Head Guru

Bottom line Annie is TCH is a hosting company, not a team of litigators. We have spent much time debating this issue and the time has come for you to either contact a attorney or move on to another subject. I am closing this thread.

Your driving down a street, the street is clearly marked with 45MPH speed limit signs and your speeding down that street at 70MPH. You make it home safe and sound, the car is parked in the garage and the keys are on the kitchen counter. You did not get caught speeding, so did you break any laws? Of course you did, you just did not get caught. If no one is around and a tree falls in the jungle, does it really make a noise? Who knows. Reality would tell us, yes that tree made a noise when it was cut down, but how do we know, we were not there to here it. Your neighbor is out of town for the month of June, and you decide to siphon water from their outside water spigot for the next 30 days. The day before they show back from vacation, you disconnect your hose. Few days later your water bill shows up and WOW you saved $190 in water for the month. Next day your neighbor's water bill arrives and it appears they were overcharged for water whilst they were on vacation. You figure, hey its just water. Did you break any laws? Yep, you just did not get caught. I have two points. Firstly, if you break the rules and don't get caught you have still broken the rules. Secondly and I want to be candid here, sometimes its best to simply not open the book of rules. If Annie would have hosted the content without posting this question of copy law in the opens forums, even if the content would have been in the gray area, we would have simply issued to her a demand of removal. However, now that we are informed that she intends to host content that is, at best, questionable, we are forced to take protect the Interest of TCH. Now that's not a open invite to host things that are illegal. I am just stating the hard cold facts.

In most cases you would 'not' be allowed to alter the images and then resell them for a profit. Royalty Free means that the copy holder is not collecting fees in realtion to the use of his/her copyrighted material. It does not mean that the image is not copyrighted.

This thread has reached a end. We have explained our posistion and why we take actions and when we do. If your account does not cause a problem, then there is no problem! If your scripts make server calls, fine. But if they cause issues, we will deal with it! However, phpshell is forbidden. We host over 22,000 domains and do a very good job at it, may I suggest if you can not live within our guidelines that you source a new host. I am closing this thread as I feel there is nothing else to discuss. As I said in my first reply, this is not a democracy and this policy is not up for a vote. Thread closed.

Your on server71 Specs are: Processors 4 Model Intel® Xeon™ CPU 2.80GHz Chip MHz 2799.25 MHz Cache Size 512 KB System Bogomips 22373.97 PCI Devices Intel Corp. 82801CA Ultra ATA Storage Controller Intel Corp. 82870P2 P64H2 I/OxAPIC (#2) Intel Corp. 82870P2 P64H2 I/OxAPIC Intel Corp. 82545EM Gigabit Ethernet Controller (Copper) Intel Corp. 82557/8/9 [Ethernet Pro 100] ATI Technologies Inc Rage XL IDE Devices hda: ST3120022A (Capacity: 111.79 GB) hdb: ST3120022A (Capacity: 111.79 GB) hdc: ATAPI-CD ROM-DRIVE-56MAX SCSI Devices none

I think the opposite of your thought Annie. Google PR is hard to come by. I would be smiling all the way to the Google PR Bank!

This topic has been explained over and over again, however for your entertainment I will make one last response. The scripts listed as banned have been banned due to repeated problems with them. It is WELL known that greymatter is a probem script, phpshell is banned as we do not allow end users to have shell access to our boxes and cpanel email has been banned for many reasons. If we are to add another banned script it would be posted here on the forums and we would give notice to any end user before taking action. As a private company we do not have a democracy rules form of management. There are rules put in place for everyone to abide by. The management of TCH chooses what rules and policies to implement. We do not put such in place for fun and games. Such have been implemented to make the shared server environment a safe, happy and productive place to be. With that said, I would ithink that f you can not follow the rules then your account will be terminated and you will be asked to leave the family. We do not allow phpshell nor do we allow shell access on any of our servers. So technically if your running shell commands then your using shell access and it is not allowed. Not sure how else to spell that out for you! Server resource usage is taken on a case by case basis. IF your abusing the server your site will get popped. If your site is using enough resources to effect others on the server we will suspend it. In most cases we will attempt to notify you that your account is in trouble of being suspended and you should take actions to correct the load problems. This is one area that will always remain a grey area. If we were to state that everyone could consume 15% of server resouces before getting suspended, would that be fair? Hell no it would not. Our server loads are always very low, so using the above analogy, if your site eats up 60% of server resources for 10 minutes and then throttles back to nothing your site would have gotten popped at 16%. However, with our current case by case system your site would have been just fine. As I have stated five thousand times on these forums, this is a case by case basis. As system admin with years of experiance it is VERY easy to tell when a site is abusing the server and when a site is not. I find it VERY hard to understand that you cant play by the above rules. They have been explained over and over again and are not going to be changed. We dont police our customers. AT ALL. I dont care what you host in your account, until it becomes my problem. I have also said that 5 billion times. Play by the rules and life is good. Break the rules, and get caught, then life is not so good. Although it is very clear in these forums, we will be added the banned scripts and banned shell use in the AUP & TOS today.

