VPSlink's policites on trademark/copyright infringement

[GaijinPunch]

One reason I'm shopping around for another provider is that recently my website was exploited. Some material was placed on my server (I suspect through an Apache vulnerability) and was found by the trademark holder. They made a claim to my provider, and my provider shut the site down: no web access, and more importantly no SSH access. The only way to get access to the site was by getting the party that maid the claim to contact my provider and have them re-grant it so I could fix the issue. Does anyone else find this really backwards?

I'm wondering if anyone has had a similar experience here and how it was rectified.

Regards.

[Deroba]

You should talk to your provider and claimer to talk and fix the things.

I don't really use apache, nor I have had this problem.

Lighttpd

[GaijinPunch]

It was sorted out (w/ the person filing the complaint first) but I don't like the way it was handled: I was not able to talk to a person at my provider (email only) and I was not given a chance to rectify the problem unless my provider agreed I should be able to. Didn't make much sense to me, hence, I'm shopping around.

[DanL@VPSLink]

We do not typically disable access to the VPS when handling DMCA complaints, however, our abuse team members will use their best judgment when addressing established abuse patterns.

Given your other thread regarding page scraping, I would recommend that you contact us if you have questions about our Acceptable Use Policy as it applies to your intended use of our service.

[Cwewmpz]

i think gaijinpunch left out some things. It would probably be better if he has his own dedicated server or pay for managed from vpslink parent spry.com. Hosting providers are within their rights to disable hosting when sites are exploited (read the tos on securing your server).

When you are moving from an exploited or disabled unmanged vps... changing providers doesn't change the problems that lead to it.

[GuyPatterson]

No doubt, the subscriber is responsible for securing their unmanaged VPSlink server(s), but how can a subscriber resolve the issue without access to their server(s)?

Just another reason I'm with VPSlink, because as DanL said, "We do not typically disable access to the VPS when handling DMCA complaints." They'll at least make an effort to contact the subscriber (providing an opportunity to respond/react/correct/etc) before disabling access or shutting down a server. VPSlink fckn' r0x - good to know they'll stand by their subscribers/customers instead of instantly caving like NoDaddy

[askewdread]

Originally Posted by GuyPatterson

Just another reason I'm with VPSlink, because as DanL said, "We do not typically disable access to the VPS when handling DMCA complaints." They'll at least make an effort to contact the subscriber (providing an opportunity to respond/react/correct/etc) before disabling access or shutting down a server. VPSlink fckn' r0x - good to know they'll stand by their subscribers/customers instead of instantly caving like NoDaddy

as guy said, i had a dmca for a forum i didnt realise still existed on my server (was for testing purposes and thought had deleted) they sent me an email and i removed it and let them know and then it was fine, if access had been removed it would have been impossible to fix, so as he said VPSlink fckn' r0x

[gnurag]

@DanL, I've never been served a DMCA takedown notice, but would like to know how DMCA requests are handled at VPSLink. Are we notified by email about the violation? How many hours does a subscriber get to fix/delete the content in question? What if the DMCA notification is sent to the subscriber on friday and the subscriber is on an extended vacation till monday/tuesday?

[GuyPatterson]

This might help:

http://forums.vpslink.com/37631-post4.html

http://forums.vpslink.com/37651-post6.html

http://forums.vpslink.com/37671-post8.html

An old thread I created about NZBs:

Policy regarding NZBs

Guy

[DanL@VPSLink]

Originally Posted by gnurag

Are we notified by email about the violation?

Yes - you will generally receive a copy of the complaint in its entirety.

Originally Posted by gnurag

How many hours does a subscriber get to fix/delete the content in question?

24 hours (the "72" quote in a prior reply - linked by GuyPatterson - needed correction on my part)

Originally Posted by gnurag

What if the DMCA notification is sent to the subscriber on friday and the subscriber is on an extended vacation till monday/tuesday?

Your VPS would be suspended if no reply were to be received within 24 hours of our relay of the DMCA notice.

I think it is important to take into consideration that, if you are allowing other people to host content on your VPS, you should take reasonable precautions to ensure that they are not abusing your service.

DMCA's for copyrighted material are very rarely issued the same day the content is made available - an automated or occasional manual review of clients' hosted content (i.e. find /home/user/ -name '*mp3') should be sufficient to identify problems before DMCA's are issued.