Art Alexion on 21 Jul 2004 12:52:03 -0000


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Re: [PLUG] Web Hosting, Again




Chris Mann wrote:

I had some original recordings (music) that I had hosted on my website
(which was legal at the time according to their TOS). But this was at
the height of the RIAA throwing about their muscle and using the DCMA to
enforce it. Long story short, Drak scanned my directory and noticed I
had MP3's there, and cancelled my account with no warning to me at all.


I inquired to them as to why, and got the reason. I couldn't really
blame them, as they had to look out for the whole of their company. I
explained to them that I was the creator of the music and that I held
the license to it, not the RIAA. No success. So I asked for my files
back. At this time, they were *supposed* to be backing up files daily or
weekly (can't remember which). By the time I had gotten to this point,
about 7 days had past, and they informed me that they backup had been
over written and there was nothing they could do about it.




Chris,

You are a much more forgiving and generous man than me. I find what they did to you not only unpardonable, but a violation of their contract with you at best*, and possibly criminal**. Regardless of their possibly good intentions and reasonable concerns, their conduct in acting without inquiry shows the kind of bad judgment that would cause me never to do business with them.


*especially as their TOS -- their contract with you -- permitted what you were doing.
**they destroyed your property


--

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art Alexion
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