Jason, Thanks for the nice review. Oh by the way, go Flames!

If it were not for newbies there would be no experts. Everybody starts the race from the very same start line.

Shannon, Drop me a email or hit me on AOL/YAHOO IM. Congrats on your first year birthday Bill

I noticed your posting over at WHT. I would suggest one thing when looking for hosting. Do not be overly concerned with pricing. While it is important, it should not be your deciding factor. Perhaps that is why your changing hosts so often. The reason we dont offer add on domains is to keep our servers fast and reliable. It has been talked about so many times here on these forums, but we will not be offering add on domains to our virtual hosting plans. This is why we offer the reseller accounts. Good luck in your search for a new host. Bill

Sorry for that. Glad to have you in the family Annie. Bill

I LOVE the 15.4" widescreen.

Glad to hear it works now. What FTP client are you running? Bill

Annie, No offense but. Your list of reasons not to host on TCH (with the exception on #1) are the reasons our clients enjoy awesome uptime and fast servers. Lets go thru your list. 1) when you're looking for ASP hosting (TCH doesn't currently offer windows hosting) We are not a windows host. There are solutions for ASP over linux but none have proven to be reliable. 2) when you need a host that will look the other way if you do really large and fast mass mailing. We do not host spammers. We DO allow mass emailing within certain areas. If you have a massive email to send we always suggest that you submit a help desk ticket and let us know. We can always help. Why we dont look the other way? IP Blacklisting, mainly. If a email triggers spamcop or any of the other RBL's and the server ip's get blacklisted its a very ugly thing. Clients emails start bouncing and it can be difficult to get the ips removed. Also, if we looked the other way, TCH would be known as a host that allows spam. Our servers would then get filled with clients that send massive amounts of email. This will then slow down the servers, clients will complain and cancel and so on. 3) When you insist on certain resource hog software that isn't allowed here, such as Greymatter - on a shared account. Well this is shared hosting. Any script that is run that is abusive is frowned upon. I am sure you wouldnt like your neighbor using 99% of the server resources. As you wait for 3 minutes for your page to load 4) When you are planning on setting up a warez site. We do not allow the hosting of warez period. No need to explain this one. I hope. Bill

Sounds like a emachine. I personally own two emachine notebooks and a desktop. The new emachines M6809 notebook is a killer. AMD 64 is awesome for gaming and the ATI 9600 backs up the processing speed. I pulled the 4500 RPM harddrive out and replaced it with a Hitachi 7200 RPM 60GB Drive. Man it really cranks. $1399 after rebates puts the M6809 far ahead of the rest. I would also suggest Sager Midern Notebooks. Awesome value for the money.

we have had a record month for rain here in michigan. 8.5 inches in May I am glad to see things turned out ok for you Tracy, that is scary stuff. Bill

Yes you can upgrade from virtual to reseller without a problem. We offer no Service Level Agreement on Uptime. Our average uptime for 2004 is hovering at 99.969% at the moment. However, we do not offer money back or service credits for downtime. Ask around, I am sure you will see our uptime is among the best.

SMTP requires authentication So, no one is able to use your smtp accounts unless you provide them with username and passwords. Bill

Hi, We do not offer custom built hosting plans at this moment. The only plans offered are shown on our website. You can view all available hosting plans here http://totalchoicehosting.com/web-hosting-plans.html Our account activations are all completed within one hour, there is a manual review done by a staff member, but we are staffed 24 hours pre day and we are able to get new accounts approved within an hour or so. Good luck to you in finding a new host. If you have any other questions just let us know. Bill

The new system is really good. We are going to add a line or two to the invoice that states this is simply a reminder that your credit card will be charged on the 1st. This should remove some of the confusion. Bill

The AUP & TOS prevent the storage of copyrighted material, unless you own the script (IE: have purchased it). So if you dont own the script, its not freeware or shareware, then I would say it would not be ok to store them on your account. Bill

:):):)

Ok I added your IP to the database to bypass fraud checking. Try your order again.

I just dont know how else to help. Part of the problem is language issues. I am back on yahoo.