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Joyent Drops Lifetime Account Holders 443

Posted by Soulskill
from the nothing-lasts-forever dept.
New submitter samnorsk writes "I've long been a lifetime account holder of an old textdrive (now Joyent) cloud hosting account. I remember purchasing the account back in college for a few hundred bucks when I really didn't have the money to spend. At the time, I thought that the opportunity to have a persistent lifetime shell / web hosting account would be valuable. This would be a resource I could fall back on no matter what my current situation was. Now, I just received an email stating that Joyent intends to shut down my lifetime account. Quoting: 'We appreciate and value you as one of Joyent's lifetime Shared Hosting customers. As this service is one of our earliest offerings, and has now run its course, your lifetime service will end on October 31, 2012.' They do offer a 512MB cloud machine for one year, but presumably if we don't take that, we're done. In any case, our lifetime commitment would still be dropped in one year if we take that offer. How is it fair or legal for a 'lifetime account' to end when it is no longer convenient for the company? For reference, this was the original offer. In it, they state: 'How long is it good for? As long as we exist.'"
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Joyent Drops Lifetime Account Holders

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  • by Anonymous Coward on Friday August 17, 2012 @12:40PM (#41026119)

    that they don't kill you.

  • Recourse (Score:4, Interesting)

    by Anonymous Coward on Friday August 17, 2012 @12:41PM (#41026133)

    Smells like a class action suit to me...

    • by ackthpt (218170)

      Smells like a class action suit to me...

      Sounds like the old clause: "Subject to change without notice" at work.

      • Re:Recourse (Score:5, Interesting)

        by hobarrera (2008506) on Friday August 17, 2012 @12:46PM (#41026261) Homepage

        In many cases, judges have ruled that the changes cannot be so unbalanced towards one side. "No longer providing a service you have already paid for without any compensation" sounds like a case that would most likely result in this.

        • Re:Recourse (Score:5, Interesting)

          by DigiShaman (671371) on Friday August 17, 2012 @12:58PM (#41026549) Homepage

          I'm not a lawyer, but he may have a case. Joyent may in fact already know this and calculated it cheaper to settle on offering a lifetime account again --on a per user basis--. The idea betting on all other account holders shrugging it off. In the end, Joyent saves money.

          • Re: (Score:3, Informative)

            by rtfa-troll (1340807)

            \ Joyent may in fact already know this and calculated it cheaper to settle on offering a lifetime account again --on a per user basis--.

            Given that all the responses on their forum say something to the effect of "contact support and we'll work it out" I think you may have a point.

        • by petes_PoV (912422) on Friday August 17, 2012 @01:16PM (#41026979)

          It's not uncommon for this to happen and apparently, it's legal.

          A fitness centre near here sold "lifetime memberships" and after 5 years, cancelled them. They duly got taken to court and the judge ruled in favour of the fitness centre. You might possibly be able to argue that if the supplier had known at the time of selling these "lifetime" products that they would withdraw them after a short time, there was a fraud, or mis-seling, or false advertising - but it would be difficult to prove and probably not the case, anyway.

          This is just another phrase that changes its meaning where money and profit are involved. Just like "unlimited" (broadband), "free speech" and "our customers are important to us".

          • by cpu6502 (1960974) on Friday August 17, 2012 @01:32PM (#41027245)

            >>>The judge ruled in favour of the fitness centre.

            If you would like to speak to the judge, you can find him at the fitness center every Friday night, using his free gold pass.

            This seems like a scam to me. The reason you pay the outrageously high "life" prices of ~$1000 is because over the longterm (say: 15 years) it's cheaper than the annual rate (~$100). It's a bargain plus your loyalty is being rewarded.

            For companies to discontinue the membership means they actually charged MORE per year than the annual rate. If I did that I'd be called a scam artist like Mr. Charles Ponzi, but if corporations do it then it's somehow okay.

