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Ask Slashdot: My Host Gave a Stranger Access To My Cloud Server, What Can I Do?

zzzreyes writes "I got an email from my cloud server to reset the admin password, first dismissed it as phishing, but a few emails later I found one from an admin telling me that they had given a person full access to my server and revoked it, but not before 2 domains were moved from my account. I logged into my account to review the activity and found the form the perpetrator had submitted for appointment of new primary contact and it infuriated me, given the grave omissions. I wrote a letter to the company hoping for them to rectify the harm and they offered me half month of hosting, in a sign of good faith. For weeks I've been struggling with this and figure that the best thing to do is to ask my community for advice and help, so my dear slashdotters please share with me if you have any experience with this or know of anyone that has gone through this. What can I do?"

176 comments

  1. Talk to a Lawyer by eldavojohn · · Score: 5, Interesting

    That's it. That's the truth and that's how 99% of ask Slashdot answers start and end. It's good advice. Everything that follows hereafter is my own, uneducated, horseshit assumptions on how things (should) be.

    It wouldn't hurt for you first to read up all that legalese you agreed to when you first entered into a "business contract" with these guys. I'll bet that they say somewhere in there that they are not liable for any illegal or unauthorized access/control/etc of your domains and property. And by clicking a checkbox at the end of this fifteen million word tome, you agree not to hold them liable.

    Go ahead, I bet it's in there and I've never even read one of these things myself. Which, don't lose heart if it is, a lawyer can probably sacrifice a few kittens, babysit the judge's nephew for free and come out with some sort of "unreasonable burden" to parse that whole thing upon completion of the transaction. I don't know, I know that people are slowly starting to become more reasonable about massive ToS documents.

    Lawyers cost money, I have no idea how much money this lost you but sometimes it's not worth fronting $5,000 for a lawyer when $500 is at stake. What I would do is send them another message saying you find their consolation gift unacceptable and you're moving all your business away from them. Then I would do that. Then, I would simply write up a detailed account of these events with a tl;dr of "got F'ed in the A by XYZ Inc" and just go out and drop that on every single forum and review site you can find for domain names and hosting. Why not hit the Better Business Bureau while you're at it? Then I'd let those ferment and field questions in my free time because, hey, revenge releases a special kind of endorphin, right? Then you could be done with it or you could just send them endless requests for reimbursement with the fallout being more zero star reviews and a possible visit from your non-existent lawyer. And why not? They deserve the reputation they have exhibited to you.

    And whenever I go off and do something like this and I get sick of the effort, I justify everything by imagining that if I don't do this they'll just screw over god knows how many other customers. So you're doing a public service.

    --
    My work here is dung.
    1. Re:Talk to a Lawyer by Eponymous+Hero · · Score: 4, Insightful

      agree with all except that, in general, when someone makes threats to sue they are usually full of hot air. the ones who actually sue don't tell you until you're being served. companies know this. just spam as much negative publicity as you can and pull your business.

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
    2. Re:Talk to a Lawyer by Anonymous Coward · · Score: 0

      This this this this this!!!!!!!!

      Seriously get a lawyer, where are you located? Perhaps some Slash folks could recommend a good law firm who deals with issues like this.

    3. Re:Talk to a Lawyer by TheCarp · · Score: 4, Informative

      definitely talk to a lawyer. I want to add something to it that you may not know.... some clauses that seem to protect them in one case, can hurt them in another because of legal presedents that interpret those.

      For example, one that a friend told me about.... lets say you live here in MA and lease an apartment. Well, there are some legal clauses that can be put in there to protect the landlord from legal fees. However, if they are in there, and the landlord is found to be at fault, then that same clause can be turned around to make them pay instead.

      This is not obvious from the wording or just reading the contract, but is well known (to lawyers) legal precident. I forget the exact specifics but....I know a friend of mine is hunting for the last remaining copy of the second page of his rental agreement because he says it contains terms that will get him treble damages in his case with his landlord. (as a landlord myself, I can also say, if the allegations are true...that guy is a douche bag, and has even entered the rented apartment without cause, permission, or even notice... among other things....)

      So yes... call a lawyer.

      --
      "I opened my eyes, and everything went dark again"
    4. Re:Talk to a Lawyer by Anonymous Coward · · Score: 4, Informative

      That's not really true, lawyers will very often threaten a suit before filing if doing so would be advantageous. For example, if the mere existence of a lawsuit would bring to light facts that a company would rather not make public, they may be willing to offer a settlement prior to any filing. But once the suit is filed and on the public record, the damage is done, and they may decide at that point they may as well fight to the end. Now the real truth is that non lawyers who threaten to sue generally don't, and lawyers know that. Basically, if you write a letter to your colo facility telling them you're considering the merits of a lawsuit, they'll ignore it. If your lawyer writes the same letter, they'll probably take it more seriously.

    5. Re:Talk to a Lawyer by QuincyDurant · · Score: 2

      Ask your lawyer to write a scary letter with threats. This costs a lot less than $5,000, and at least will help you get a little of your own back. Not your money back, of course, but some self-respect.

      Their best offer was half a month of free hosting on their dangerously insecure server? What was their second-bast offer, six week of free hosting?

    6. Re:Talk to a Lawyer by Anonymous Coward · · Score: 2, Insightful

      "Lawyers cost money, I have no idea how much money this lost you but sometimes it's not worth fronting $5,000 for a lawyer when $500 is at stake."
      Except that you can sue for legal fees as well.

      What I have done in the past & have gotten good results from is to politely decline their offer & tell them that you need your domains returned - just don't be a dick about it. If they say that they can't/won't, tell them that you will be contacting the attorney general & the BBB in regards to the matter. Send either a certified, signature required letter or an email to all three locations - the hosting/domain company, the BBB and your attorney general. With the copy of your complaint that you send to the hosting company, explain that you have also sent the letter to the AG and BBB and that they can expect to hear from them soon.

      Even if the AG and BBB don't immediately get involved, this will usually get results because you are no longer a pushover. You have proven that you are doing something about it. Then, if/when they get your domains back, transfer them to someone else immediately.

    7. Re:Talk to a Lawyer by Anonymous Coward · · Score: 0

      It is really true. The lawsuit culture is so pervasive in America that a large percentage of the population who feels aggrieved or wronged in some way, no matter how ultimately minor or inconsequential the perceived offense was, will have no problem threatening a lawsuit over it just as a means of trying to get their way. People who work in call centers hear these legal threats all the time - probably several times a day - and nothing comes of it.

    8. Re:Talk to a Lawyer by Oxford_Comma_Lover · · Score: 1

      the ones who actually sue don't tell you until you're being served.

      Not generally true, although true for some. That's what the whole "cease-and-desist" letter thing is about.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    9. Re:Talk to a Lawyer by Anonymous Coward · · Score: 5, Informative

      I agree that you need to talk to a lawyer, and I am coming from experience since I am a lawyer. My gut reaction is that unless you actually sustained tangible damages (such as loss of business revenue, harm to your business reputation, or having to pay out of pocket expenses to clean up the mess created by the host) you probably don't have much legal recourse against the host. However, depending on the state where you live and the state where the host is located, there may be consumer protection or privacy laws that provide for statutory penalties of some amount for acts such as this.

