RE: [PLUG] Web Hosting, Again

["Chris" <chris@jynx.net>]

To cancel an account based on a filename is crazy. Did they not even listen
to the mp3 to see if it was a pirated song? I know its hard to tell who's
music it is, but at least they could of talked to you.

-----Original Message-----
From: plug-admin@lists.phillylinux.org
[mailto:plug-admin@lists.phillylinux.org] On Behalf Of Art Alexion
Sent: Wednesday, July 21, 2004 8:51 AM
To: plug@lists.phillylinux.org
Subject: 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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