            • by Impy the Impiuos Imp (442658) on Friday August 17, 2012 @02:48PM (#41028469) Journal

              Never buy lifetime memberships. They are scams -- where do they get the money to keep business ging several years down the road? They haven't invested the money, I assure you. They have spent it.

              The business model is to take your money, party rock hard, then go out of business. This was the fraudulent business model of many fitness clubs when they exploded in popularity in the late 70s thru early 80s.

              When I see new MMORPGs with monthly pay-to-play offering "lifetime pass" options, I run for the hills, even as suckers sign up, fancying themselves getting a deal.

              That just says to me they realize they have a lemon on the way.

              • Well, in case of going out of business, or shutting down an MMO, the "as long as we exist" clause would kick in. This is a case of the CEO admitting "we would have to upgrade the hardware providing the service, and we don't want to do that". Some lawyers will make a lot of money of it, and the victims will get a $10 off coupon.
        • Doesn't matter. These folks made sure they had a "get out of jail free [archive.org]" card. Starting and certainly not ending with a waiving of right to sue in favor of arbitration, and an attempt to get out of any legal encumberments pursuant to the "Interstate Commerce Clause".
          • Re:Recourse (Score:4, Informative)

            by Nethemas the Great (909900) on Friday August 17, 2012 @02:15PM (#41027977)

            Oh, and I almost forgot the most obvious and on point...

            TextDrive, Inc shall not be liable for delays or defaults. TextDrive, Inc shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of TextDrive, Inc are due to: Acts of God or of a public enemy; Acts of the United States or any state or political subdivision thereof; Fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes; Embargoes, epidemics or quarantine restrictions; Shortage of goods, labor strikes, slowdowns, differences with workmen or labor stoppages of any kind; Delays of supplier or delay of transportation for any reason; Causes beyond the control of TextDrive, Inc. in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials. Acceptance of delivery of goods or services shall constitute a waiver and release of TextDrive, Inc by Client for any claim for damages, setoff, discount or other liability on account of delay.

      • Re: (Score:3, Informative)

        It doesn't say anything of the sort under their Terms of Service at the time, available through the wayback link.

        • Re:Recourse (Score:5, Insightful)

          by pixelpusher220 (529617) on Friday August 17, 2012 @12:51PM (#41026383)
          Link is here [archive.org]

          Agreed, nothing in the TOS talks about cancellation, and given the boilerplate nature of such things, me thinks they can cancel it if they want. Besides, how much money are you going to spend to fight them in court? Me thinks, not much.

          And more importantly, how many other people are in your situation? Me thinks not many.

          'Not Much' + 'Not Many' = you get to find another solution. And of course rightfully bitch about them publicly :)
          • Re:Recourse (Score:5, Insightful)

            by afidel (530433) on Friday August 17, 2012 @01:00PM (#41026567)

            I'd file in small claims court for the original amount paid. If they don't send a representative you win a default judgement and send them a letter including the court document link. If they don't pay you turn them over to a collection agency (trust me NO company wants a collection agency showing up in a credit report).

            • by Chirs (87576) on Friday August 17, 2012 @01:02PM (#41026643)

              Ask for the original amount paid, plus money for your time and hassle setting up a new account and moving everything over to it.

            • by Hatta (162192)

              Depends on your state. In my state, and many others, either party can ask the judge to move the case to regular court and he will. Once in regular court, you will have your ass handed to you unless you hire an expensive lawyer.

              The justice system doesn't even bother pretending to be fair to the little guy anymore. The entire economic and political system on this planet is a complete and utter scam.

          • Re:Recourse (Score:5, Funny)

            by Grimbleton (1034446) on Friday August 17, 2012 @01:51PM (#41027589)

            Do you get paid every time you say "me thinks"?

      • Re: (Score:2, Insightful)

        by Anonymous Coward

        Sounds like the old clause: "Subject to change without notice" at work.

        Wait'll Steam shuts down. Whether it's in 5 years, 10 years, 20 years, if it's hosted in the cloud, it'll eventually go away. If it's hosted on your own drive, and copied to your backup drive that's in a geographically-remote location, it's yours forever.