      I practice law in Florida, and I get similar inquiries quite often and my first question is generally "what have you lost?". If all you suffered is your own disappointment and frustration with the company, it is not going to be worth the time or effort for you to keep dealing with it. Don't use the company anymore, and feel free to report them to whatever consumer protection agency you feel. But be warned that you should never exaggerate the facts, as I've also seen consumers sued by companies alleging defamation when the customer sprinkles some fantasy in with the truth. Don't put yourself on the wrong side of a lawsuit, because chances are the company will have the resources to sue you and you would be left paying out of pocket to hire an attorney to defend you.

      My advice? Talk to a lawyer just to see what your options are. But don't let your emotional response govern over good sense.

    10. Re:Talk to a Lawyer by cpu6502 · · Score: 3, Informative

      >>> I'll bet that they say somewhere in there that they are not liable for any illegal or unauthorized access/control/etc of your domains and property.

      Which goes right out the window when the State Law says the opposite. Example: Paypal's EULA said they are not responsible for lost funds, and the judge said that's bullshit and ordered them to return all funds to customers (I got back 100-some dollars).

      Plus in this case the stolen domain names were lost through incompetence by the webhost (they accepted incomplete forms). They are liable for damage caused by their inemptitude.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    11. Re:Talk to a Lawyer by Anonymous Coward · · Score: 4, Informative

      Also consider talking with an executive at the company. Sometimes these conversations can be fruitful.

      I once had a dispute with a datacenter that had me sufficiently upset that I was ready to leave. However, I wound up receiving a $15,000 service credit, had my monthly recurring reduced by $3,000/mo, and had them agree to provide detail on how they were going to prevent the problem from recurring. All because I flew to the CEO's office and had a polite (though tense) one hour meeting.

      No lawyers or anything. Just a conversation.

    12. Re:Talk to a Lawyer by chrismcb · · Score: 1

      It wouldn't hurt for you first to read up all that legalese you agreed to when you first entered into a "business contract" with these guys. I'll bet that they say somewhere in there that they are not liable for any illegal or unauthorized access/control/etc of your domains and property. And by clicking a checkbox at the end of this fifteen million word tome, you agree not to hold them liable.

      No matter what the contract says, they are still responsible and can not be negligent. If you can prove that they screwed up and gave someone else access, then they are negligent.
      But to answer the OPs original question, it depends. Do you think they will do it again? Then move hosting companies. Do you want them to pay, then sue them (or at least talk to a lawyer)

    13. Re:Talk to a Lawyer by ShanghaiBill · · Score: 2

      That's it. That's the truth and that's how 99% of ask Slashdot answers start and end. It's good advice.

      It is usually bad advice. It will cost hundreds of dollars just to talk to a lawyer. The advice you get from the lawyer will be this: spend more money on lawyers. It will cost thousands if you want to the lawyer to actually do anything like, say, write a letter.

      Instead, you should look at this unemotionally. What were your actual damages? Then take a quick look at your contract. It probably limits the host's liability severely. Unless you think you have a realistic chance of recovering tens of thousands of dollars in damages, you should drop it and move on with your life.
       

    14. Re:Talk to a Lawyer by Eponymous+Hero · · Score: 3, Funny

      i'm referring to when people say, "i'm going to sue you if i don't get my way!" a cease-and-desist letter is the first step in actually getting the ball rolling in litigation -- you have to give them a chance to stop. people often send out these letters without angry fist-shaking. and some lawsuits aren't about ceasing and desisting anything. in this situation we're discussing there's nothing for the cloud host to cease. there's no ongoing bad behavior.

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
    15. Re:Talk to a Lawyer by Anonymous Coward · · Score: 5, Interesting

      The threat of a suit has considerably more weight when it arrives on letterhead from a law office.

      But all that aside... TELL US WHO THE PROVIDER WAS!

    16. Re:Talk to a Lawyer by mhajicek · · Score: 4, Insightful

      Indeed. Let us know so that we can not use them.

    17. Re:Talk to a Lawyer by Sketchly · · Score: 2

      I suspect you'll be hearing from XYZ Inc.'s lawyers, soon.

    18. Re:Talk to a Lawyer by PCM2 · · Score: 5, Informative

      When you visit a lawyer for the first time, you shouldn't be doing it with a mind to threaten a lawsuit. You're going for advice. You probably have some kind of contract that governs your relationship with the hosting provider. You might not have had a lawyer read it before you signed it; do that now. Then you can ask exactly what the hosting provider may be liable for, and where they may have effectively covered their own asses. If you do think you might want to threaten a lawsuit, it's important first to know whether you have a leg to stand on.

      Empty threats to sue may sound like hot air. A letter on an attorney's letterhead that specifies the ways in which the hosting provider is in breach of contract will probably be taken seriously. And 90 percent of the time, the issue will be resolved before it ever gets to court. Nobody wants court.

      Also, don't assume this process will lead to you getting absolutely everything you think you deserve. Have some sort of minimum compensation in mind that would allow you to walk away feeling like you've had some justice. Your lawyer will help you figure out this number, too. Negotiations can proceed from there.

      But if you won't be happy until the hosting provider is well and thoroughly punished for what they did, you will probably walk away disappointed. Especially if they're a public company, you're not going to be able to shame them into giving you what you want. The civil legal process is there to determine what you may be owed, legally. It's not there to exact vengeance for you. In fact, you'll sleep better at night if you just let that go.

      Really, I think the most important thing here is to begin the process of moving to a hosting provider that will give you better service. Everything else is secondary. In fact, I would skip the "negative publicity" part, except in private. Particularly if you're investigating legal options, trash-talking the hosting provider publicly before proceedings begin could work against you. It could even become the source of a counter-suit.

      --
      Breakfast served all day!
    19. Re:Talk to a Lawyer by AK+Marc · · Score: 2

      It wouldn't hurt for you first to read up all that legalese you agreed to when you first entered into a "business contract" with these guys. I'll bet that they say somewhere in there that they are not liable for any illegal or unauthorized access/control/etc of your domains and property. And by clicking a checkbox at the end of this fifteen million word tome, you agree not to hold them liable.

      No contract may void law. Negligence is outside all contracts. You don't have the right to sign away liability for neglegence. Just like you can't sign yourself into slavery. If they were negligent in allowing access, you would likely win any such lawsuit, regardless of the contents of the contract. It just results in your legal bills being higher, as you have more proof to present to nullify the contract while suing for breach of it.

    20. Re:Talk to a Lawyer by hairyfeet · · Score: 1

      Small Claims court. When it isn't worth paying crazy lawyer money filing yourself in small claims court is cheap and most corps would rather just cut a check for $5k than to pay the costs of flying someone to wherever you are and dealing with it. Also small claims court judges aren't bowled over by legalese bullshit and basically just want the facts. you tell what happened, they tell their side, and most judges go by what is reasonable and I'd say handing your domains over to someone else without contacting you (I'm sure they had your cell number right?) would probably be seen as unreasonable.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    21. Re:Talk to a Lawyer by rtb61 · · Score: 2

      Not just move on but reassess your reliance on the cloud and read all that fine print in cloud contracts, I am sure you will find all sorts of exclusions, to limit their liabilities at a complete divergence to their marketing.

