under File Hosting/Image Hosting for there too, but it won't hurt to ask.

I would recommend checking x10premium.com for the premium contact information.

3) The "right on your datas" is indeed clarified in the terms of service, and has actually been a part of it for several years, although recent clarifications upon it have been put in place such as section 8. Section 6 has always been present, including "Backups will not be provided to account holders who have been suspended for breaching the terms outlined on this page." You were suspended in accordance with the terms outlined on the page, so backups are no longer our responsibility to provide.

4) Again with the "refusing to move you to premium."

[07:29:48] <+Livewire> I'm going AFK for a bit in any case. This is permanent, no matter how you wish to try and argue the point. All I can say is it -might- be allowed on premium, but I cannot guarantee this as I have no ties to the premium services.
[07:30:00] <+Livewire> well, other than having a premium account myself, but that dun count.

I've bolded the part that you apparently forgot to read. I did not refuse to move you to premium, I clearly indicated that it MIGHT be allowed on premium, but that I cannot guarantee it.

5) "No criminal offense, break of copyright, illegal activites or whatsoever" is debatable when you admitted to scanning an entire book for a professor to read. You do realize this could be construed as redistribution of a copyrighted work without permission, should the book still be copyrighted.

6) "Control over the total size allowed to image galleries since this information is only available to specialist, eg it is not obvious to know how much size have been consumed for large galleries." I'm still lost how you used 2.1GB by "accident" and had no idea what was using it. Or did you forget that whole exchange in IRC where you kept claiming you had no idea where the space went - how do you manage to get 3GB of data onto a server and not know?


In any case, I made the case 100% perfectly clear on IRC. If you still have problems agreeing with it, that's fine, you're allowed to, but the TOS does have you cornered. I shall quote the appropriate sections ONCE AGAIN, since you still don't appear to have actually read and understood them like you claimed you did during signup (that wonderful checkbox that says you read the TOS):

* Illegal Material: This includes copyrighted works,
* File Storage: Accounts are not to be used for file storage, your account will be permenantly suspended if found to be breaking this rule.
* Personal Image\Video Galleries: Personal galleries are limited to 1GB of disk space for images and videos.

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. Backups will not be provided to account holders who have been suspended for breaching the terms outlined on this page.

8. Suspensions

If an account is suspended for a breach of the terms outlined above the account holder will immediately forfeit all rights to the account in question including access to any and all files and\or databases located within the account. x10Hosting is under no obligation to provide backups in full or partial to an account holder that has been suspended.

I'm more than willing to continue discussing this in a civil manner, however at no point has x10hosting done anything to your account that was not already explained clearly in the TOS.

 

[Livewire]

Quick note on #6, I just confirmed by borrowing my free account that there's a Disk Usage meter on the left. I can also confirm that, for your account, it's off by about 1gb because the server hasn't refreshed to show any recently updated data, however the fact that it still shows it's at 2gb when the image gallery limit is 1gb is a problem. The site would've been over limit, even when you take 1gb off.

 

[ck_zorn_2011]

Ok I edit my previous post since there is some update . I'll go back to the chat

 

[Livewire]

In accordance with the TOS you agreed to:

5. Indemnification

Customer agrees that it shall defend, indemnify, save and hold x10Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against x10Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless x10Hosting against liabilities arising out of:
* Any injury to person or property caused by any products sold or otherwise distributed in connection with x10Hosting's server;
* Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
* Copyright infringement and
* Any defective products sold to customer from x10Hosting's server.

In essence, you have already agreed to not attempt to sue x10hosting. No sane lawyer would take such a case when it's already been well established that the TOS has indeed been broken.

I also have -not- interpreted the TOS abusively. If I had, our admin would have LONG since banned me instead of making me the Abuse Compliance Officer.

I choose not to, because A) the owner would hate me, and B) because it's only really there for if our owner would decide that the hassle of running free hosting is no longer worth it, and discontinue service.


I'm still trying to be civil here; you've broken the TOS, I've stated where, and your first instinct is to start calling "lawsuit" when the same TOS you already agreed to has you agreeing to hold x10hosting HARMLESS, meaning "not our fault."

We also have not "trapped" you in any way, shape, or form. You agreed to the TOS, and then broke it, and we have excersized our right within that TOS to terminate service (see the first line of section 4).



Further threats of legal issues will not be tolerated however, I can definitely say that much. If you wish to upgrade to premium, then go to x10premium.com, find the "Contact Us" link at the bottom, and ask them if they can migrate the contents of your free account over. Make sure to include the cpanel name in question, as with it being under a permanent suspension that WILL have an effect on the answer.



Edit: And once again, access to the free hosting account has been permanently revoked in accordance with the terms of service.

 

[ck_zorn_2011]

I have no news from premium support . They don't answer to email and the payment system doesn't seem to work .

Regarding the book I have scanned , it is a 500 years old book written in old slavonic ( a language that very few people in the work can read ) so I doubt that the author would come to claim the copyright ( nobody even knows who is the author , probably a priest ) . However I have bought the book in an auction and hold full rights on it . this book is called "skazanie" what means "recit" in old slavonic ( as well as in current russian ) and is made with a compilation of strange laws that are really interested for the specialists of ancien slavonic religious laws . I have also uploaded to the website the work I have done on this book .

Besides this , my website is being used mainly for online and collaborative work on a math book - divided in 5 volumes - that I am writing with other people ( total 2000 pages ) dealing with aspects of functional analysis including category theory , operators , spectral theory , harmonic analysis , etc ...

Regarding the file hosting , in the folder where all the scans are located , there is a webpage named book.htm and this webpage link each image file with descriptions and texts .

Whatever , I am still waiting to hear from premium service team so that we find a solution .