        • by Nadaka (224565)

          Steam is cracked, if steam shuts down, I have methods of continuing to run most/all of my steam games if I put in a little effort.

        • Re:Recourse Steam (Score:4, Informative)

          by Drafell (1263712) on Friday August 17, 2012 @01:35PM (#41027317)

          Except Steam have already made it publicly known that they have a procedure in place to ensure you don't lose access to games in the event that they have to close doors.

          • Re:Recourse Steam (Score:4, Informative)

            by Jiro (131519) on Friday August 17, 2012 @02:02PM (#41027759)

            Bankruptcy lets a company renege on its obligations. If the company goes bankrupt, the bankruptcy court gets to decide whether the company has to make good on the "promise" that you can keep accessing your games. They may very well decide that the company should pay all its money to creditors and not use any money to pay for programmers, servers, or customer service people to give you access to your games. They might decide that the company should do it anyway to avoid losing intangible goodwill value, but they by no means have to.

    • Probably win by default. Not only that but he'd actually get his money back this year as opposed to waiting til ~2015 and then have it go to the lawyers.
    • Re:Recourse (Score:5, Interesting)

      by swell (195815) <jabberwock.poetic@com> on Friday August 17, 2012 @01:06PM (#41026715)

      Forget class action- after attorney fees you will have little or nothing.

      Small claims court is what you want. There are some huge advantages: 1- low cost to file. 2- attorneys are not allowed- only plaintiff and defendant. 3- if defendant does not appear, he will usually lose automatically. What's the chance that the CEO will come to your town to contest a $500 claim?

      Sometimes there is difficulty collecting your judgement if, for instance, an individual skips town. This defendant is easy to find and easy to force payment from.

      Usually you can only make them pay for actual costs. No 'pain and suffering' claims, etc. IANAL, check the rules where you live.

      Have fun. If hundreds do the same you might actually be a nuisance to them.

  • Ask for a refund (Score:5, Insightful)

    by qwijibo (101731) on Friday August 17, 2012 @12:41PM (#41026137)

    They're voluntarily discontinuing the service, they should be willing to pay the $499 back to those who ask for it.

    • This, right here.

      If it is available or you have a copy, go over the original terms and conditions docs you got when you purchased it. Unless there's weasel-wording in there (there likely is), you can possibly take them to small-claims court for at least the money you initially paid.

      • Re:Ask for a refund (Score:5, Informative)

        by ari_j (90255) on Friday August 17, 2012 @12:52PM (#41026415)

        From their terms of service [archive.org] at the time of the offer, remedies are limited to refund of the amount paid and disputes over $250 must be arbitrated. "Lifetime" is not defined but their offer clearly says "as long as we exist" and they do still exist. If it were me, I would go for the refund and be thankful for 6 years of free use.

        • Re: (Score:3, Insightful)

          by thesameguy (1047504)
          Do they actually still exist? I was under the impression the agreement was with textdrive, and textdrive no longer exists (having been bought by Joyent).
          • Re:Ask for a refund (Score:5, Informative)

            by Barefoot Monkey (1657313) on Friday August 17, 2012 @01:09PM (#41026783)

            "Copyright 2004–2006 TextDrive Inc. TextDrive is a trademark of Joyent Inc."

            It looks to me like the agreement was with Joyent the whole time. At the very least they were a party to the agreement. Joyent still exists.

        • by TubeSteak (669689)

          If it were me, I would go for the refund and be thankful for 6 years of free use.

          Free?
          Six years of 5% interest on $499 is worth about $170
          Inflation means $499 in 2006 dollars is worth about $40 more in 2012

          Just getting his money back = a loss.

    • They are clearly playing the "my lawyers and bigger than your lawyers" card. They're the corporation so some dope, powerless individual isn't going to have any power, right?

      Several people affected need to get together and pay a lawyer to write a letter...

      • by qwijibo (101731) on Friday August 17, 2012 @12:55PM (#41026477)

        If you have to deal with a lawyer or go to court, you've already lost. Going down that path suggests your time is totally worthless, as is your money.

