Mellowhost - terrible sales team - Knowledgebase

Portal Home > Knowledgebase > Articles Database > Mellowhost - terrible sales team

Mellowhost - terrible sales team

Posted by djshades2004, 01-08-2010, 03:59 PM
System 19:38:05 System is getting started. [08 January 2010 19:38:05] A representative will be connected, please be patient. Insan R. enters the chatroom. Insan R. 19:38:18 Hello stuart, my name is Insan R., how may I help you? stuart 19:38:35 Under your AUP it says "Software Distribution MellowHosts web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales for special arrangement." I sell my own software, Why do you not allow people to sell there own products? Insan R. 19:40:12 we never said we do not allow users own files can't be hosted stuart 19:41:01 Can you clarify on on "If you wish to distribute software and/or multimedia files, please contact our sales for special arrangement." Insan R. 19:42:42 You just have to show us the copyright papers that you own those files. stuart 19:44:13 copyright papers? that's silly, I'm a programmer and made my programs myself, I have not paid to get my software copyrighted. There is no law saying I have to copyright or patent my own products. Insan R. 19:45:57 Please submit an ticket for more information. stuart 19:46:39 lol. thanks for clarifying your aup. How far should hosts go to please potential new business customers? I see this as a big problem if a hosting company can not clarify their own Aup policy properly. I believe as a potential customer! I was not given the correct treatment or advice by mellowhost's own sales team. Next time a customer asks you to clarify a part of your own Aup - You DON'T fob them off with submit a ticket!
Posted by RDSNetworking, 01-08-2010, 05:20 PM
They did clarify it, I can't see it getting any simpler to me. You could be redistributing anybodies software and they'd never know otherwise. Can't say I blame them for asking for proof of ownership.
Posted by mbulent, 01-08-2010, 05:40 PM
Most probably he was not authorized to give the answer and wanted to assign it to another person in charge. We should be more understanding. AT the end, internet is not face to face and thats why we are having such misunderstandings and hard feelings very easy;
Posted by djshades2004, 01-08-2010, 05:41 PM
Ofcourse I understand I could be but im not.. The software I own is in my signature. So your also emplying I can't distribute my own software without copyright papers, your obviously not a developer and don't understand what you are talking about. All you got to do is install the software and see my web address plastred all over it. And there would be no way I would release my source code to prove my self to a hosting company.
Posted by GHOnline, 01-08-2010, 05:43 PM
You can get a GPU license or sth I guess...And show it as a proof.
Posted by Billaferd, 01-08-2010, 05:47 PM
A signed affidavit faxed to them should do the trick. They should be cleared because you gave them your guarantee and that makes you liable for infringement.
Posted by djshades2004, 01-08-2010, 06:03 PM
It's ok, I just won't go with a host that's going to cause me alot of work. Thank you for your replies.
Posted by ldcdc, 01-08-2010, 06:29 PM
That clause is there to give them an excuse to stop a customer from using lots (hundreds or thousands) of GBs of data transfer a month publishing videos, images or whatever. That's likely to happen with free content that gets viral, and quite unlikely to happen when you sell software.
Posted by djshades2004, 01-08-2010, 06:37 PM
Thank you for your reply Dan, I totally agree with you.
Posted by mellow-h, 01-09-2010, 05:34 AM
Are you distributing your products as freeware or Open source product? I am not sure there is any reason to think like that. Every shared hosting company does follow the same law. If a person is selling a product, shouldn't he have a copyright statement for his product? He/She must not allowing his/her clients to re-distribute the product under his/her company/software copyright. We just asked to submit such documents in case you are distributing the product. In case you are distributing your product as Freeware/Open source, you can just do it under your GPL agreement, and you don't need to submit any document for it. But if you are selling, you must be restricting your clients for re-distributing your product under your copyright, that is what you need to show as a simple proof. I can't see why it is tough to show if the product is ethical! To tell you the truth, we try our best to be friendly. Insan is not a sales manager, this is why he suggested you to submit a ticket. In case you are a developer, having issues with legal documents, a manager can definitely help you to find out a way from it. It wasn't intended to hurt you by asking you to submit a ticket, rather help you in your situation. Please shoot me a PM in case you need more explanation to find a way to host your site with us. I would be glad to provide you the right direction in the above issue. Last edited by mellow-h; 01-09-2010 at 05:45 AM. Reason: correction
Posted by ldcdc, 01-09-2010, 10:47 AM
