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-   -   Veeservers suck, don't waste your money (https://forums.alliedmods.net/showthread.php?t=77832)

EvolDay 09-22-2008 04:38

Re: Legal help
 
Vee, will do anything to make sales i've dealed with him before and i don't really like his ways of doing business. He is also rated F by the BBB which is the worst possible rating i believe. Check out GSPTruth.com website and read the reviews about him aswell he is like hated there.

http://www.labbb.org/BBBWeb/Forms/Bu...nyID=100070137

YamiKaitou 09-22-2008 09:50

Re: Legal help
 
Quote:

Originally Posted by icetea (Post 689343)
@allenwr
i dont know what you mean by hosting plan, if you mean tos, then i still dont know what you mean

The thing that says what you are allowed to do and what you can't do. Yes, he means ToS. If it is not in his tos that he owns rights to the files, than he can't say he does.


I'm glad that I turned Vee down back when he was still starting up the company. I didn't trust him then (he didn't have a clue what he was talking about) and I sure ain't trusting him now

Brad 09-22-2008 09:59

Re: Legal help
 
I have read *nothing* at all good about VeeServers. My advice is that anyone with them, leave, and anyone looking to host with them, don't. You can find much better hosts.

LOL - I've never even dealt with VeeServers and the way the company is run still pisses me off.

icetea 09-22-2008 10:02

Re: Legal help
 
Code:

VeeServers.com
 Terms of Service (TOS)
 Renters have relatively unrestricted control of their servers and webspace, but there are limits to what we can allow on our end to maintain fairness to all.
 Those Terms of Service are listed below.
 This list is subject to change, so renters should check it frequently.
 Definitions.
  "we", "us", "our" = VeeServers.com.
  "you", "customer" = A customer of VeeServers.com.
 1. Duration of contract.
 The contract lasts as long as payment has you are still subscribed to VeeServers.com. If for some reason the transaction does not go through, we maintain the right to shut down your server and delete all files. We also reserve the right to refuse service.
 2. Use Policy.
 No customer of ours shall at any time:
 a. Use our services to store any foreign files.
  b. Advertise or promote any company that can or may be seen as competition to us.
  c. Install any kind of ping booster.
  d. Install any kind of bots on boosted servers.
  e. Install blockmaker/blockbuilder on boosted servers.
  f. Threaten VeeServers.com staff members.
 3. Server Administration Rules.
 a. Users may edit their server config files freely as long as they do not disobey any of the following:
  b. Adjusting rates to increase FPS
  c. Remove password when customer is being billed for a private server.
 4. Change of service agreement.
 VeeServers reserves the right to change/alter the terms and conditions without prior notice.
 5. Recurring payments.
 All subscriptions to VeeServers.com are billed automatically. You cannot file disputes on PayPal or file chargebacks with your card issuer. Doing so will cause termination of the server and/or reported to the proper authorities as fraud.
 6. Service Outages.
 As a customer of ours you shall accept that there may occasionally be problems with the services that could result in server downtime. Also customers must accept that in these cases they will have no breach of contract claim against VeeServers.com. If we are made aware of possible service outages all customers will be informed.
 7. Server Setup/Creation.
 There is no guarantee of instant setup, All orders will be setup within 24 hours or you have the right to request a refund.
 8. Refunds.
 We do not offer refunds. Once the payment is made, under no circumstances will we give receive a refund.
 If you wish to cancel your services but do not cancel the paypal subscription and paypal automatically bills you and send the money to us, you will not get refunded.

 9. Cancellations.
 The only acceptable procedure to cancel a server is listed below.
 Cancel the server in PayPal by finding the active subscription, then clicking on its "Details" and choosing "Cancel" at the bottom of the resulting page. If you';re having difficulty doing this, you can find an alternate cancellation method here: https://www.paypal.com/helpcenter/main.jsp?cmd=_help-ext&t=solutionTab&solutionId=11750
 If you do not cancel by Paypal, Paypal may charge you for another month of server rental, which cannot be refunded.Note that we do not offer refunds even if we cancel a server forcibly (against a renter';s wishes).
 10. Indemnity:
 All customers must acknowledge that you are solely responsible for your use of our Services, and all information, data and results you obtain from using it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, tatutory or otherwise are hereby excluded to the fullest extent permitted by law.
 Other than as provided for in this Agreement, VeeServers.com hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred to any customer owned hardware that is placed into our racks/storage.
 You will indemnify VeeServers.com from and against all losses, liabilities, damages, costs, reasonable expenses, actions and claims suffered or incurred by VeeServers arising out of or in connection with any breach by you of these Terms. All customers should be aware that once you use the Service in any way, unless we agree otherwise, you will not have the right under Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000 to cancel this Agreement within 7 days of entering into it as if the Agreement had not been made. This Agreement has a minimum period (the “initial term”) of 1 month (unless otherwise detailed in your Internet Service Agreement). During this initial period you may not cancel this Agreement without paying all fees due for the period, regardless of whether invoices for these charges have been raised or not.
 **Failure to comply with the above terms will result in possible suspension of account/services without prior notice/refund**

not a word about owning my files! the only thing it says in regard to my files is that im not allowed to host foreign files, and that he is allowed to delete any one of my files! you really have to search hard on his site for this page! its a link way down at the bottom o.o

http://veeservers.com/tos.html

slmclarengt 09-22-2008 20:11

Re: Legal help
 
What a sticky situation this seems to be.

