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But if they sell it as unlimited and have no fair use policy, they need to honor their contract. The part of the T&C they point to just says they can terminate
by 300bps 4y ago
But if they sell it as unlimited and have no fair use policy, they need to honor their contract.
The part of the T&C they point to just says they can terminate any contract for any reason.
First you say they need to honor their contract and then say they're honoring their contract. What's the problem? Similarly if someone runs a restaurant with an "All You Can Eat!" special and someone comes in with a 40 gallon drum and starts filling it up from the buffet, that person is going to be asked to leave immediately.
There's no possible way that Hetzner could a) Predict every way someone could abuse their system and b) Put them all in their marketing materials. So they have that clause in their contract and they're using it.
- 13415 4y agoIt's not an abuse of a system to use it in the way it was advertised. If it says unlimited, then it's unlimited. "All you can eat" means all the individual customer can eat (usually within a time frame). If you offer it and then stop offering food when customers (in your opinion) eat too much, then that's fraud.
- 300bps 4y agoIf unlimited means unlimited then why doesn't "all you can eat" mean all you can eat? Why are you assuming unstated restrictions on "all you can eat" when you aren't allowing unstated restrictions on "unlimited"? You literally made up the restriction of, "usually within a timeframe".
- 13415 4y agoNo, I didn't make up a restriction. You misunderstood. "All you can eat" offers usually contain an explicit time frame, for the obvious reason that they don't want customers to enter in the morning and re-enter in the evening. That's why I wrote "usually". If they don't, then that's their mistake and they have to literally offer all the customer can eat. The same for hosting. If you make your offer unlimited and don't make any exceptions explicit, then your offer is unlimited. The least thing you have to do is to add a little * and list the exceptions in every advertisement. Otherwise it's deceptive advertising and bait-and-switch fraud. It's really very simple.
- thaumasiotes 4y ago> The part of the T&C they point to just says they can terminate any contract for any reason. > First you say they need to honor their contract and then say they're honoring their contract. What's the problem? The contract terms don't actually say they can terminate a contract for any reason, though. They actually say they can terminate a contract "for good cause", where "good cause" is explicitly undefined. They'd be on better ground if their contract really did say they could terminate it for any reason.