Beware of hostgator!!

Here is the deal, even if their TOS says NO REFUNDS, a lawyer could likely have that reversed. If there is sufficient evidence that proves:

1) The forum WASN'T a nulled vBulletin
2) Wasn't even a vBulletin forum to begin with
3) He paid for a year's service

Added in with the fact that their TOS's says an 45 day money back refund is included for shared hosting, reseller solutions, etc. Although it says there are no refunds on servers, administrative fees, install fees, etc. A laywer I am sure will find that this rule is biased seeing how it was their mistake in the first place for charging double and will find some way to get the guy/girl their money back.

It also says this:

It also says use 25% or more of system sources, if I was you tip... I'd ask for logs. If they can't provide it, I'm sure talking to a lawyer could get them to disburse of them.

Also, they say in the TOS that won't refund any dedicated servers. Isn't it awfully weird that they made it seem like some scheme saying "oh your using too much resources." Then they have to purchase a dedicated server. Like I said, I'd request logs and everything else to confirm this.

In other words, if you take this to a lawyer, I'm sure it would be looked at in court and I see enough evidence here to consider yourself thieved of your money. I have a strong feeling that it would also be ruled in your favor that the $500 be given back some how.

Take my advice speak with a lawyer ASAP... go to a forum that has lawyers on it and speak with them personally. Call me crazy, but I'm sure you could get your money back...

 

If he didn't use over 25% why would they want to boot him off? He is a costumer.... I wouldn't want any of my costumers leaving.

- Prilep

 

^^ I don't know but at the same time, why didn't they try and WORK SOMETHING OUT instead of just booting the customer. Imagine having your own show and somebody came in their and broke something, would you boot them out instantly or would you just say "Okay, it was a mistake just try not to do it again."

That is as clear as I can get it. Even at that, proof speaks louder then words, I'd still want to see some logs or some proof. If they can't provide that then their case doesn't hold up. Anybody can say they've done something but can they prove it?

In the great words of Denzel Washington (line taken from the movie Training Day): It's not what you know, it's what you can prove! Can they prove it? When they can then I'll give them the benefit of the doubt that he/she was wrong but that still doesn't justify the whole dedicated server scenario.

 

Hmm they did try to work it out. They told him to get a dedicated server. A shared environment has its limits. Im sure they can prove it.

- Prilep

 

^^ That goes back to what I said, isn't it awfully weird that they say their using too much resources and recommend a dedicated server. Then they charge them twice, I'm sure, knowing that dedicated servers are not refundable. And until they prove it with some logs and charts then HG's case holds no water, tips was ripped off.

But in either manner, I'm sure I'll get a lot of people arguing with me about it and everything but I've proven my point. And by the way, where did they try to work it out? I don't remember them saying "Hey, can you please stop using so much resources?" or "Your using too much resources, we suggest a reseller or a dedicated server if your not able to contain the resource usage."

I can't see a forum and a CMS consuming too much resources, maybe they need to make some plans that are "sensible." Saying you can offer 350GB of space and 3,000GB of bandwidth is probably what is causing their problem as it is.

 

A small PHP error can cause the CPU over-usage. Im not arguing. He probably got charged twice because it was either his mistake or theirs. Lets see what brent will say.

- Prilep

 

^^ I'll wait to see what he says as well, but if it was a small PHP error I'm sure the logs some how could've managed to find out how and where. I mean, it had to have told HG who it was that overloaded the server. We'll see what the guy Brent says. I don't know him so I can't say he won't help out...

 

Im sure he will.

- Prilep

 

^^ Well I'll be waiting around to see, hopefully this comes out equally for everyone...

 

I am sure he will reply your querries.. its a reputable company
lets wait for him to reply.

 

I have left host gator for good. I would not host any of my big, serious websites with them over. If ever I go back to them will be for a newly built site, just because their server is fast.

Any problem happens, they will close down your site and create tons of DRAMA. I was with them for a long time. I had installed a modification of VB that sends emails to inactive users only once though. They said, you are sending too many emails and so we have shut down your site. Dont send emails and we will bring the site. This took them 1 full day to resolve this small issue. And best of all, I said, get the site back online and only then I can enter the vbulletin panel and remove that email sending modification, they said NO, you remove and then I will open the site. This was so dumb of them. I said okay then, you dont bring site, there is no way to remove modification, and keep the site down, I am just taking away my site to some other reasonable web hosting company that will atleast not be so stupid. And then they gave my IP access and I could solve the issue.

Another time, they just shut my site saying using too much resources. Now they cannot contact before shutting your site. They don't care about customers. They will just shut the site for their own good and then contact without caring the fact that we are losing visitors every minute.

They said MOVE TO DEDICATED SERVER, I said okay, I will move, you get my site back for a day and two, I will arrange all money and I will move to your dedicated server. They brought it back and I happily took all back ups and moved to VPS of asmallorange.com

Phew!

 

He was just looking at this thread. Im sure hes working on fixing this.

- Prilep

 

Did you know? Hostgator is just a RESELLER!

They buy their servers from http://theplanet.com

Just compare the plans of VPS and dedicated, with the plans of theplanet.com


They are just earning good commission!

 

Hello,


There's a few issues here.................


