Account suspended at my host, who's right?

[bladex5k]

I have been with ResellerZoom for about 6 months now and the service is great.

I have also opened up the website, ImageCabi.net, and after 4 months of it being up, they decided to take it down because it violated their TOS. Here is the section of the TOS that I violated:

R1. No Free Services to Be Offered.

YOU may not use YOUR account or OUR services to offer any of the following kinds of FREE services:

* Free Web hosting services;
* Free e-mail services;
* Free blogging services;
* Free home pages;
* Free image hosting;
* Free trial accounts.

There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following:

First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.

Second, OUR customers, including OUR resellers, are all paying for prompt, reliable service and WE have built a solid reputation for delivering excellent service to them. WE cannot risk having unidentified persons damage OUR reputation.

Third, users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.

Fourth, spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose OUR servers to severe abuse and could harm US, all of OUR customers, and all the customers of OUR resellers.

Fifth, free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as OUR policies, WE must prohibit them.

If YOU violate this prohibition on free services, WE may suspend or terminate YOUR account immediately, with or without notice, as WE in our sole discretion deem necessary to address the situation.

Now... I have been battling with ResellerZoom about their TOS. Here are my arguments:

ResellerZoom states that "First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services."

My Response: ^^^ Each member must sign up for ImageCabi.net with a valid email address. A confirmation email is then sent to the email address they signed up with to verify that the address is real and active.

ResellerZoom then states in their TOS: "Second, OUR customers, including OUR resellers, are all paying for prompt, reliable service and WE have built a solid reputation for delivering excellent service to them. WE cannot risk having unidentified persons damage OUR reputation."

My Response: ^^^ I own a reseller account with RZ paying $15.95/month. I don't see why they would be offended that I am using the space and bandwidth that I pay for for my own reasons. These are also not "unidentified persons" as I stated above. They require a valid email address.

ResellerZoom then states in their TOS: "Third, users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network."

My Response: ^^^ ImageCabi.net used the most 15gb bandwidth per month. ResellerZoom and HostingZoom must own over 50+ servers. Some of their clients use more than 100gb of bandwidth... I'm sure of it.

ResellerZoom then states in their TOS: "Fourth, spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose OUR servers to severe abuse and could harm US, all of OUR customers, and all the customers of OUR resellers."

My Response: ^^^ This was a free image hosting website. I monitored every single image being uploaded to that website through the administrative menu. If there was something extremely illegal or inappropriate (such as child porn, beastiality, etc.) it was removed immediately. The script imagecabi.net ran on did not accept any other file extensions other than .gif, .jpg. and .png. The script would not allow another type of file extension to be uploaded.

And finally, RZ states that: "Fifth, free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as OUR policies, WE must prohibit them."

My Response: ^^^ As stated above, every single image uploaded to imagecabi.net was monitored by myself for abuse or inappropriatness.



Even though it says "No Free Image Hosts," they give reason why the answer is no. But, what did I actually do wrong?

Can somebody please analyze this and help me out... I have 5 days to find a new host that accepts these types of websites.

 

[mmkrulz]

Ummm...You broke thier TOS, they have it there for a reason, and if you break any part of it, then they have every right to suspend your account without even giving you any reasons, they have set rules and they have every right to enforce them, they were courtious enough to explain themselves, alot of the hosts out there wouldnt even do that.

 

[bladex5k]

I guess I'm just seeing things differently. Thanks though.

 

[reclad]

I guess I'm just seeing things differently. Thanks though.

From their point of view, even one 'hit-and-run' spammer can get
their entire IP range blacklisted, potentially bringing down
their company. You may not even know until after the event,
and the spammer doesn't care, they're long gone.

Their argument about 'verifiable' e-mail addresses etc. is not
convincing though. Any mug can register a domain under a
bogus name, get a cheap EBay-bought hosting/5Gb+ bandwidth
(total cost about $20 max.) and be using 'verifiable' e-mail
addresses in no time flat.

That's hard-core spammer-heaven, use and abandon domains/hostings.
So why would a spammer bother to use your bandwidth ?

I'm amused by hosting companies that offer large bandwidth,
but then have a TOS that restricts the user from any of
the usual bandwidth-intensive activities (Software download,
image-galleries etc.). Seems like they're running a scam to me.

Why should they care how the bandwidth is used, if the activity
is squeaky-clean legal ?

 

[GT Web]

This is very simple.

It is their TOS, even if you don't agree with them, you broke their terms and therefore they have the right to suspend your account.

I'm amused by hosting companies that offer large bandwidth,
but then have a TOS that restricts the user from any of
the usual bandwidth-intensive activities (Software download,
image-galleries etc.). Seems like they're running a scam to me.

Why should they care how the bandwidth is used, if the activity
is squeaky-clean legal ?

Not a "scam" at all - as long as they give you their TOS up front, you can either choose to host with them and abide by their terms or choose to host elsewhere.