Well, which type of site is likely to use TBs of data transfer without running into the CPU abuse clause that all hosts have? The one that distributes large files, which are typically software or multimedia. If the site fits the description, it is or could be unprofitable to host. A special arrangement is needed then. As for the copyright issue, it has nothing to do with the clause above. If copyright infringement would ever become a problem, it would fall under this AUP clause anyway: Copyright exists as soon you create a "work". There's no "statement" to show you, and registration of copyright is not mandatory. That's what the OP was arguing. Even if he would be willing to send the entire product for you to inspect, how would your team be able to determine if it is his work or not? How can that prove anything? I could be selling bootleg Windows, and it would still have an EULA that the end user must agree with. It doesn't mean that what I'm doing is legal, or ethical for that matter. Further, one may sell his product and allow his customers to resell it, if he so wishes. There's no law against that. What if I'm distributing videos I made, of people bungee jumping? How would I prove to you that I own the copyright? Besides, as a hosting provider, in most countries, you're not responsible for the nature of the content that your customers are distributing, as long as you follow specific regulations. The clause the the OP was worried about can only have one real purpose, and that is to protect the host from situations where it isn't profitable to host a customer, should such situations arise. Just about all budget hosts have one. Nothing wrong with it really, if worded right. Last edited by ldcdc; 01-09-2010 at 10:54 AM.
Posted by mellow-h, 01-09-2010, 11:02 AM
Does the clause seem to be stating that? I think the clause states this: I think, I clearly stated this in my reply: If you are selling a product and have a copyright, you should submit a document of owning the copyright. Here, we are definitely talking about the selling copyright. If you don't have any copyright for redistributing the softwares, then you can simply host and sell the product as long as we are not receiving a DMCA complaint. Just a note, the decision is not stated in the clause. It does says to contact our sales for arrangement for different situations. It is definitely not the same for all types of customers.
Posted by djshades2004, 01-09-2010, 11:40 AM
Dan understands exactly what i'm trying to get across. My software is protected by serial activation system that I have developed myself. I use this method to protect my product. Wherever my software is ethical is neither here or there - it is LEGAL! I can sell my software legally like Dan has explained. Also like it has been mentioned - I Don't have to have copyright papers or a patent to sell my own product, this is a optional benifit that I can pursue if I felt a need to - Technicaly speaking, This is no one's business how I protect my own Intellectual Property. If I was distributing a product that I don't own, then, I would breaking the AUP and the law like Dan Said. This comes to one point really, You should not try and be a judge and make me prove that I own my own product. How do I know that you have not infringed any title? do you have copyright and patents for all of your content? I bet you don't. I have read that a developer on these forums made your site design - Did you register your design with the copyright office. If I designed my own website, Do I have to pay to have it patented or © before I can make it availiable online to everyone?
Posted by mellow-h, 01-09-2010, 11:51 AM
Hello Stuart, Please read this: There is no way the policies are to restrict you from doing legal things. They might need some more explanation to make it flexible, and I am sure, no one in Mellowhost is going to unauthorizedly protect you from doing such. Our company registration number with the Trademarked name, slogan and the design is listed in our website. They are registered to Mellowhost under Company act of BD. The design was sold under agreement of both parties signed and paid via Wire Transfer to and from the company bank accounts. Stuart, I would like to remind you, policies are not made against clients rather to protect them from abusing by illegitimate clients. They are merely a part of ensuring clean business here. Softlayer abuse desk are very strict against DMCA complaints, and I have personally experienced immediate disconnection of public network by Softlayer security in some cases of DMCA. As far I remember the above clause was included when we faced such issue for the first time. I will try and make sure to explain the clause in details in our AUP for better explanation rather than putting 2 lines on it. Sorry for any confusion above.
Posted by djshades2004, 01-09-2010, 12:28 PM
I can understand you have to be carefull as hosting illegal content can be dangerous for a host. I just feel submiting papers is not pratical for someone who wants to become a potential customer, If you recieve a DMCA then you should ask your client for papers or a way of proving that the content is their's, but not beforehand. But your the host and you can make whatever rules you like for your hosting products, the same as I can for mine. This is not a target towards yourselves, I'm sure your services are excellent, I just felt I was not treated properly for a potential customer. I would want a nice,easy,freindly quick setup. Not to submit tickets to aquire your services. You should be going out your way to take my money and custom. I have a lot of customers myself, and do my best to make them happy because that is what I believe works.
Posted by mellow-h, 01-09-2010, 12:36 PM
I can see what was frustrating for you, but truly speaking, the pre-sale query ticket could resolve the case better with right explanation to you. I am sorry for the misunderstanding. I did try to explain about submitting the ticket. For the setup, you don't really need to submit a ticket, it is done automatically and approved within 10 minutes of ordering. Regarding the ticket submission, It was just as a pre-sale query, I tried to explain this in my first reply: But anyway, I will try to note your feedbacks for future. Thank you,