        I don't see why more people don't think of something as simple as responding with a polite request for a refund. Is it really worth their time to deal with bad PR and the deluge of hate emails/calls to their support people from a bunch of annoyed /.ers? Hint: it's really easy to waste many thousands of dollars on dealing with annoyed customers. There's got to be a limited number of people who have the lifetime product, so there's a finite amount that refunds would cost the company to get out of the deal with the least hassle.

    • They're voluntarily discontinuing the service, they should be willing to pay the $499 back to those who ask for it.

      Plus interest. If they only pay back the original sum they've converted the lifetime offer into an interest free loan, under false pretenses, for their benefit. And that's not even accounting for inflation.

      • Arguably, they can claim that the loan's "interest" was the years of service they did provide. They should definitely be on the hook for the original fee, though.

  • I smell a class action, if enough people rely on this lifetime service, and a loss of that service would demonstrably financially harm them.

    • TOS specifically mentions that disputes go to arbitration. Don't know how binding that is in California.

      • by Mashiki (184564)

        Pretty sure that it's not binding in California. I seem to remember that California amended their consumer protection act to get around the arbitration thing. Though, to a point class action for such a small amount of money are useless. Small claims are better, you'll almost certainly get the full amount of the money back. And you'll recoup the filing costs as well. You don't need a lawyer, you can present all the information yourself to the judge. And on the upside, if they don't show, it's an automa

  • Reading the Ad offer, and actual ToS from the time this will probably be an uphill battle, consult your local lawyer but likely they'll point out the many ways they can wiggle out of this deal.
  • by fruitbane (454488) on Friday August 17, 2012 @12:46PM (#41026251) Homepage

    Well, I read the archived FAQ and TOS and I didn't see any disclaimers. Technically, a company that lists something like a lifetime guarantee or lifetime warranty can get away with only warrantying or guaranteeing the product or service for its market life. Meaning my frying pan with a lifetime warranty is good for what the company deems the lifetime of the frying pan, modified by federal and local laws on what constitutes an acceptable minimum lifetime period. On the other hand, the ad you linked via the Wayback Machine didn't say lifetime, but rather the life of the company. If they've been bought and changed hands they could be considered a new company. Either way, I'd say there certainly seems to be the possibility that they could be legally liable for breach of contract. Just make sure if you decide to take them to small claims court that there's no activity in your own history with their service that violates their TOS and Acceptable Use provisions, because they can use that against you.

  • Charlie Bucket: But it didn't close forever, it's open right now.
    Mrs. Bucket: Ah, yes, well sometimes, when grown ups say "forever," they mean, "a very long time."

    When businessmen and politicians say "forever" they mean... remember your children's stories.

  • Seriously though, for that amount your best bet is to take them to small claims court.
  • They are obviously saying that they are coming to kill you on 10/31 (and presumably anybody else whose service needs to be terminated). That is the only way out for them - let the rest of us beware of "lifetime" agreements!

  • yours, or their business model's?
  • Or maybe they're planning on sending some people with bats around to make sure his lifetime commitment comes a close on schedule.

  • by rwven (663186) on Friday August 17, 2012 @12:47PM (#41026295)

    Well, I guess I know to stay away from this company in the future... Total fail.

  • by Aviation Pete (252403) on Friday August 17, 2012 @12:50PM (#41026337)
    In the workplace we have learned to trust our employers just for the duration of the current project, if at all. Why would you now expect a faceless entity run by weasels to be any different?

    I have learned this also the hard way. I once bought a Peugeot bicycle with a lifetime warranty for the frame, which duly broke a few years after. I first wrote Peugeot, and they pointed me at their French headquarters. I wrote them, even in French, and was referred to the bike dealer, where the circle continued. Long story short: I never got anything for my warranty besides the inflated price for the bike and the lesson what a lifetime warranty is *really* worth these days.

    I will never again buy something again from Peugeot, but they sure couldn't care less. The government covers their losses anyway.