 

[bladex5k]

From their point of view, even one 'hit-and-run' spammer can get
their entire IP range blacklisted, potentially bringing down
their company. You may not even know until after the event,
and the spammer doesn't care, they're long gone.

Their argument about 'verifiable' e-mail addresses etc. is not
convincing though. Any mug can register a domain under a
bogus name, get a cheap EBay-bought hosting/5Gb+ bandwidth
(total cost about $20 max.) and be using 'verifiable' e-mail
addresses in no time flat.

That's hard-core spammer-heaven, use and abandon domains/hostings.
So why would a spammer bother to use your bandwidth ?

I'm amused by hosting companies that offer large bandwidth,
but then have a TOS that restricts the user from any of
the usual bandwidth-intensive activities (Software download,
image-galleries etc.). Seems like they're running a scam to me.

Why should they care how the bandwidth is used, if the activity
is squeaky-clean legal ?

You think that ResellerZoom is running a scam? Or me? Because I own ImageCabi.net, lol. Please clarify.

 

[ERCollins]

I think people should get away from $15 dollar hosting, you get what you pay for.

If you are going to run a real website, atleast get yourself a vps. or semi dedicated, or Dedicated. It is worth the $100 or so a month, you will not have these problems.

 

[GT Web]

Not true.

Only buy a dedicated or semi-dedicated server if you actually need it. If you site doesn't get a ton of traffic or have very large files, $15 hosting can be 100% effective, as long as the host is reliable and offers good service.

You could buy a Ferrari to go to the supermarket, but a Honda will do just as good a job getting you there and back for 10% of the price.

 

[ERCollins]

yeah but $15 shared service, is not very reliable when you are dealing image hosting or another other free service, where volume is the name of the game.

You need loads of pictures and people to make enough money from advertising.

Then you $15 hosting goes down, you lose your clients, and are stuck with nothing while they go find a new place to store their images.

I have found no $15 hosting services that allow image hosting, media banks, or free services.

All these services takes loads of space and bandwidth.

I am sorry dude lost his site/hosting. But he was breaking the terms of service, he could charge people then he would not be breaking them.

Good luck on this.

 

[bladex5k]

THE SERVICE WAS FREE/PAID... that's what I don't understand... I had a few users who paid for their image hosting so they could have more space/bandwidth, etc...

 

[GT Web]

bladex5x - what is so complicated here?

- You offered a free service
- Offering free services is against ResellerZoom's TOS
- You broke their TOS
- They disabled your account
- You were wrong, they were completely reasonable to do what they did given the TOS you agreed to when you signed up.


To slimecrazy:

You need loads of pictures and people to make enough money from advertising.

Since when? There are many sites with barely any photos that make tons of money. As well, there are plenty of loan/lawyer websites that make tons of money with very few visitors. I never knew you had to get tons of traffic or have tons of images on your website to make lots of money...

You paint a very bleak hosting picture - just because a company does not charge $50+ per month does not mean their services are not up to par.

 

[bladex5k]

bladex5x - what is so complicated here?

- You offered a free service
- Offering free services is against ResellerZoom's TOS
- You broke their TOS
- They disabled your account
- You were wrong, they were completely reasonable to do what they did given the TOS you agreed to when you signed up.

I'm sure if you owned ImageCabi.net though, you would have the same exact views as I have right now. Yes, I violated their TOS... but I did not violate the reasons they give.

 

[jberryhill]

Yes, I violated their TOS... but I did not violate the reasons they give.

And that is precisely why it's better to be a jerk and not even try to support one's rules.

The policy is absolutely unambiguous that you are not to provide free photo hosting.

It is also absolutely clear you were in violation.

The reasons don't matter. They could have a religious objection to pictures because they "steal people's souls with white man's magic". Who cares what their flippin' reason is, whether cameras actually steal souls, or whether you didn't have pictures of humans - the rule is still NO FREE PHOTO HOSTING.

It's like arguing with the damned Pope over "why" he doesn't want gay priests. It doesn't matter if he is right or wrong morally or theologically, or whether his reasoning does or does not apply to any particular gay priest. The bottom line is that he's the Pope - he makes the rules. If you don't like the rules, then by golly quit trying to be Catholic.

Or let's try this one...

If you want to keep Kosher, you can't eat pork. Now some people say that the "reason" for forbidding pork is that there is a risk of trichinosis - caused by a parasite that lives in pork. Now, you know what... you can test the meat for trichina worms, and if it is cooked thoroughly there is also no risk of trichinosis. But you know what? The rule doesn't care. The rule is "don't eat pork" period, finito, end of story.

I was shopping a while back before flu season and I picked up two bottles of Nyquil on sale. They wouldn't let me buy two of the economy-size bottles. The reason is they don't want people buying it in bulk, because apparently you can make something bad if you have a lot of Nyquil.

Well guess what, I'm not making crystal meth in my basement, and never would, but they STILL wouldn't sell me two bottles of Nyquil. And you know what? I was the LAST person in my household of seven to get the flu this year and the stuff I bought was all used up by then.