Intellectual Property can be defined as
Code:

A product of the intellect that has commercial value, including copyrighted property such as literary or artistic works, and ideational property
I have bolded the two potential criteria your case must meet or at least affirm in order to be intellectual property.

First, Commercial value is something of monetary value (hence Commercial). If he did actually SELL the files, that in fact is a commercial revenue satisfying the commercial value clause.

Ideational Property needs practically no explanation because in this case the files are your property (to a certain extent) that you made to be "proprietary" hence the value they hold.

You do not hold any copyrights I doubt for any work you have put in so copyright law is out of the question.

To make matters worse, the servers are his property and it may be implied that he has control over the use of his servers (ie files) though that is very hazy.

Their indemnification clause (which is horribly written by the way) is the only clause to come relatively close to handling this concern:

Code:

10. Indemnity:
 All customers must acknowledge that you are solely responsible for your use of our Services, and all information, data and results you obtain from using it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, tatutory or otherwise are hereby excluded to the fullest extent permitted by law.
 Other than as provided for in this Agreement, VeeServers.com hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred to any customer owned hardware that is placed into our racks/storage.
 You will indemnify VeeServers.com from and against all losses, liabilities, damages, costs, reasonable expenses, actions and claims suffered or incurred by VeeServers arising out of or in connection with any breach by you of these Terms.

The ambiguity of this indemnification clause is tremendous.

I would have to say his practices are legal (with the possible exception lying in intellectual property and the distribution of an unauthorized product) but highly unethical.

My suggestion to you; send a cease and desist letter Vee's way (from a professional address) and I have formulated a reasonable one for you:
Code:

Dear Vee:

It has come to my attention that you have made an unauthorized use of my copyrighted work and files covered within <Old server IP/Hostname> and <example of specific infringing files> (the "Work") in the preparation of a work derived therefrom. Your work and files covered within <Old server IP/Hostname> and <example of specific infringing files> are essentially identical to the Work and clearly used the Work as its basis. [Give a few examples that illustrate direct copying.]

As you neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein, including potential punitive damages.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date give them about 2 weeks] indicating that you have fully complied with these requirements, I shall take further action against you.

Very truly yours,

<Your name here>

Unfortunately I had to remove some wording and change the wording because you never published it nor is it actually copyrighted (your issue falls under IP law not copyright as it was never submitted). I did live some reference to copyright to instill fear in his head but it is your choice whether you want to use this or not. I know my head hurts really bad right now but I wanted to try to help you out considering it is my intent to be an attorney and the cases I have been studying lately have related to things similar in nature to this and other business law cases.

Best of luck because I need to get food ASAP :-).

Slmclarengt

P.S. Look at the link in my signature for cheap Nuclearfallout servers if you want to move on to them, a better company (no support though).

icetea 09-23-2008 18:59

Re: Legal help
 
ah i almost forgot this as well: I was using several plugins that required me to enter my database info, so whoever bought my old server, now has all the information to my forums database

i have to go change everything >:[

i always had the impression he does everything but make the site by himself
ive never actualy talked to someone other than him.

@ your signature

sorry but the whole reason for me canceling from vee was because I was already switching IP's

if i ever need to switch again, ill look into it though

I appreciate all your help :)

Brad 09-23-2008 19:26

Re: Legal help
 
Quote:

Originally Posted by slmclarengt (Post 689706)
P.S. Look at the link in my signature for cheap Nuclearfallout servers if you want to move on to them, a TREMENDOUSLY MUCH better company (no support though).

Fixed.

icetea 09-23-2008 21:45

Re: Legal help
 
hehe check this out

Code:

:: www.VeeServers.com - Vee ::: Ready to order? :]

 i say no and never

:: www.VeeServers.com - Vee ::: www.link to my files removed.com :P
:: www.VeeServers.com - Vee ::: Ready to order? :]

guess what hes doing now?

:: www.VeeServers.com - Vee ::: Alright, lets make more money out of your files

now hes blackmailing me to buy stuff from him or he'll release my files

im obviosly not going to give in, because i dont care enough about those files to pay 200 bucks/month for them

all i have to say is never, ever, EVER host with this guy

danielkza 09-23-2008 21:48

Re: Legal help
 
Take a screenshot of the conversation and send to him with the cease-and-desist letter.

v3x 09-23-2008 21:56

Re: Legal help
 
Wow. How unprofessional is that? How old is Vee? 12?


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