      So review your hosting, options taking into account the likely realistic difference between marketing and actual performance. Local hosting at a local ISP where you meet with them face to face, might cost a bit more but the real performance, reliability and trust is much more likely to exist.

      I am always content to pay more to deal with people directly and in person. Remote might save money but you might be pinching pennies to waste pounds. In this case how much did they save with the cloud versus how much they lost and how many years would that have paid for higher priced personal and direct hosting.

      --
      Chaos - everything, everywhere, everywhen
    22. Re:Talk to a Lawyer by Proudrooster · · Score: 1

      I agree. I feel this guys pain. I am not exactly sure how you can protect yourself 100% from all the domain grab scams out there. I host with 1&1 and have my domains set for PRIVATE REGISTRATION and CLIENT-TRANSFER-PROHIBITED. I feel this cuts down on phishing and bogus transfer requests. The only other thing I think might be better is to split your hosting and your DNS into two companies. For example, host your data at Rackspace, 1&1, or where-ever and host your DNS at Verisign and transfer your domain there. The fact that your ignored the email is bad, you should have at least called. Please post your secure solution when you figure it out :)

    23. Re:Talk to a Lawyer by dubl-u · · Score: 4, Informative

      Yes, exactly. On a couple of occasions a sternly worded letter from a lawyer has worked wonders for me.

      My favorite was when a company who owed me for months of contract work suddenly got a case of we-can't-afford-to-pay. My lawyer wrote a letter explaining that under California law, wages had to be paid before anything else, and encouraged them to contact the very energetic state agency in charge of enforcing that if they were unclear. It was a masterpiece of subtle menace, and I got a wire transfer for the whole amount two days later. Total cost to me: a few hundred bucks. A decade later, he's still my lawyer.

    24. Re:Talk to a Lawyer by TheLink · · Score: 1

      No lawyers or anything. Just a conversation.

      Was the "Ultima Ratio Regum" involved or hinted at?

      --
    25. Re:Talk to a Lawyer by illumnatLA · · Score: 1

      Ugh 1&1... I received a number of emails from them trying to transfer one of my domain names away from Dreamhost. These weren't fake/phishing emails either. Fortunately my domains at Dreamhost are locked down tight.

      1&1 is one of the worst web hosts out there... cheap yeah... but terrible. Good luck if you need any sort of tech support!

      --
      Web hosting that doesn't suck!Dreamhost
    26. Re:Talk to a Lawyer by Chrisq · · Score: 1

      Lawyers cost money, I have no idea how much money this lost you but sometimes it's not worth fronting $5,000 for a lawyer when $500 is at stake.

      Sometimes a letter from a lawyer saying you will take things further is all it takes. In the UK this costs around £30 ($50 USD). I had a warranty company pay up on receiving a letter despite telling me that I was not covered when i wrote or called myself.

    27. Re:Talk to a Lawyer by sg_oneill · · Score: 1

      This isn't really true at all. Civil lawsuits are not about punishment, but resolving a dispute between two parties. Judges know this and don't always look kindly on a party that rushes to court without trying to negotiate with the other party an out of court solution to the problem.

      Thus generally while you SHOULD call a lawyer before contacting the other party who will then contact the other party and try and negotiate a solution (like compensation, or whatever). If that fails, THEN the summons gets sent in the mail. This is how the legal system prefers it, and really its just a good idea to work that way too.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    28. Re:Talk to a Lawyer by Anonymous Coward · · Score: 1

      Except, if it's Dell, they'll ignore that too.
      (Own experience, we're currently in a lawsuit.)

    29. Re:Talk to a Lawyer by Joce640k · · Score: 1

      No matter what the contract says, they are still responsible and can not be negligent. If you can prove that they screwed up and gave someone else access, then they are negligent.

      This. If they were accepting forms which are obviously incomplete then they were negligent.

      But to answer the OPs original question, it depends. Do you think they will do it again? Then move hosting companies.

      Um, how do you know the other companies are any better? You might just be trading places with somebody who's moving from the other company to yours after they screwed up.

      --
      No sig today...
    30. Re:Talk to a Lawyer by datavirtue · · Score: 2

      Also, don't assume this process will lead to you getting absolutely everything you think you deserve.

      Wrong, when a lawyer is involved, and threatening litigation, the amount you get has to cover legal fees and all the other PITA bullshit.

      Got a slight bump in the rear from a lady while at a stop light one day. No one hurt, barely any damage. I asked the insurance "adjuster" for $3500 to settle, he said no. Result: $3500 in cash for me, $3500 for the dealership body shop, and $3500 for the lawyer.

      --
      I object to power without constructive purpose. --Spock
    31. Re:Talk to a Lawyer by datavirtue · · Score: 2

      You can talk to many lawyers without spending a dime. When I get into a problem and need a lawyer I don't go with the first or even the fifth. I shop until I find the one with my attitude on the subject. There are a *bunch* of lawyers all with varying degrees of ineptitude/competence. Your post is a load bullshit.

      --
      I object to power without constructive purpose. --Spock
    32. Re:Talk to a Lawyer by ottothecow · · Score: 2
      The letter asserting your rights really is key.

      I had an issue with my property management company. The full extent of the issue was slow to manifest and in the early stages they had been moderately helpful so I continued to hope they would act in good faith as the problem got worse. Of course they didn't (they are known scum) and would constantly tell they would call back with a response or have a workman call me about taking care of it but nobody ever called. They wanted to replace my damaged hardwood floors with tile (which I wasn't happy about) but I couldn't even get a call or a plan from the tile guy.

      I sent my 14-day notice (in IL your landlord has 14 days from this to solve the problem before you can start doing things like withholding rent, hiring someone yourself to fix it, or start breaking your lease) and on day #14 I get a phone call that the guy is coming to fix it (and a hardwood floor guy, not tile). Technically I could have withheld rent for the few days it took him to do his work but I was just happy to have everything done.

      It wasn't sent on legal letterhead but I work with enough lawyers that I can sort of make it sound like a lawyer wrote it or provided advice. Things like listing exact dates of correspondence, using language directly from the lease and relevant laws, and forming the whole thing not as a question or a beg for a solution but rather a simple polite statement that you trust that they will rectify your problem otherwise you will be forced to seek other remedies as provided for by the law including but not limited to [whatever remedy is proscribed as a solution that's not sueing them since that threat already exists].

      --
      Bottles.
    33. Re:Talk to a Lawyer by snowgirl · · Score: 1

      inemptitude

      ineptitude... (only mentioned because of the irony.)

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    34. Re:Talk to a Lawyer by Anonymous Coward · · Score: 0

      There may not be anything for the cloud provider to cease (given that they already have), but there certainly *is* something for the provider to desist, because you don't want them doing it again!

      Cease = stop doing that!
      Desist = don't start doing it again!

      There's a reason why the letters are called 'cease and desist', not just 'cease' or 'desist'.

    35. Re:Talk to a Lawyer by Eponymous+Hero · · Score: 1

      sure, ok, but you can solve that problem yourself by pulling your business away. my original comment was mainly an attempt to nip the sue-first-think-later mentality we have too much of in this country. solve your own problem and if that's not possible, then worry about whether they do it to someone else. by making a formal complaint (don't read as lawsuit) and not giving them any more of your money, the company has the free agency to either do the right thing next time or screw someone else over. again, speaking to this particular case, the provider wasn't out to screw over anyone in the first place. the issue is that the compensation they offered wasn't adequate.

