Guest Posted February 27, 2003 Share Posted February 27, 2003 I was with a certain hosting company that used OScommerce. Their support was terrible as well as their rudeness, etc so I moved to another hosting company. Now...when I moved I had been using the Oscommerce site from the terrible hosting company I had. I liked that cart so I downloaded and installed the 2.2 Milestone and customized it to look like my old store. Now this hosting company is emailing me telling me I have to take my site down because I "STOLE" the cart from them and they are going to take further action against me. I DID NOT steal this cart, I downloaded it from Downloads at Oscommerce. What I want to know is what am I doing wrong? Can I use this cart? it's not the same version as the hosting company provided. Link to comment Share on other sites More sharing options...
wizardsandwars Posted February 27, 2003 Share Posted February 27, 2003 Yup, you can use OSC, and design it to look anyway you please. You just cannot copy anything that can be trademarked, such as images or specific designs. They probably think that you took their whole cart over to your new site. Tell them to blow it out their gazoos. ------------------------------------------------------------------------------------------------------------------------- NOTE: As of Oct 2006, I'm not as active in this forum as I used to be, but I still work with osC quite a bit. If you have a question about any of my posts here, your best bet is to contact me though either Email or PM in my profile, and I'll be happy to help. Link to comment Share on other sites More sharing options...
Guest Posted February 27, 2003 Share Posted February 27, 2003 Marie, First, I would drop a private note to Harald. Be sure to tell ALL of the details regarding your previous host. Second, I agree with W&W......Tell'em to go suck an egg! Link to comment Share on other sites More sharing options...
Guest Posted February 27, 2003 Share Posted February 27, 2003 I'm not using any of their logos, images, etc. I only took my product database with me when I left, I downloaded the Milestone and worked 3 hard straight late late latenights to get it looking good :) Did I say late nights?:) Now that I wrote them back and told them they can't do anything because this ISN'T their cart. They said they are gonna sue me for using their resources when I created the product database. They are saying I STOLE the database from them....How? That is MY work! I think they are just blowing smoke cuz they owe me refunds for hosting and are trying to threaten me with this so they don't have to pay me back. thanks guys, didn't think they could do S*&^ about it. just reminds me of one more reason why I left them. I will send the email to Harold and tell him of this hosting company. Boy what professionals they are! Link to comment Share on other sites More sharing options...
Paul_C Posted February 27, 2003 Share Posted February 27, 2003 Sounds like extortion. Take this up with your lawyer and own yourself a new hosting company :D "It's a damn poor mind that can only think of one way to spell a word." -- Andrew Jackson Link to comment Share on other sites More sharing options...
valeriestw Posted February 28, 2003 Share Posted February 28, 2003 I'm not a lawyer, but here's what I would say: In response to their assertion that you used their resources to create the database - you were paying them good money for their hosting services at that time. Therefore, they have been compensated for the resources you used when you created the database. The database itself, and anything else you may have created while there, is your proprietary property. Think of this way - just like when you rent an office space, you still own all the furniture, signs, etc. that you used there, and when you leave, you take it with you. Just because they rented you some web space doesn't mean they own the stuff you put in the space while you were there - which you paid for! Valerie www.knownworldweb.com Link to comment Share on other sites More sharing options...
Gizmo Posted February 28, 2003 Share Posted February 28, 2003 Uhh.. In theory you are ok, and should have no problem from them concerning your aquisiton of your product database. The only thing I can think of is their terms of service agreement. You might verywell have agreeded to a clause which stated they have full ownership over all information stored on their computers that was not explicitly copyrighted to the creator. Though this is a little far fetched, it is quite plausible. Check your terms of service agreement and see if any such hidden clause existed. Gizmo Link to comment Share on other sites More sharing options...