    • Long story short: I never got anything for my warranty besides the inflated price for the bike and the lesson what a lifetime warranty is *really* worth these days.

      So, they gave you your money back, adjusted for inflation? And that money covered the price of the whole bike, and not just the frame? If so, that sounds pretty reasonable. What more could they do (other than perhaps compensate you for the time it took to get them to honor their warranty)?

  • It sounds to me like they're struggling financially and are trying to convert all of you "lifetime" folks back into monthly paying members so they can pay their bills. My guess is that for a measly half a gig you could find a much better deal elsewhere and a lot of very annoyed people are probably going to do exactly that. There is a good chance this company won't exist in a year regardless, and this is just giving you a head start on finding a new cloud hosting company.
  • by Anonymous Coward

    If there were less regulations on the industry then this company would never be able to do this. Your best bet is to vote for Ron Paul and to hope that in the future we will have a free enough market that companies will honor their contracts without having to screw their customers because of government regulation.

  • Your answer is in the terms of service:

    The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement

  • Waitress: Sir, this card's expired!
    Professor: But it's good for a lifetime!
    Waitress: Well, yours expired!

  • by Dzimas (547818) on Friday August 17, 2012 @12:53PM (#41026425)
    Email them, politely requesting a full refund. They entered into a contract with you to provide service for "as long as they exist." They are attempting to unilaterally modify the terms of the agreement. While companies often try to grant themselves the right to modify a contract at will, courts have found this to be an unreasonable practice. See Douglas v. Talk America - (http://pub.bna.com/eclr/0675424_071807.pdf ) Should the company fail to respond, investigate filing a case in small claims court requesting a full refund plus interest and reasonable expenses. You may run into difficulty if you reside outside the State of California, because you agreed to undertake all legal action in that state when you signed up. That said, you can include the cost of travel in your suit. You'd have to do a bit of research before filing, but I suspect the company would chose to issue a refund instead of dealing with the hassle of a small claims appearance.
  • by Howard Beale (92386) on Friday August 17, 2012 @12:56PM (#41026489)
    class action lawsuit.
  • This is what class action suits are for. Do you think the executives are taking any cuts or are they paying themselves huge bonuses for how smart they are. This is a classic MBA style move. They might save a few bucks and it looked good on a spread sheet; but now I have labeled Joyent as a waste product in my head. Thus if at some future time I am shopping for a replacement for my present hosting I would just strike Joyent off the list. Before this I had never heard of them. Good PR Job Joyent.

    From my li
  • If a company promises life-time and spell out what they mean by it, then they should be held accountable on the terms defined. Then again in all reality, there is no such thing as a life-time account, just as in life there are no guarantees.

    If you aren't hosting your own service, then be ready to be kicked out when the landlord decides to kick you out, but at the same time they should a) be abiding to the terms of services and b) giving you sufficient time to find an alternative provider. One month is *very

  • by wcrowe (94389) on Friday August 17, 2012 @01:04PM (#41026661)

    I don't know what to say to the original poster, but I know of a matchmaking site that used to offer a "lifetime" membership. Think about it. How pessimistic are you if you buy a lifetime membership to a matchmaking site?

  • by SuperKendall (25149) on Friday August 17, 2012 @01:05PM (#41026687)

    Who knew the Mayan were really talking about Joyent all along?

    That's a load off my mind anyway.

  • by rickb928 (945187) on Friday August 17, 2012 @01:10PM (#41026839) Homepage Journal

    I've had these experiences with gyum memberships:

    Signed up for guaranteed lifetime rate. Received notice that program was being terminated, and could sign up for limited contrct at different rate. Left for another gym.

    Signed up for lifetime guaranteed rate. Gym sold to another company with new signs put up overnight, new company would not honor membership. I have both left for another gym and negotiated a reasonable rate.

    Signed up for limited contract at guaranteed rate. Gym closed, re-opened under new ownership, new ownership would not honor membership. Mostly left for another gym.