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
    36. Re:Talk to a Lawyer by Eponymous+Hero · · Score: 1

      apologies for assuming the readership was american. hopefully we're the only ones suffering from lawsuit frenzy.

      --
      insensitive clod overlords obligatory xkcd car analogy russian reversals whoosh pedant fanbois ftfy in 3...2...1..PROFIT
  2. Tell us who it was. by characterZer0 · · Score: 5, Informative

    If it was my provider, I'm leaving.

    --
    Go green: turn off your refrigerator.
    1. Re:Tell us who it was. by Anonymous Coward · · Score: 5, Informative

      I'd suggest checking the submission tags; there might be a clue there.

    2. Re:Tell us who it was. by CAIMLAS · · Score: 3, Interesting

      If it were my provider, I'd leave and tell all my friends and acquaintances precisely which provider it is.

      This behavior is worse than inexcusable. Sure, it's a 'cheap' service but the reprecussions for this are massive to the user.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    3. Re:Tell us who it was. by philip.paradis · · Score: 4, Informative

      It was apparently Rackspace, judging by the PDF document linked in the original submission.

      --
      Write failed: Broken pipe
    4. Re:Tell us who it was. by dubl-u · · Score: 4, Interesting

      Whoa. That puts a different light on things. The poster, who does web development, bought a domain name learning-together.ca which was used by his client Learning Together Inc. Rackspace transferred control of the domain name from the poster to Learning Together, Inc. It seems very weird indeed that the poster is trying to keep control of that domain.

    5. Re:Tell us who it was. by Anonymous Coward · · Score: 0

      It's a provider that thinks half a month of hosting is a valuable apology for exposing a client to fraud.

    6. Re:Tell us who it was. by Richard_at_work · · Score: 2, Insightful

      You don't know the business relationship there - regardless, under no circumstance short of court order does Rackspace have the right to arbitrarily grant Learning Together access to an account they do not have authorisation to access. Rackspace did bad here, however you look at it.

    7. Re:Tell us who it was. by nprz · · Score: 2

      Well, they did it behind his back without contacting him. (Reset your password sounds like it is after the fact).
      And in addition to that, they got all the details of his site: efficiency.ca

      But what I find amazing is filling out NIL for account number and tax ID with a phone # of "519" and this is approved to transfer contacts and results in the release of account information?

      That sounds like a phisher's dream to make it that easy. Of course the phisher wouldn't be real info in the new contact section (as long as it can result in the release of username/new password).

    8. Re:Tell us who it was. by Anonymous Coward · · Score: 1

      The poster, who does web development, bought a domain name learning-together.ca which was used by his client Learning Together Inc. Rackspace transferred control of the domain name from the poster to Learning Together, Inc. It seems very weird indeed that the poster is trying to keep control of that domain.

      That seems "weird" to you?

      It's pretty clear: the proprietor of Learning Together, Inc. decided that she was tired of renting a domain name and hosting from the poster, and decided to switch hosts. Then the poster announced, "according to your contract, you have purchased my service in maintaining the site, but the domain name belongs to me, so if you want to switch hosts, you will have to pay me $x for the domain".

      Rather than taking appropriate legal actions to attempt to claim the domain, she decided to contact Rackspace, claim it belonged to Learning Together, Inc., and move it to the new host.

      Frankly, after reading that, it sounds like he has a criminal case against Ms. Natalie Waboose. She fraudulently made a claim that the domain belonged to her and that she was an authorized agent of the owner, neither of which was true. (Whether or not Learning Together, Inc. actually has a claim to the domain name... which I doubt that it does, if the contract truly stated that they were buying website maintenance on a domain that was the property of the poster.)

      Interesting that she should use n_waboose@live.com as her primary contact e-mail address, instead of natalie@learning-together.ca. Had she no longer any access to natalie@learning-together.ca?

    9. Re:Tell us who it was. by dubl-u · · Score: 5, Interesting

      Sure, but it makes it an understandable mistake on the part of Rackspace. And if the company gave Rackspace some documentation that the poster was buying the name on behalf of Learning Together, then the transfer may have been proper.

      More importantly, though, it puts the poster in a different light. He concealed material facts in his summary, and on the face of it trying to hold on to a client's domain is shady. It makes me wonder what else he's hidden.

    10. Re:Tell us who it was. by Anonymous Coward · · Score: 0

      Why would you sign a contract leaving the domain in possession of the web developer? It sounds like unethical behavior on the poster's part. First he kept ownership of the domain himself, then the fact that the customer went around him to Rackspace suggest that he was overcharging to transfer the domain (shouldn't have charged them any more than he paid for it).

    11. Re:Tell us who it was. by dubl-u · · Score: 1

      It seems very weird. One rents something when one can't afford to buy it. Domain names cost very little, so they should just own the domain outright, especially as it's the one whose name matches the legal entity. As far as I'm concerned, any web site developer that doesn't insist that the client own the domain name in a case like this is at best negligent.

      But it's also the kind of thing a shady operator would do to take advantage of naive clients.

    12. Re:Tell us who it was. by Richard_at_work · · Score: 1

      I agree that it does change the light the poster is in, but the "mistake" is in no way understandable - Learning Together should never be able to transfer a domain out of someone elses account with anything less than either explicit permission from that account holder, or a court order.

      Its that simple - its not their account, and any disputes or ownership issues reside with the account owner, Rackspace have absolutely no standing here to be doing anything on that account for anyone other than the account owner. That should have been checked first and foremost - it does not matter what documentation Learning Together have, if it doesn't authenticate them as the account owner then they don't get to do anything.

      Thats the mistake Rackspace made, and its not a small one and nor is it an understandable one - they allowed a non-account-owner to make changes to the account. Thats wrong on so many levels.

      Whether he purchased the domain for them or not, thats an ownership dispute between him and Learning Together, not something for Rackspace to resolve arbitrarily.

    13. Re:Tell us who it was. by SockPuppetOfTheWeek · · Score: 1

      More importantly, though, it puts the poster in a different light. He concealed material facts in his summary, and on the face of it trying to hold on to a client's domain is shady. It makes me wonder what else he's hidden.

      To be fair, his submission did link to the PDF of his actual complaint letter, which contained pretty much all of the details that he left out of the summary.

    14. Re:Tell us who it was. by cbiltcliffe · · Score: 1

      Or it's the kind of thing that a full service developer does to make sure that a techno-n00b client doesn't lose their domain because they forget to renew it after a year.

      But, if that's the case, they should make it clear that maintenance on the domain will be done as needed and billed to the client, and if the client wishes to take on responsibility for this, the domain can be transferred to the client for a nominal fee, with all responsibility and consequences for maintenance or lack thereof falling squarely on the client.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    15. Re:Tell us who it was. by Anil · · Score: 1

      That is just one of many possible non-weird scenarios where business is concerned.

      Perhaps the domain name purchase was included as part of a larger contract and the client refused to pay the developer for his services.

  3. As the Lawyer response has been given... by Anonymous Coward · · Score: 2, Informative

    Step 2 is find a different Hosting provider. There's only, what, several thousand out there!

    1. Re:As the Lawyer response has been given... by Anonymous Coward · · Score: 0

      And how do you know that any one of those several thousand is any better?