Guest Posted February 28, 2003 Share Posted February 28, 2003 I told them exactly what you said Valarie and threatened them with lawyers and they backed off. They said they would refund me for the monies they owe me within 24 hours. Never had someone get so hostile over a simple refund that they owe anyways. Posting the email below, sounds like they were threatening me, don't ya think? Hello, Using our OScommerce and taking it to a different hosting company is Stealing and we will be taking action for this. Take this site down immediately! You used our server and resouces to build this site, which we have documentation of, and your taking it somewhere else. This is stealing! If you do a charge back our collection agency will be contacting you. This will seriously affect your credit rating. There is also a back door installed that will allow me to take over your site at any time. From, XXXXXX What a professional company, huh? Glad I moved on :) Link to comment Share on other sites More sharing options...
Guest Posted February 28, 2003 Share Posted February 28, 2003 Gizmo, Read over their terms of use and there is nothing in there pertaining to that so guess I'm safe. Link to comment Share on other sites More sharing options...
Guest Posted February 28, 2003 Share Posted February 28, 2003 I would write a wonderful review about the experience here http://www.bbb.com my .02 :D Link to comment Share on other sites More sharing options...
Paul_C Posted February 28, 2003 Share Posted February 28, 2003 There is also a back door installed that will allow me to take over your site at any time. :roll: "It's a damn poor mind that can only think of one way to spell a word." -- Andrew Jackson Link to comment Share on other sites More sharing options...
Daemonj Posted February 28, 2003 Share Posted February 28, 2003 I would write a wonderful review about the experience here http://www.bbb.com my .02 :D Along with reviews at: HostingCatalog WebHostingTalk Webmaster Forums SitePoint Describe your experience everywhere that you can. In regards to the "letter" you received, stealing by definition is the taking of something that is not yours from someone else that rightfully owns it. Your website along with any and all information it contains is your property and you are free to do with it as you please. I think that the person from your previous hosting company became confused since taking your property from one host to another is Moving. :lol: :P I hope that you have better luck at your new host. "Great spirits have always found violent opposition from mediocre minds. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence." - A. Einstein Link to comment Share on other sites More sharing options...
burt Posted February 28, 2003 Share Posted February 28, 2003 There is also a back door installed that will allow me to take over your site at any time. :roll: It is actually easily possible to write one... Link to comment Share on other sites More sharing options...
Daemonj Posted February 28, 2003 Share Posted February 28, 2003 There is also a back door installed that will allow me to take over your site at any time. :roll: It is actually easily possible to write one... But it would only be carried over to the new site if she had zipped up their OSC installation and taken it to her new server. Since she downloaded it from OSC and started "fresh" the only thing that has to be done is if she is using the contribution to require authorization to administration to verify the administrative logins in the the table and the change the passwords of them along with her database password. This is only assuming that someone at her previous host would look for either of these items which I believe is illegal. Just as a landlord is not able to walk into the house you rent from him without notice, a hosting company cannot go snooping through your files, especially those that contain user and password information. "Great spirits have always found violent opposition from mediocre minds. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence." - A. Einstein Link to comment Share on other sites More sharing options...
burt Posted February 28, 2003 Share Posted February 28, 2003 But it would only be carried over to the new site if she had zipped up their OSC installation and taken it to her new server.Very true. Just as a landlord is not able to walk into the house you rent from him without notice, a hosting company cannot go snooping through your files, especially those that contain user and password information.100% wrong. A host has full and unlimited access to every file on the server, most hosts will put this in their terms and conditions (which everybody reads before signing up, don't they?)... A previous host would have no access obviously! But the present host can do as they wish (I bet). Otherwise the customer could have all sorts of illegal stuff on the server... Link to comment Share on other sites More sharing options...
