Hosting.UA and another problem

Hi, Habr.

I want to tell you a story that happened to me literally today. I hope that this story will warn you against the wrong choice!
Yesterday we decided to make a newsletter about new offers on the site. They chose users who ticked off their profile that they would like to receive advertising information, prepared a letter and successfully sent it. No signs of trouble.

At 00:15 in the night a letter comes (hereinafter I will cite all the correspondence)

Hosting.ua: Received a complaint about the site advertising *******. Com.ua through SPAM. In 12 hours, deal with this situation and tell us what is happening.
complaint text below
-
[SpamCop V4.6.1.006]
... (I do not quote service information)
-
security department Hosting.UA
[02.12.2011 8:01:34]

I: The fact is that we periodically send out mailings to our users.
When registering on the site, the license agreement states that they can
come letters. Moreover, if a person does not want to receive a newsletter, then he
can specify it in your account settings. In the text of each letter about
This is said! Distribution is made exclusively for those users
who agreed to it.

[02.12.2011 12:32:35]
Hosting.ua: According to the public offer that you accepted at the registration stage:
')
2.2.7. Adhere to the Rules for obtaining telecommunications services, namely:
- do not send commercial and other electronic messages that are not agreed upon (in the absence of a request) with their recipients, as well as in case of violation of the Network Use Regulations adopted by the Open Forum Working Group of Internet Service Providers if the recipient has such a written statement;
- do not send spam, including for the purpose of advertising;
2.2.8. In case of detection of the fact of spam distribution, which contains information about the resource / site of the Subscriber hosted on the Contractor’s server, the Subscriber is obliged to delete this resource / site within 6 (six) hours.

The site must be removed from the server within 6 hours, otherwise the service will be stopped, the server is turned off!

- Best wishes,
Denis Tuchkov
Systems Administrator, Technical Department Hosting.UA
+380 48 7281518
Ukraine, Odessa, st. Dalnytska 46

[02.12.2011 12:40:58]
Me: On what basis is the site removed?
I have written to you that the receipt of such letters is coordinated with users.
during registration, it is described in the license agreement, moreover, if
the person after wants to refuse to receive letters, then he can do it.
I do not see anything here that contradicts the rules.
Moreover, * spam * is a mass mailing of commercial, political and other
advertising (information) or other types of messages to persons who have not expressed a desire
receive them. Our users have agreed to receive.
Can I contact you by phone? Because by phone that is listed
in the signature to the letter they tell me that I can not talk to anyone about this
the issue.

[12.02.2011 12:44:55]
Hosting.ua: you don't need to talk about this with anyone

Direct spam aka mailing lists of alleged subscribers, is strictly prohibited!

People who subscribe to the newsletter, the complaints do not write ...

[02.12.2011 12:47:47]
Hosting.ua: all conversations with the security service are conducted in writing through the ticket panel.

I repeat that if within 6 hours this resource should be removed from the server or otherwise, the server will be stopped

[12.02.2011 13:11:02]
Me: And I think that I should talk to those in charge (if your desk
such is) man. This is my right, or you can no longer provide
high-quality technical support?
I do not know why the user complained about spam, but he was not there. More
In addition, you yourself read our license agreement on the site ??? If a
the person does not want to receive the newsletter, but did not unsubscribe - this is not the fault of the resource.
Moreover, I paid for services for a month - if you can not provide - return the money.

[12.02.2011 13:47:13]
Me: moreover the mailing was not through your server!

[12.02.2011 13:49:33]
Hosting.ua: a refund in case of revealing a problem with a violation of the offer is not provided.

there are also two ways to solve this problem

1. domain must be removed from the server
2. for each complaint of a similar nature, you will need to pay 200 UAH

We repeat that all negotiations with the security department are carried out in writing!

py sy

The above license agreement does not interest us!
There is the fact of sending direct spam, after which you were complained!
All data and evidence of this violation, we clearly provided.

Also, if you continue to have vozmusheniya, we will be forced to give your server to the department to combat computer crimes in the SBU, in order to confirm the violation of the Criminal Code of Ukraine

thank

[02/12/2011 13:51:08]
Hosting.ua: relatively:

[12.02.2011 13:47:13]
Q: moreover the mailing was not through your server!

all the more, advertising of the resource by spam is prohibited !!!

Personally, I don’t understand why technical support behaves inadequately, extorts money and threatens. It is a pity that these guys did not read the Criminal Code of Ukraine and do not know that the letter, which clearly indicates why it came and how to unsubscribe, is not spam (moreover, we didn’t disrupt any computer network).
My sincere wishes, when you are faced with a choice - whether to use the services of this company, weigh your decision more than once so as not to burn yourself.

UPD1. The story does not end so easily. Our technical manager asked the following question:

[12.02.2011 20:41:32]
Q: Please indicate the point of the offer which refers to the penalty for each complaint.