    Signed up for a lifetime guranteed rate, informed my contract was cancelled when the card used for payment expired and gym did not notify me my payments were not being made. Required to pay past due balance with penalties, resign for new higher rate. Ignored new rate, paid past due and refused penalties, left for another gym.

    Most recently, signed up for lifetime guaranteed rate, suspended membership, notified that it was cancelled for non use. Required to resign with initiaition fee, higher rate, different terms. Refused, kept original contract and pointed to the paragraph where it was lifetime, no disclaimer for non use. Contract reinstated with dirty looks from the manager for a year until he got an offer he could not refuse.

    I doubt you'll get satisfaction, but they have several ways to legally avoid this. I would try to negotiate something like a minimal yearly fee, and when they offer a contract, ask them how this one is any more binding than the last one... And it is highly likely that they are doing this because they are losing money on those lifetime deals. The worst-case resolution is for them to go out of business, and leave you with not even your old data.

    Sucks to be a realist.

  • Update (Score:5, Informative)

    by teidou (651247) <{moc.sitif} {ta} {tiat}> on Friday August 17, 2012 @01:15PM (#41026955) Homepage
    They are now offering a refund or 5 years of hosting [joyent.com]. I'll probably take it and move on.
    • by fnj (64210)

      Don't take the refund unless they give you the investment plus a fair rate of interest over the intervening years. Time value of money. Even that is still doing them a favor considering the future years they have stolen from you, but I suppose it's better than a kosh on the head in a dark alley.

  • by nomad63 (686331) on Friday August 17, 2012 @01:23PM (#41027099)
    I am sure I will get a lot of flack just because how my subject line reads, but, looking at the track record of oline services, it is never a good idea to buy into any kind of cloud/web service, by paying your hard earned cash. I have been bitten by the now-defunct sunrocket.com VoIP service, which was supposed to cost me $200 for 2 years and after my 7th month they went belly up with no recourse for me to recoup my money. So I paid $200 for 7 months of VoIP service at the time. And there were much cheaper alternatives available when I got into this situation. The original poster is in a better position than I was, because he has an entity to sue and get some of their money back. How much is a question to be answered by small claims courts of California, but still, it is better than nothing. And this is exactly the reason why I refuse to pay for any service which is running on the goodwill of a person or few people, residing on the cloud. It is very easy for these outfits to disband themselves and ride into sunset with your money. $10 per year for a simple service may not be much but in principle, if I am making a contract to earn that money, I want to see the same from any service provider, to whom I will hand out any tangible object to acquire their service. And last but not the least, some half-baked, hare-brained ideas of 20-something year olds without much business understanding (which this particular case definitely sounded like one) is never a good idea to buy into, at any capacity, paid or not. I will be happy to give some of my screen real estate to ads, if the service is good enough to warrant some use from me. At least, when they disappear, I don't have to deal with financial losses. And to the original poster : What were you thinking when you aere shelling ot half a grand from your already non-existent funds, to sign up for such an ephemeral service ? Really, I don't see the value in the premise. I mean 2 months after they take your $500, they could have disappeared and you could have nothing to show for that loss. And I love the TechCrunch'es take "It's not about the money". To the people who did not lose money on a deal, it is never about the money. But for people like me, regardless how much money I make, I am pissed off if someone walks away with my $500 or even much less. And yes it *IS* about the money. Things like this, make my blood boil. Thanks for reading my rant, if you lasted this long.
  • Full TOS (Score:4, Informative)

    by RandomUsername99 (574692) on Friday August 17, 2012 @01:33PM (#41027275)

    This is the full ToS from TextDrive from when this offer was available:

    TextDrive Terms of Service

    The following terms and conditions (these “Terms”) govern the provision by TEXTDRIVE, INC. (“Company”) of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.”