      Out of the frying pan and into the fire...

    2. Re:As the Lawyer response has been given... by Anonymous Coward · · Score: 0

      Step 2 is find a different Hosting provider. There's only, what, several thousand out there!

      The trick is to find a better hosting provider. Otherwise he'll only have the same problems or worse.

      I'll bet there aren't several thousand of those out there.

    3. Re:As the Lawyer response has been given... by PCM2 · · Score: 1

      Well you had to choose one at some point. The way to do that the first time is to look around until you can write up a short list of maybe four or five options. Eventually you will narrow that down to one. If you later realize that you made the wrong choice, reassess the other options on your original shortlist and pick a second choice.

      --
      Breakfast served all day!
    4. Re:As the Lawyer response has been given... by dgatwood · · Score: 4, Insightful

      No, step 2 is to transfer all of your domains to an account with an actual registrar. Buying domains through a hosting provider is a recipe for disaster. It means that:

      • your email address (assuming it is at that domain),
      • the contents/management of the site itself,
      • management of the domain, and
      • management of SSL certs, if any

      are all protected by a single password, managed by a single team of people, capable of making a single mistake and causing you to lose everything. Your best security is ensuring that no single point of failure can fully compromise things other than the registrar (which is bound by fairly strict rules that make such compromise less likely).

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    5. Re:As the Lawyer response has been given... by samazon · · Score: 1

      When choosing a host for a web site, I went to some of my go-to technical sites and blogs to find a reliable option (i.e. - who they used, and whether they advertised about/talked about their service). This doesn't work for everyone, but can be a good starting point when trying to find a new service provider - like asking your dad which plumber you should call.

      --
      I have the hiccups.
    6. Re:As the Lawyer response has been given... by rHBa · · Score: 2

      Nice analogy, although sometimes the plumber retires, his son takes over and standards drop... (and so is life)

      My 2c on picking a hosting provider (speaking as a freelance web developer with a couple hundred SME websites I manage hosting for) is:

      Don't place a lot of trust/money with a company you've never used, i.e If you're looking to get a virtual/dedicated server from a new company start off by hosting one website/domain with them and see how you are treated, how they come across, quality of support etc...

      As you interact with the company pay attention to how you are dealt with, it can be small things, the 'personal touch', e.g I recently ordered a VM and received an automated email saying it might take up to 24hrs before it was ready but "please reply to this message if you have any questions", not a no-reply address, I was impressed!

      More importantly, when I did ask a question, I got a sensible reply within a couple of hours and my VM was ready in a total of 8hrs.

    7. Re:As the Lawyer response has been given... by Anonymous Coward · · Score: 0

      This. Keep your eggs in different baskets. Single points of failure are bad.

    8. Re:As the Lawyer response has been given... by bill_mcgonigle · · Score: 2

      This. Also, use at least two registrars, one for the domain where you handle your nameservers and another for the domains that point to them. And have a backup e-mail address on file for at least the first of those two.

      You have to play the "how can some moron royally screw me?" game (as you've apparently just learned).

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    9. Re:As the Lawyer response has been given... by Anonymous Coward · · Score: 0

      "Your best security is ensuring that no single point of failure can fully compromise things other than the registrar (which is bound by fairly strict rules that make such compromise less likely)."

      Oh, God... this would be funny if it weren't so naive.

  4. Who? by BronsCon · · Score: 1

    I'm curious to know which hosting provider this was.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    1. Re:Who? by lattyware · · Score: 4, Informative

      It's tagged as rackspace. http://www.rackspace.com/

      --
      -- Lattyware (www.lattyware.co.uk)
    2. Re:Who? by Anonymous Coward · · Score: 1

      thread is tagged rackspace. rackspace maybe?

    3. Re:Who? by l0ungeb0y · · Score: 1

      Seems fanatical support is coming back around to bite them in the ass.
      Ohh - you want root access to one of our customer's server accounts? Let me bend over backwards to help you with that!

    4. Re:Who? by Anonymous Coward · · Score: 0

      It's tagged as rackspace. http://www.rackspace.com/

      So, how do the taggers know this? Or are they guessing?

  5. If you value security and your data by mrsam · · Score: 5, Insightful

    Your provider has de-facto admitted that they messed up. These things happen. The only question is whether they would truly respond in a professional manner. If they do, and they agree to the following, do the following, and move on. Contact them, and request them to:

    * Provision a new virtual host for you.

    * You will copy all your existing data into your new virtual host, using your own copies of whatever you use the host for. You do have your own copies of everything, and you don't trust the host with the entirety of your data, right?

    * For convenience, I think it's ok to copy some data directly from your compromised host, provided that you're comfortable with whatever verification steps you deem are necessary to certify that it hasn't been tampered with. Data, no code.

    * When your migration is complete, your provider will swap in your replacement virtual host in place of the compromised one, which they'll decomission.

    Of course, for the duration of your migration, your host will not charge you for the second virtual host. You might consider negotiation with your host for an additional discount, as compensation for the work you have to do as a result of their security breach. I think that free hosting for however long it takes you to migrate, that is, no charge for the new virtual host, and billing suspended for your compromised host, would be fair. If that's the two weeks they're already willing to give you, then that's that.

    1. Re:If you value security and your data by Shoten · · Score: 4, Insightful

      Your provider has de-facto admitted that they messed up. These things happen.

      Um...not really, not if the hosting provider is doing things the right way. And that's the problem. I will elaborate...

      The only question is whether they would truly respond in a professional manner. If they do, and they agree to the following, do the following, and move on. Contact them, and request them to:

      * Provision a new virtual host for you.

      This will not address the fact that there's clearly an issue with the underlying processes and procedures that should have prevented this in the first place. This was a *process* breakdown, not a question of architectural segregation. A new virtual host, (improperly) protected by the same procedural controls, is no more secure.

      * You will copy all your existing data into your new virtual host, using your own copies of whatever you use the host for. You do have your own copies of everything, and you don't trust the host with the entirety of your data, right?

      See above, about "process breakdown."

      * For convenience, I think it's ok to copy some data directly from your compromised host, provided that you're comfortable with whatever verification steps you deem are necessary to certify that it hasn't been tampered with. Data, no code.

      See above, again, about "process breakdown."

      * When your migration is complete, your provider will swap in your replacement virtual host in place of the compromised one, which they'll decomission.

      See above, about "process breakdown." I keep saying it because none of these points addresses that problem, which is the root cause of this and the source of future risk of the same nature.

      Of course, for the duration of your migration, your host will not charge you for the second virtual host. You might consider negotiation with your host for an additional discount, as compensation for the work you have to do as a result of their security breach. I think that free hosting for however long it takes you to migrate, that is, no charge for the new virtual host, and billing suspended for your compromised host, would be fair. If that's the two weeks they're already willing to give you, then that's that.

      The problem is that something non-technical failed here. It wasn't a buffer overflow, it wasn't a bad firewall rule, it wasn't a zero-day vulnerability. The title of the Slashdot topic is the key: "My Host Gave a Stranger Access". Unless that Host changes what they did wrong the first time, it doesn't matter which server within their control you reside on, or if you're supposed to be there all by yourself. It comes down to if they can demonstrate to you, transparently, what they did wrong and what they have done to fix it. It sounds like there's been a lack of transparency as to the breach, at least at first; that is not a good sign. Good luck, but you may have to take your business elsewhere.