So, yeah, I stayed up late with a pounding head and running nose because of a damned rule premised on a "reason" to stop me from making crystal meth.

Rules are like that.

It would be perfectly fine for me to take a 10 inch hunting knife onto an airplane, because I would never hi-jack an airplane. They STILL won't let me take it with me.

"These reasons include, but are not necessarily limited to, the following:"

Wrap your head around that.

There are not 5 reasons. There is potentially an infinite number of reasons.

THE SERVICE WAS FREE/PAID

...which is why your signature line screams "Host images and create Galleries for FREE/PAID!"?

 

[bladex5k]

It would be perfectly fine for me to take a 10 inch hunting knife onto an airplane, because I would never hi-jack an airplane. They STILL won't let me take it with me.

Ya.. this is the only statement I agree with that you wrote.

Yes, I was obviously wrong and I must move the site... the question is now.. to where?

 

[fab]

I almost had the same problem.

 

[bladex5k]

I almost had the same problem.

Do you know a cheap/free host that allows a free image hosting website?

 

[DNGeeks]

Get yourself a dedicated server, you won't have issues that way.

One thing no one has mentioned yet, is that it's not the amount of bandwidth or space you're using. It's also the amount of resources you can use. Remember the more hits, the more resources you use. Resources means CPU and memory. Sure you can be using less than your allotment of bandwidth and drive space but be using 50% more resources than you're allowed.

It's a shared server, so everyone gets an equal share. Services such as this are hogs because of all the requests that must be served.

You can get yourself a dedicated server for as low as $50 per month. If you can't afford that then give up trying to find a way around someone's TOS and sell the site. Take the profit and start a new one.

Make a post in http://www.dnforum.com/f157/ and request people to PM you some hosting plans or server offers.

Now I'll respond to your post in detail

ResellerZoom states that "First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services."

My Response: ^^^ Each member must sign up for ImageCabi.net with a valid email address. A confirmation email is then sent to the email address they signed up with to verify that the address is real and active.

What is a valid email address? Do they specify that in their TOS? Probably not. This gives them the ability to make up whatever they want to fit their needs at the time.

ResellerZoom then states in their TOS: "Second, OUR customers, including OUR resellers, are all paying for prompt, reliable service and WE have built a solid reputation for delivering excellent service to them. WE cannot risk having unidentified persons damage OUR reputation."

My Response: ^^^ I own a reseller account with RZ paying $15.95/month. I don't see why they would be offended that I am using the space and bandwidth that I pay for for my own reasons. These are also not "unidentified persons" as I stated above. They require a valid email address.

Someone using your hosting service with a valid address to host images for spam could be an exapmle of this. You wouldn't know any better, but a million emails linking to an image on your site can can huge amounts of cpu usage, which you are not entitled to use since it's a shared hosting plan.

ResellerZoom then states in their TOS: "Third, users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network."

My Response: ^^^ ImageCabi.net used the most 15gb bandwidth per month. ResellerZoom and HostingZoom must own over 50+ servers. Some of their clients use more than 100gb of bandwidth... I'm sure of it.

It doesn't matter how many servers they use, have or own. You are only on one of them and can only use resources on one of them.

ResellerZoom then states in their TOS: "Fourth, spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose OUR servers to severe abuse and could harm US, all of OUR customers, and all the customers of OUR resellers."

My Response: ^^^ This was a free image hosting website. I monitored every single image being uploaded to that website through the administrative menu. If there was something extremely illegal or inappropriate (such as child porn, beastiality, etc.) it was removed immediately. The script imagecabi.net ran on did not accept any other file extensions other than .gif, .jpg. and .png. The script would not allow another type of file extension to be uploaded.

So you only allow images, that's good. However do you get everyone that uploads to swear that they own the copyright to those images? Do you verify that the uploader owns the copyright? A copyright owner with a good lawyer could get a judge to confiscate the ENTIRE server as evidence in a case. This wouldn't just affect you obviously. And it could also land you in trouble for contributory copyright infringement, because you allowed the hosting of those images.

And finally, RZ states that: "Fifth, free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as OUR policies, WE must prohibit them."

My Response: ^^^ As stated above, every single image uploaded to imagecabi.net was monitored by myself for abuse or inappropriatness

But you still don't check for copyright ownership so you're not entirely truthful about monitoring for abuse. However I do agree that the "fostering terrorist activities" is pushing it a little bit far.

That answers every point you made and more by someone who both has had shared hosting accounts for years, who owns his own server and also has hosting customers. As a note I would never allow one of these sites on my server by a customer. I would, and do, run one myself however.

 

[ForumDomains]

I guess I'm just seeing things differently. Thanks though.

You broke their TOS. Period.

 

[NameWolf]

Well, trying to provide a FREE service under a shared hosting account is never a good idea. Sure you can do well with $10-$15/month hosting account with various sites but if you want to be able to give something to people free of charge then you need your own server period.