Daemonj Posted February 28, 2003 Share Posted February 28, 2003 Just as a landlord is not able to walk into the house you rent from him without notice, a hosting company cannot go snooping through your files, especially those that contain user and password information.100% wrong. A host has full and unlimited access to every file on the server, most hosts will put this in their terms and conditions (which everybody reads before signing up, don't they?)... A previous host would have no access obviously! But the present host can do as they wish (I bet). Otherwise the customer could have all sorts of illegal stuff on the server... Is there not a condition (i.e. probable cause) that has to be met before they can go snooping through the files (e.g. complaints of inappropriate use/material, continued use of resources beyond plan limits, etc )? "Great spirits have always found violent opposition from mediocre minds. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence." - A. Einstein Link to comment Share on other sites More sharing options...
burt Posted February 28, 2003 Share Posted February 28, 2003 Is there not a condition (i.e. probable cause) that has to be met before they can go snooping through the files (e.g. complaints of inappropriate use/material, continued use of resources beyond plan limits, etc)? It depends upon what is in the T&C when you sign up. Every host I have ever used (and it's a lot) allow themselves to monitor your files and have the right to delete/amend files as they see fit... Having said that, if the local law of your country has stringent privacy laws, then I don't know. Link to comment Share on other sites More sharing options...
Guest Posted February 28, 2003 Share Posted February 28, 2003 I think I'm pretty safe or at least I hope so. I password protected just about everything. About the backdoor thing, I have no idea what he meant. I don't have his files on my site, only the database stuff. So unless this "backdoor" was installed in my images folder, there's not one. Oh and guys I will be writing about my experience with all those hosting companies after I see my refund of course :) They told me last night in order to refund me I had to go back to their secure site and put my credit card information back in because they deleted it once it was processed. I wrote back and told them I thought that was strange since it's a reoccurring charge they would have my card on file to charge me monthly and that I wasn't giving them another credit card number. Strange, about 5 minutes later I got a response saying I was one of the "lucky" ones, that just "happened" to find my info and are going to credit my account. After my account is credited I'm cancelling that card and getting a new one. I just don't trust anyone at that company. Link to comment Share on other sites More sharing options...
gdfwilliams Posted February 28, 2003 Share Posted February 28, 2003 Marie - I'd tell them to send me a check. Link to comment Share on other sites More sharing options...
burt Posted February 28, 2003 Share Posted February 28, 2003 Marie - I'd tell them to send me a check. Agreed, only thing to beware is that buried in T and C's there could be a processing charge for this sorta thing... Anyone tell I've burned by hosting companies before now ? :twisted: :shock: :evil: Link to comment Share on other sites More sharing options...
Guest Posted February 28, 2003 Share Posted February 28, 2003 Marie - I'd tell them to send me a check. Uh ah...Nope, don't do that. First, these guys are jerks and could send a bad check that she'd never collect. Second, it is against most merchant agreements to refund with a check when originally charged to the card. It needs to be a credit. That way she can use the weight of the CC company if they don't do as promised. Link to comment Share on other sites More sharing options...
mattice Posted February 28, 2003 Share Posted February 28, 2003 Just dispute the charge with your creditcard company. Forward them the threatening e-mails and write a message about how they tried to rip you off and asked for your card details again. With a bit of luck they get their payment processor to pull the plug on them. A backdoor is a piece of code (embedded in an innocent application) that will allow the writer to access your system "through the backdoor" with a special command. Mattice "Politics is the art of preventing people from taking part in affairs which properly concern them" Link to comment Share on other sites More sharing options...
Denver Dave Posted February 28, 2003 Share Posted February 28, 2003 Nice looking shopping cart (not to mention the models), what contribution are you using to handle the images (thumbnails vs larger images). Thanks. Link to comment Share on other sites More sharing options...
Guest Posted February 28, 2003 Share Posted February 28, 2003 Dave, I'm sure that Marie will appreciate your complements but, what does that have to do with this thread?????????? Link to comment Share on other sites More sharing options...
seCret steVe Posted February 28, 2003 Share Posted February 28, 2003 you have full rights to use osCommerce. There should be no problem and if there is hell just sic my ass on them and they will be wishing they never talked or messed with you. Useing osCommerce is not a crime nor will it be. It is open source and always will be as long as it is still under the direction of Harold and well the 6000 other contributing members here....so shall we jump these people or just let them slide? Link to comment Share on other sites More sharing options...
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