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If you're taking a bus between two cities, can they decide in the middle of the trip that they don't want your business anymore, refund half your money, and lea
by raldi 15y ago
If you're taking a bus between two cities, can they decide in the middle of the trip that they don't want your business anymore, refund half your money, and leave you at the side of the road?
Of course not. That's called breach of contract.
And unless This* has a carefully-written escape clause in their service contract, they would be just as liable for canceling service in the middle of a contract period as well.
- sdrinf 15y agoFrom: http://www.thiswebhost.com/terms.html http://www.thiswebhost.com/terms.html : 9. Suspension/Termination (a) Suspension of Service. Customer agrees that ThisWebHost may suspend services to Customer without notice and without liability if: (i) ThisWebHost reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) ThisWebHost reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay ThisWebHost’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
- raldi 15y agoI don't see anything in there that looks like it pertains to what happened. If either of them suffered a significant loss due to the suspension or the deletion of data, they might have a pretty solid case.
- jvdh 15y agoYou're forgetting about the AUP, especially this part: Customer Communication Please remember that the staff at this* are, like you, only human. We expect to be treated with the same level of respect as you'd expect us to treat you, so please bear this in mind when communicating with us, and more importantly before clicking the "Send" button. We reserve the right to ignore and discontinue any correspondance we consider personally threatening, abusive or otherwise intended to invoke negative responses to the person receiving them. Legitimate and constructive criticism, however, is strongly welcomed - providing you can deliver this to us in an appropriate and sensible manner. Abusing members of staff is absolutely not tolerated, and will result in an instant account termination.
- nodata 15y agoWhy does everyone always quote AUPs? The law counts above an AUP.
- pavel_lishin 15y agoWhat law was violated?
- puredemo 15y agoContract law.
- dclowd9901 15y agoThe Agreement references the AUP, so it's on the same level as said Agreement.
- JoeAltmaier 15y agoPrecious fusspot
- user-id 15y agoTo extend on your analogy, I'm pretty sure if you started cussing out the bus driver because your mate hadn't paid and got left at the depot, you'd be on the side of the road too.
- raldi 15y agoIt all depends on the contract. Presumably, a bus ticket would say something about not endangering or disturbing the other passengers, but if you just, say, tweeted angry messages to the president of Greyhound, it would be a hell of a stretch for them to find grounds to legally void the contract (i.e., kick you off the bus).
- rmc 15y agoSomeone in the UK was convicted of a crime about joking about an airport on twitter. Getting kicked off the bus sounds mild in comparison.
- glenngillen 15y agoReally? I've seen plenty of people kicked off buses for unsociable behaviour.
- risratorn 15y agoYea, why don't you just try? Step on a bus and start being a total dick and harass other travelers, chances are high you'll be kicked off the bus before you arrive at your destination. IMO that's exactly the same thing.
- raldi 15y agoI addressed that four hours before you posted this. http://news.ycombinator.com/item?id=2894221 http://news.ycombinator.com/item?id=2894221