The Evil E-mail

Your website, supyo.com, is identified as causing a negative effect on the server performance. The log files generated by your site along with active monitoring show an overuse of system resources. We understand that there are spikes in traffic and server use, however we have a commitment to all of the clients on this shared server to ensure that they do not experience service interruptions due to one site's server use.

As stated in our Terms of Service, your site is no longer eligible to be hosted on an un-metered bandwidth plan.

http://www.nexpoint.net/company/policies/tos.cfm

Un-metered Bandwidth - implies that the data transfer is not charged on a metered basis so long as it remains within reasonable expectations. Nexpoint Technologies, Inc. considers if any web site jeopardizes the security or system resources of our servers then we must limit their bandwidth as outlined in this Agreement

Based on your current usage (http://supyo.com/webstats/), you will need to upgrade your plan to at least an Enterprise account. The Enterprise account includes 1GB of disk space and 40GB of monthly transfer each month. The billing rate for additional bandwidth used each month is $4 / GB. If you choose to upgrade to an Enterprise account your site will need to be recreated on a different server. You will have to upload your content to the new server. Please review the Enterprise plan details here:

http://www.nexpoint.net/products/shared/winenterprise.cfm

If you prefer to have full control of your site administration and unlimited use of the server resources, we also have dedicated servers available. A dedicated server may be well suited for your needs because the performance of your site would not be affected by other sites on the server. You can browse all of our dedicated plans at

http://www.nexpoint.net/products/dedicated/

The Network Operations Center will be required to limit your site's server resource use or suspend your site if action is not taken by 5pm EST Tuesday 2 March 2004 in order to maintain the stability of the server. This may result in errors that are visible to your site's visitors. If an outage occurs prior to Friday caused by your site we may be required to place limits or suspend your site prior to 2 March 2004. We apologize for any inconvenience this may cause, and appreciate your cooperation.

If you have any questions please feel free to contact us. Please send all correspondence on this issue to abuse@nexpoint.net.

Nexpoint Technologies Inc.
Network Operations Center
Abuse / Security Division

My Response (the stab back!)

In response to your e-mail below, we expect you to follow your terms of service.  Your e-mail makes no legal claim pursuant to Section G, as noted below:   

·         To enforce the “abuse policy” you will need to document the amount of system resources used by Supyo for each of the last six months.  You will need to document that the system resources were indeed over the 10% level.  

·         Further, even should the Supyo web site be over the 10% level of system resources, your stipulation of five days notice is unwarranted.   Should Supyo have unintentionally used more than 10% of your system resources, then thirty days notice is considered fair notice for such grievance of Section G.

Since the Supyo account was paid-in-full at its inception, we see that you, the vendor, is breaking the contract with Supyo in an unwarranted manner.   If you break the contract with Supyo, and do not provide adequate data on the system resources, or do not allow for a timely transfer of thirty days of the Supyo web site, then Supyo will proceed in Small Claims Court litigation in Supyo’s domicile, Dallas, Texas. 

Your terms state:

g) Abuse of Unmetered and metered Bandwidth

The provider Clients are privileged to be offered unmetered bandwidth for their web sites. The intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. 75% of all files must be linked with files, which are stored on the provider servers. Failure to do so will result in warning, suspension, deletion, or cancellation at the discretion of the provider management. The client is required to have the entire site using less than 10% of the system resources on the server where the site is located. Software Download sites, Warez sites, Adult Content sites, and illegal content sites are not allowed on the Provider's servers which provide unmetered bandwidth. The provider is the sole arbiter as to what constitutes a violation of any of these provisions.

As time is of the essence, we expect an immediate response,

David Fletcher

By and for Jason Fletcher

They e-mailed us back with the same response and ignored all of our details.

So I canceled my service with Nexpoint,

And they don't get my money anymore!

Poop on Nexpoint for all of that hassle.

Communists!!!

SuPYo live on!