      --

      For your security, this post has been encrypted with ROT-13, twice.
    2. Re:If you value security and your data by erik.erikson · · Score: 1

      Technically, an automated process may have provided the access. It's astute to consider (and even likely) that a non-mechanical process failure may also have been involved. That doesn't change that a bug or other issue in the host's rights provisioning code may have provided the access just as easily.

    3. Re:If you value security and your data by Anonymous Coward · · Score: 0

      Switch to a host where the provider gives root access to your VPS and the hosting company does not know the root or any other password.
      I use such a provider and I manage my own SSL certs and I need to ask nobody for permission or to do anything on the VPS. If I forget my root password I am screwed because there is no back door.

    4. Re:If you value security and your data by julesh · · Score: 2

      Do you have encrypted disks that only you know the passphrase for? How do you enter the passphrase? If the answer to these isn't "yes" and "directly on console", your hosting company has access, or can get it if they want it:

      If the answer to the first question is no, then they can simply boot with init=/bin/sh and change your root password.
      If the answer to the second question isn't "directly on the console" they can insert an interception and grab your passphrase next time you reboot.

      No computer is secure unless it is somewhere only people you trust can access it.

  6. The offered only half a month of hosting???? by mark-t · · Score: 4, Insightful

    Seriously?

    Take your business elsewhere, if they value your privacy and security that little.

    1. Re:The offered only half a month of hosting???? by MarkGriz · · Score: 1

      My thoughts exactly. They could offer me free hosting for life and I'd still tell them to piss off.

      --
      Beauty is in the eye of the beerholder.
    2. Re:The offered only half a month of hosting???? by mark-t · · Score: 1

      Well... free hosting for life isn't anything to sneeze at. It's subjective of course...

      But half a month? Come on!

      It's like leaving your waiter a tip of exactly five cents on a $50 meal. It's just insulting.

    3. Re:The offered only half a month of hosting???? by coofercat · · Score: 1

      I do agree with you, but...

      Once upon a long time ago, I had a virtual host on a shared web hosting server. I FTP'ed my stuff onto the box, and then realised I could get /etc/passwd, which had encrypted passwords in it (shadow wasn't especially prevalent back then). I ran the file through crack and pulled a dozen passwords out. I sent the cracked file to the admins (back then they were so small the admins actually got emails to support@ rather than it going to a call tracker and call centre). I got an email back explaining what the problems were with fixing the issue, but they were working on it, etc etc.We sort of got to chatting, and helped each other out a bit.

      From that point onwards, I always got the very best service from them, any time I asked. Of course, my time was up when they got bought by FacelessCompany and all the admins I had got to know had left and the call trackers and call centres moved in.

      So anyway, my point is - these guys suck, and you should probably leave. However, if you stay, it could end up being good for you. Sadly though, it's more likely they're already FacelessCompany and so you won't get any extra love for showing them some forgiveness, in which case you should definitely leave, and tell as many other people you can to do the same.

  7. Here's what I'd do by JustNiz · · Score: 1

    1) Check your agreement with them to make sure you didn't already agree to waive their liability for any mistakes they make.

    2) Sue them for loss and punitive damages.

    1. Re:Here's what I'd do by Anonymous Coward · · Score: 1

      Such agreements cannot legally bar you from seeking damages the result of gross negligence or wanton acts of misconduct by a party to the contract.

  8. And people wonder why I'm against the cloud. by Paleolibertarian · · Score: 5, Informative

    As long as your data is out of your hands it is extremely vulnerable. The hosting company only cares about the money you pay them and little else. If they're hacked, too bad. If they're servers are down, too bad. if the justice department comes with a request, all your data belong to them. Host your own systems on your own property and make your own "in-house" backups. The cloud by definition is vaporware.

    1. Re:And people wonder why I'm against the cloud. by Anonymous Coward · · Score: 0

      Host your own systems on your own property and make your own "in-house" backups.

      If your servers are hacked, you're dealing with them. If they're down, you're dealing with it, and it's you're fault - which is fine if you run websites about your cat, but not if you've got C-level executives above you. And if the justice department comes with a request, all your data belong to them in addition to your dog and/or toddler being shot.

      Oh, and uh, good luck with those power requirements, SAS certifications and peering agreements.

      The cloud by definition is vaporware.

      Vaporware? I'm not sure you understand what that term means. The cloud - while an asinine moniker - exists and has existed for years.

      Now, should you use it? Hell no. I've yet to see the "cloud" provider that doesn't have shit I/O performance, among other things. You can do far more with a physical machine and a rudimentary knowledge of cfengine, puppet, chef - or hell, bash, FFS - than you can with all the whizbang useless bullshit cloud vendors try to sell people on.

    2. Re:And people wonder why I'm against the cloud. by Anonymous Coward · · Score: 0

      I'm totally with you on this one. The Cloud is for sheep and idiots. I mean, WTF did they expect would happen? Hand off control to someone else, and suck up the consequences, buddy.
      The Cloud is great for distributing LOLcat pix and high-larious YouTube videos, but only a fool would place anything important out there. If you *must* use "The Cloud", use it for things which you don't mind losing/being copied, or want to share. Keep the important stuff where it belongs.

    3. Re:And people wonder why I'm against the cloud. by Richard_at_work · · Score: 3, Insightful

      This really doesn't have anything to do with "the cloud" - its plain old hosting, and everyone needs a domain registrar in order to hold a domain. In this case the registrar fucked up and allowed access to an account they shouldn't.

    4. Re:And people wonder why I'm against the cloud. by AK+Marc · · Score: 1

      If your servers are hacked, you're dealing with them. If they're down, you're dealing with it, and it's you're fault - which is fine if you run websites about your cat, but not if you've got C-level executives above you.

      You've hit on the *one* reason to outsource. If you are incompetent, then you should outsource. Otherwise, who cares how many C-level executives are above you? I've had lots above me, and have reported to them. In almost every job I've had, there was less outsourcing when I left than when I got there, and things were better for it. But yes, the incompetent require outsourcing, as they can't get anything done themselves.

  9. yawn by Anonymous Coward · · Score: 1

    There was life before the "cloud". Back up your own shit.

    1. Re:yawn by Anonymous Coward · · Score: 0

      Right, I'll just back up all my domains...

      Goofy, pls.

    2. Re:yawn by exomondo · · Score: 1

      There was life before the "cloud".

      I'd be surprised if when Rackspace started using the term 'cloud' they actually changed anything aside from the name of the service, most of this 'the cloud' shit is just renting a server.

    3. Re:yawn by HornWumpus · · Score: 1

      I bet a (price per virtual server) * (servers hosted per machine) GT (price per two machines in different datacenters, peering etc).

      So they also changed the price. They are doing a little more work.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  10. Never accept anything by DaveV1.0 · · Score: 4, Insightful

    Your second mistake may have been to accept the free hosting. It is quite possible that by accepting you have just cut yourself out of any future ability to seek redress.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    1. Re:Never accept anything by AequitasVeritas · · Score: 2

      It never said he accepted it. He just said that is what was offered, not that he accepted the offer.