1. You crashed our server numerous times. You had 100's simultaneous apache connections going. Here is a few of them....

22-0 23180 5/11/11 K 0.17 1 0 6.6 0.02 0.02 189.19.157.156 seekmp3.info GET /player.swf HTTP/1.1
23-0 23181 1/2/2 K 0.06 6 876 0.0 0.0000 0.0000 201.0.27.27 seekmp3.info GET /download.php?file=0dc037f7-a2a7-4bde-8e21-bf9d48a84708&id=
24-0 23182 0/2/2 W 0.06 7 0 0.0 0.02 0.02 189.12.197.84 seekmp3.info GET /index.php?search=sonifera+ilha HTTP/1.1
25-0 23183 1/7/7 K 0.15 1 1204 13.2 0.04 0.04 189.2.178.244 seekmp3.info GET /index.php?search=Guns+n%27+Roses HTTP/1.1
26-0 23184 0/0/0 W 0.00 9 1637926531 0.0 0.00 0.00 189.47.222.204 seekmp3.info GET /index.php?search=pitty HTTP/1.1
27-0 23185 1/2/2 W 0.06 9 232 1.9 0.00 0.00 201.93.220.1 seekmp3.info GET /index.php?search=RENATO+E+SEU

22-0 23180 5/11/11 K 0.17 1 0 6.6 0.02 0.02 189.19.157.156 seekmp3.info GET /player.swf HTTP/1.1
23-0 23181 1/2/2 K 0.06 6 876 0.0 0.0000 0.0000 201.0.27.27 seekmp3.info GET /download.php?file=0dc037f7-a2a7-4bde-8e21-bf9d48a84708&id=
24-0 23182 0/2/2 W 0.06 7 0 0.0 0.02 0.02 189.12.197.84 seekmp3.info GET /index.php?search=sonifera+ilha HTTP/1.1
25-0 23183 1/7/7 K 0.15 1 1204 13.2 0.04 0.04 189.2.178.244 seekmp3.info GET /index.php?search=Guns+n%27+Roses HTTP/1.1
26-0 23184 0/0/0 W 0.00 9 1637926531 0.0 0.00 0.00 189.47.222.204 seekmp3.info GET /index.php?search=pitty HTTP/1.1
27-0 23185 1/2/2 W 0.06 9 232 1.9 0.00 0.00 201.93.220.1 seekmp3.info GET /index.php?search=RENATO+E+SEU

It was either kick you or refund a few 100 accounts and lose dozens of customers since your site was using 10x more usage then everyone combined.

2. Your site is breaking our tos by being used to upload and download illegal files through esnips.com
This is a tricky line for a host..... While you aren't the one doing anything illegal directly I'm sure if someone wanted to they could sue you / us for simply linking and using a 3rd party to distribute illegal files. Either way this results in tons of DMCA complaints for a host and usually downtime as a result of anything illegal getting slammed from the amount of people interested as was the case with your site.

What if someone was uploading kiddie porn? Is it ok because your site isn't the one hosting it just linking to it?

3. The server you ordered isn't going to be powerful enough since the server you were taking down is much more powerful.

4. Your first charge was voided meaning it was never charged. This was done until a copy of id was received at which point we charged your account for real.

5. We tried calling you as well as sent you an email about your account being suspended for taking down the server. Had you responded to the abuse ticket getting your dedicated server online would have cut the line of everyone else. Since this wasn't done you were put in the normal line which takes 24/48 hours.

6. Your server is being setup at this moment and should be online in a few minutes with your site fully copied over. I'll be happy to refund your payment meaning your first month is free. However with that said you're going to have nothing but issues due to the server not being powerful enough and when we start receiving dmca complaints we will have no choice but to give you the boot. If we don't receive dmca complaints then you have nothing to worry about here. Unfortunately we won't be able to pay the legal fees that would be required by keeping your account online since obviously this would be much much higher then $50 a month before support costs that we profit off the server.

 

HPA we are theplanet's larger customer with thousands of server. They don't offer shared or reseller hosting so there's no way we are just "reselling". With dedicated servers you are kind of right with the exception that their servers aren't managed while our servers are fully managed. If you can manage the box yourself you are better off getting the server directly from theplanet. If you are looking for full management then we are the host for you.

 

Yet another nightmare story of Hostgator..... Very dissapointing to not have that guy answering your question.

 

Okay, here are my questions I would ask if I were tips:

1. If I am using 10x the resources then why didn't you try to work with me on the issues instead of booting without any warning? This is inconvenient for the customer and will make them feel "rejected."
2. If the server wasn't going to be strong enough, why would you recommend it or say we'd be better off on a dedicated server? (Assuming this is what they told you.)
3. Why does it take 24-48 hours? Is this because HostGator is "dropshipping" for The Planet who are backed up by many other customers?
4. If the server isn't large enough, can I get a refund before you even set it up. I don't want to set it up if its not going to be powerful enough.

That's just some questions I would ask. Maybe I'm asking dumb questions or whatever, but if I was you, I'd purchase a dedicated server DIRECTLY from The Planet and hire someone like PlatinumServerManagement.com for only $30 more a month. At least you'd be better off. But thats just my .02 cents.

 

I think that was excellent advice and great questions BusinessMinded08.

 

Thats because they actually have to go to the DC and set up the server.

- Prilep

 

^^ Being its a datacenter you would think either:

1. The Planet would have tech's on hand to do the offer for you...
2. HostGator would have tech's there to do it...

Its like they sit in the office all day and then at the end of the day, they go there to setup all of the orders. Very inconvenient if you ask me...