[12.02.2011 21:39:16]
A: it’s about reactivation, not complaint!
after shutting down the server, 200 UAH is charged for re-enabling the server
3.11. In the case of the provision of rental services of a dedicated server, if the Customer does not pay the bill within 3 (three) calendar days from the date of signing this offer and / or invoicing, in accordance with clause 3.4. Offers, services will be terminated (blocked) until the invoice is paid. The cost of each server reactivation, which can be carried out within 4 (four) days after blocking the Service, is 200 (two hundred) hryvnia.
you did not correctly interpret the above written !!!
for complaints 200 UAH no one was going to take from you!
For complaints related to spam mailings, fraud, etc., the server is disabled if: the server user does not adequately respond to our recommendations related to complaints received from Internet users.
In your case, this option just happened.
repeatedly, you can familiarize yourself with the offer, which you agreed to during registration, here:
www.hosting.ua/index.php?option=com_content&task=view&id=37&Itemid=170
Security Department,
www.Hosting.UA

And regarding the comment of their “Security Department” - I see inappropriate behavior only with technical support, since to respond to users, not observing the elementary norms of the Russian language - sorry, this is more than childish. Insanity is getting stronger!

UPD2

[02/12/2011 10:17:41 PM]
Q: I ask you to give contact to your guide to identify the reasons for such treatment of clients, insults.

[12.02.2011 23:30:17]
A: you communicated absolutely adequately and deployed your problem widely enough!

it was decided to refuse to provide you with further services

the service is terminated on the basis of an offer and violation of the following points:

2.3.6. The Contractor reserves the right to immediately terminate the provision of the Services and terminate the Contract in the event that the Subscriber fails to comply with clause 2.2.8. of this Agreement.

2.2.7. Adhere to the Rules for obtaining telecommunications services, namely:
- do not carry out actions aimed at restricting or hindering other users from accessing the Services, as well as attempting unauthorized access to the resources of the Contractor and to other systems that are accessible via the Internet;
- not to send via the Internet any information that contradicts the requirements of the legislation of Ukraine or the norms of international law;
- not to publish and not to transmit any information or software, which include computer viruses or other components that are equal to them;
- not to carry out actions aimed at sending, publishing, transmitting, reproducing, providing or using in any form information, software or other materials obtained in whole or in part using the Services (unless authorized by the owner of such information, software or other products), subject to the availability of a written request from the owner of such information on the restriction of the listed actions;
- do not send commercial and other electronic messages that are not agreed upon (in the absence of a request) with their recipients, as well as in case of violation of the Network Use Regulations adopted by the Open Forum Working Group of Internet Service Providers if the recipient has such a written statement;
- not to publish and not transmit via the Internet any information that contradicts the current Ukrainian or international law. In particular, this applies to:
- information that calls for:
1) the overthrow of the constitutional order;
2) violation of the territorial integrity of Ukraine;
3) war propaganda;
4) incitement of racial, national, religious enmity;
5) the commission of terrorist acts.
- information that contains elements:
1) cruelty;
2) violence;
3) pornography;
4) cynicism;
5) humiliation of human honor and dignity.
In the absence of legally established methods for determining whether a particular image is pornographic, the Contractor reserves the right to make such a definition.
The parties also agreed that it is forbidden to publish or transmit through the Internet information of pornographic or erotic content, located on the border with the pornographic, in the opinion of the Contractor.
- do not host or launch PROXY, VPN or tunnels;
- do not order or offer to send spam, including for the purpose of advertising;
Spam is e-mail not pre-ordered by consumers, which are either mass, or in which no reliable information is given about the full name, the mailing or e-mail address of the customer or the sender of these messages, or the subsequent receipt of which the consumer cannot stop by informing the customer or sender;
- do not send spam, including for the purpose of advertising;
- not to perform or contribute to the commission of any actions that interfere with the work of other Subscribers of the Services or the normal functioning of the equipment of the Contractor, including server load beyond the limits established by the Contractor for Subscribers in clause 1.1.1 of this Offer.
- not to carry out unauthorized access and causing any damage to the resources of the Contractor, users of the Internet and other networks that can be accessed via the Internet;
- other actions that contradict generally accepted norms of using Internet resources or pose a threat to the integrity of the Contractor’s communication network.
2.2.8. In case of detection of the fact of spam distribution, which contains information about the resource / site of the Subscriber hosted on the Contractor’s server, the Subscriber is obliged to delete this resource / site within 6 (six) hours.

if you need data from the server, then let us know and we will give you access to the server

if you do not receive a response within 24 hours, the data from the server will be deleted by formatting.

Security Department
www.Hosting.UA

Absolutely adequate, this is when a person can not not with verbs to write separately?