  11. Brilliant analysis, logical conclusion by rsborg · · Score: 2

    What I would do is send them another message saying you find their consolation gift unacceptable and you're moving all your business away from them. Then I would do that. Then, I would simply write up a detailed account of these events with a tl;dr of "got F'ed in the A by XYZ Inc" and just go out and drop that on every single forum and review site you can find for domain names and hosting.

    Looks like this is the only recourse in many of these cases. Expect this to be made illegal soon.

    --
    Make sure everyone's vote counts: Verified Voting
    1. Re:Brilliant analysis, logical conclusion by TheGratefulNet · · Score: 1

      next up: ISP's to be declared 'legal persons' with special rights.

      you just wait. you know this is how the modern 'legal' system works.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Brilliant analysis, logical conclusion by Trahloc · · Score: 2

      Just curious, but if your email account is hacked how is an ISP supposed to know if its really you or not? "Obviously wrong information" can mean almost nothing. How many people have English as their 4-5th languages online? Why should the burden of proof be on the ISP to prove you're you beyond the username and password you were given? I've caught these sort of errors and have prevented a multitude of hacked email accounts to avoid also compromising the servers within our control, but damn the government or anyone else who thinks that I *have* to do this or else be sued out of existence. ISP's don't need special rules but we shouldn't be required to have experienced human level pattern recognition as the minimal requirement to protect users from themselves. We're not in the identify protection business after all. The legal burden should be on whatever an automated script could accomplish, so if you lose control of your username/password, ain't our fault.

      --
      The Goal: A long simple life filled with many complex toys.
    3. Re:Brilliant analysis, logical conclusion by Anonymous Coward · · Score: 1

      I assumed by "grave omissions" he meant to communicate the fact that, given the contents of the form requesting to change primary contact info for his account, they should have known it was not him. Which would have to mean that someone, without a password or password-reset "secret answers", filled out a form that said "please change my contact e-mail to abc@xyz.com, my user name is qwerty". To which they probably should have, at least, only replied with "please contact our support number by phone to do this" and then required him to provide the CC# he'd used to pay for their services to verify identity.

      But really, without him coming back to clarify things, we have no way of knowing for sure.

    4. Re:Brilliant analysis, logical conclusion by Anonymous Coward · · Score: 0

      Umm.. (Most) ISPs are "Legal Persons" considering most of them are corporations of some type or another. One of the definitions of a corporation in the United States is "Legal Personality." This essentially makes them all "people" under the law. It has been this way since 1886. The Equal Protection clause of the 14th Amendment of the United States Constitution applies to corporations. (Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 )

    5. Re:Brilliant analysis, logical conclusion by Trahloc · · Score: 1

      Such changes occur routinely. You'd be amazing how many small providers sell their companies after only a few months/weeks. Many times they just log in and change the information themselves without any human interaction. I'm actually a bit surprised any human interaction was needed for that sort of change. We don't know the specifics of how the information was changed but if they use a secret phrase and the person who put the change in was able to find it what was the ISP supposed to do? Call the person at home for every single account change no matter where they are located globally? Treat national clients as special because they don't involve international charges for the $4.99/mo account? We don't have enough information to truly judge whether or not the ISP is to blame. The submitter provided nothing but rage in his post. He acts as if it was 100% the ISP's responsibility to catch this and there was nothing within his power to prevent it from occurring. I find that doubtful as someone in a related business.

      --
      The Goal: A long simple life filled with many complex toys.
  12. Co-Locate everything by Anonymous Coward · · Score: 1

    In the future, either host in-house or co-locate. I use cloud servers for thing like my kitten&gumdrops website (it's a private site sorry /. ers)

    1. Re:Co-Locate everything by Anonymous Coward · · Score: 0

      I use cloud servers for thing like my kitten&gumdrops website (it's a private site sorry /. ers)

      Hey, thats MY site. I'm switching providers.

    2. Re:Co-Locate everything by Kalriath · · Score: 3, Interesting

      What's wrong with unmanaged dedicated? The provider doesn't know your password so essentially it's the same as co-locating (i.e. the provider can get into it anyway, since they have physical access but they'll have to hack it to do so).

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  13. sox? by Anonymous Coward · · Score: 0

    Is there an SOX requirement here - is this a breach by the hosting company?
    Was it an isolated incident (did it happen to other customers)?

    You did the "right" thing by writing a letter - email is not legal (in this sense).
    I would continue the discussion with the paper documentation you've already started.

    Document what you believe is a fair estimate of your loss - time x hourly rate.
    See if you can negotiate an agreeable resolution - you did good by not releasing their name
    showing good faith on your part.

    I'd avoid an attorney for now...

    1. Re:sox? by julesh · · Score: 1

      Is there an SOX requirement here - is this a breach by the hosting company?

      Sounds like he's in Canada, so SOX doesn't apply.

      You did the "right" thing by writing a letter - email is not legal (in this sense).
      I would continue the discussion with the paper documentation you've already started.

      While I would say that a letter is the best thing to do, the suggestion that email doesn't have the same legal force is not necessarily true. Phone them and ask if they accept service of legal documents by email -- if they say yes, then it probably does (depending on your exact jursidiction, YMMV).

  14. Clown Computing by Anonymous Coward · · Score: 0, Insightful

    The whole Cloud Computing thing is an industry fad, like many others that have come and gone. Given the advent of cost-efffective mega-comms like dark fibre and WAN optimisation, remoting all of your infrastructure or services seems like a logical thing to try.

    The problem is......pretty much everything that could go wrong when you trust strangers to handle all of your sensitive IT stuff and protect yourself with a simple piece of paper (hark, I think I can hear the ghost of Neville Chamberlain checking his email...), like as not written by the provider, will go wrong for someone out there at some point. And the implications for the victims are very serious.

    When you outsource fully, this sort of stuff can and will happen. And you just have to accept it. Cloud providers are just people, and they are going to screw up in spectacular ways, and their customers are just going to have to cop it. End of story.

    Or you could keep stuff in house and take some actual responsibility for your own destiny.

  15. Lawsuit or bust by Krakadoom · · Score: 2

    Truth is it's probably not worth it to file a suit, but if you can afford the fees and such and dont much care about the financial side of it, it's a good way to get peace of mind. If you dont want to be out of pocked, all you can do is take it as a life lesson and next time you get password reset emails, act on them. Personally I would take the "Half a month of hosting as a good faith gesture" as a slap in the face and give em hell for it.

  16. Simple: publicly crusify them by Anonymous Coward · · Score: 0

    Publicly crusify them and setup a website - then complain to the regulatory body and start spinning 100 articles ... bet they will then suddenly start listening.

    This is not only a legal issue, you need leverage and the Internet gives it to you (which is why they so badly want to shut this down) ... use it !

  17. Stop trusting other people to manage your servers. by Sir+Realist · · Score: 2

    I don't mean that as a flippant smart-alec remark, I mean it as real advice. You probably do have legal recourse about which you should consult a lawyer, but after its all said and done your servers are still going to be in the hands of someone else, who can do this again.

  18. Business in "Cloud" by s.petry · · Score: 1

    I very much agree with others that said the gift as well as the act is not enough to justify staying with that service provider. I'm guessing that if it happened once, it can easily happen again. Sounds like they need to change some policies in order to protect people, and policies generally take a long time to fix.