    Our Hosting Services
    Maximum Hard Disk Space. Customer will be provided with the amount of disk space stated in either their dedicated quote or corresponding plan from http://textdrive.com/plans/ [textdrive.com]. Disk space and usage are monitored by TextDrive, Inc., when possible quotas are soft and responsible overages should not impair Customer’s ability to access said disk space. Customers are responsible for purchasing additional disk space beyond that detailed in their “Plan” or to remove files in order to bring their usage with their Plans’s limit.
    Jurisdiction and Jurisdictional Disputes. TextDrive Inc is a California corporation. The parties recognize that TextDrive, Inc is under the legal jurisdiction of the State of California, and US federal law. The parties expressly recognize that, where TextDrive, Inc. is acting solely as Customer’s Host, TextDrive, Inc. is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where TextDrive, Inc. is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold TextDrive Inc. harmless, defend TextDrive, Inc. and challenge the jurisdiction of out of state authorities over TextDrive, Inc.
    Storage, Backups and Internet Link. TextDrive Inc. shall store Customer’s Web Sites and Email messages on TextDrive Inc’s servers. The parties expressly recognize that Internet servers and links are susceptible to crashes and down time. TextDrive, Inc. warrants that it shall maintain a consistent link with the Internet, but TextDrive, Inc. cannot and does not warrant that it shall maintain a continuous and uninterrupted link. However, TextDrive, Inc does pass through the following Service Level Agreement from it’s Managed Hosting Provider (NextLevel Internet, Inc. of San Diego, California) and that is 100% Power Uptime and 100% Network Uptime. TextDrive Inc. does monitor all services on our servers at minimum of 5-minute intervals.
    Bandwidth. TextDrive, Inc agrees that it shall maintain a 100Mbps connection to each server, however, TextDrive, Inc. does not warrant any response rate or download time beyond it’s control, as this is depending on Customer’s and End Users ISP connections.
    Maintenance. TextDrive Inc. may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems. However, TextDrive, Inc. shall provide prior notice where it is reasonably practicable under the circumstances, and shall restore service as soon as is reasonably practicable. Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond TextDrive Inc’s control or which is reasonable in duration.
    Security. The parties expressly recognize that it is impossible to maintain flawless security, but TextDrive, Inc. shall take reasonable steps to prevent security breaches in server interactions with Customer and security breaches in TextDrive Inc’s server interaction with resource

  • by McKing (1017) on Friday August 17, 2012 @04:40PM (#41030255) Homepage

    This is my response, I just sent this back to the CEO.

    ---- start ----

    I am understandably upset by this particular turn of events, since the terms that I signed up for stated that this service would be available for "as long as we exist" http://web.archive.org/web/20060203030930/http://www.textdrive.com/mixedgrill [archive.org]. That's pretty cut and dried as far as I'm concerned.

    I'm not usually someone to make waves, but is my single little shared server with 2-3 domains pointed to it (that receive a few hundred hits a month) really impacting your bottom line enough to justify breaching the deal that we agreed to way back in the beginning?? If anything it costs you significantly less to maintain that service for my one account now than it did in 2006.

    The goodwill that offers like the Mixed Grill and your excellent service and customer support have earned you have been reciprocated by me (and other Mixed Grill customers) over the years in the glowing reviews that we have given you, increasing your customer base. If the other Mixed Grill users have been anything like me, they have recommended you to friends, coworkers, and business associates. They have probably enjoyed watching your company become the leading company to use Solaris and OpenSolaris technologies and they have probably been in awe of your advances with ZFS (as Strongspace), zones (with Shared Accelerators and now SmartOS), and they have been your biggest fans. I will bet that you have made a lot more money off of the Mixed Grill users than we have cost you. If the experience of Oracle with OpenSolaris has taught you anything, keeping the goodwill of your long-term fans and supporters is the most important resource that you have. Oracle learned the hard way that alienating your die-hard fans for short-term profit will probably hurt you in the long run.

    I urge you to rethink this decision, and approach the original Mixed Grill customers as fans and supporters, and let us keep our little Shared Accelerators, or just migrate us to SmartOS instances without charge and let us continue to enjoy the great service that you are known for, all under the spirit of the original agreement.

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