    Now that we have that out of the way, I have to ask the more meaty questions. Do you really put high risk data on servers that you don't own? Do you really trust anyone but your company with your companies secrets? Do you have things in the Cloud that you can not replace?

    Lets face facts: Cloud services have no vested interest in your business. They are their to make money from you, so of course they don't want to piss people off. At the same time, the lack of the vested interest means that things can, and often do, fall through the cracks. Their TOS, just like most EULAs from Software vendors protects them from pretty much anything you can think of.

    This means that they gave you a gift to keep your revenue coming in, not because you have a chance in hell of taking them to court and winning anything no matter how bad you were harmed.

    Cloud is good for some things, but remember that it's not yours. If you don't care about some sales person leaving it at Starbucks, then it's Cloud safe. If you care, then it's not.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  19. Easy by Anonymous Coward · · Score: 0

    Lawyer up.

  20. You have few options... by Tolvor · · Score: 5, Interesting

    I used to work at a major domain name registrar before I went into business for myself. I have heard of dozens of cases like yours, and in short you are toast.

    Scammers look for valuable domain names that are in vulnerable accounts that have public emails addresses on free email servers (hotmail, gmail, yahoo, sbcglobal, comcast...) and that can be registered. Or it can be an old phone number that can be used, or some simple paperwork that can be faxed in that the scammer has access to.

    The registrars try to protect the domain name and send out warning emails that major account changes are occurring. If those emails are ignored and the domain names get transferred out, it is too late. It is unbelievably difficult (ICANN dispute) to reverse a transfer and force a domain name back once that transfer has finished.

    You ignored the email, so unfortunately it is your own fault. Just as it would be your fault if you ignored an official notice that you are required to show up for jury duty thinking it was spam, and afterwards get fined or arrested. Just as if you ignore the car alarm going off in the parking lot as a false alarm and in fact your car was jacked does not mean the alarm company is at fault. The fact that you ignored it means that you did not take needed and necessary steps to protect your property.

    You need to read the registrars terms of service and legal agreement that you agreed to. I am familiar with most of the major registrars and they all specifically cover this situation (basically that the onus is on you to protect your services). The registrars do this to protect themselves from lawyers.

    The only realistic course of action is for you to register a new domain name, sad as that may be. Or pay the hostage fee to whoever took the domain name which will probably be in the thousands of dollars.

    I wish you luck.

    1. Re:You have few options... by Mr.+Underbridge · · Score: 2

      Or pay the hostage fee to whoever took the domain name which will probably be in the thousands of dollars.

      If there's a way to pay them, wouldn't there be a way to sue them? They do seem to have falsified documents, presumably committed wire fraud, and ultimately must have stolen something of value. Are these scoundrels all outside jurisdictions where they can be touched?

    2. Re:You have few options... by Tolvor · · Score: 1

      Surprisingly, not really. Domain names are property, and domain transfers are a result of an agreement between two people on the sale of a domain name. Once that domain name has transferred it is up to the holder on whether to sell the domain, and for how much.

      About a year ago BT Telecom anonymously purchased a domain name from a person that was holding the domain name for a major new service they were offering. The person later found out that he could have sold it for far more money had he known who the buyer was (which is exactly why they did it anonymously). The person can't complain and then ask for the domain name back because he has changed his mind.

      The same is true for all domains. Registrars do not know the background of the domain name, and whether there is a company shakeup, divorce, bankruptcy, or a domain name speculator who has just sold a domain name. The court system is even trickier because international law starts being considered, as well as trademark litigation (which is also a mess - ex there are at least 2 companies with the trademark "Dominos"), and the various internet rules and regulations (which almost no one has read - ex UDRP).

      So if a person wants to sell the domain name afterward, it proves nothing, and alters nothing. What a person does with there own property is completely up to them.

    3. Re:You have few options... by Mr.+Underbridge · · Score: 1

      So if a person wants to sell the domain name afterward, it proves nothing, and alters nothing. What a person does with there own property is completely up to them.

      Except in this case they seem to have acquired it through fraud. I'm not seeing the connection with the BT example, in which the transaction is above board and more a matter of seller's remorse.

    4. Re:You have few options... by quantaman · · Score: 1

      It seems to me that this system just invites the lawyers.

      If it was easy to reverse a domain transfer that could be shown to have been fraudulent then domain stealing would be a much less lucrative business. (granted, I'm not sure how easy that system would be to implement)

      --
      I stole this Sig
    5. Re:You have few options... by Anonymous Coward · · Score: 0

      Seems to me that the domain is stolen property. The holder of stolen property has no right to it and it can be returned to its true owner with nothing more than a rubber-stamped order from the authorities.

      Unless the proprietor of Learning Together, Inc. transferred the domain name offshore (out of the country), it would be as simple as sending the legal order to the new domain registrar. If she did, then you'd have to file in small claims court; if that process didn't result in the domain being transferred back, eventually the sheriff might show up on the doorstep of Learning Together, Inc. and demand the domain, the payment, or enough furniture and computer equipment to make the payment. See how long that stand-off lasts.

    6. Re:You have few options... by Anonymous Coward · · Score: 0

      If this is in fact rackspace I can relate to what this person has been through. I was approached by a company to develop a site for them in exchange for company equity. I did approximately 400,000 dollars worth of consulting and development over the course of 4 years in exhcange for this. The CEO of the company I was working with then tried to cut me out as he started to deal with an investor. I had not been paid for any of my code, the configuration of the servers, the mobile applications or anything, and everything was hosted in an account registered to me with rackspace. I told the CEO of the company I had done the work for that we needed to come to terms and get everything properly documented for my ownership in the company and that I was done developing future features and functionality without direct payment. He had his lawyer send a notice to rackspace saying that the account should belong to him and that it needed to have a chance of ownership. I immediately contacted rackspace when I saw their email and notified them that this site had been developed entirely by me and that I owned it the copywrite to the code. I also notified rackspace that the CEO of the company had access to his domain at his registrar and could easily point it elsewhere. The virtual machines in question though were registered through me for a reason and I did not approve a chance of ownership. Without further notifying me they began to suspend the virtuals for transfer to a different account.

      I have since come to terms with the CEO of the company for compensation, but rackspace has left a very sour taste in my mouth for the way they handled my account.

  21. True Story by Anonymous Coward · · Score: 1

    Last week, requested a KVM on a new dedicated server so I could install a custom OS. Datacenter monkeys plugged KVM into another client's server, giving me terminal access. Almost formated the drives, only noticed when there were non standard services booting up like Asterisk, etc. Close call for the other customer, and I can guarantee that my provider won't even bother contacting him to warn him about the potential breach.

    1. Re:True Story by Skapare · · Score: 1

      YOU should have sniffed around further just to get that customer's identity and contact info. I once found a big wallet left in a grocery cart in the parking lot. Rather than take it inside to the store where minimum wage people would fondle it and possibly keep it, I rummaged around to find the name of the owner. I caller her and we met at a Subway restaurant. Anyway, after YOU move to another hosting company, be sure to let the other customer know about it.

      --
      now we need to go OSS in diesel cars
    2. Re:True Story by Anonymous Coward · · Score: 0

      A big wallet huh? How big was it, was it as big as a microwave oven ?

      I wouldn't bother calling the owner if it wasn't atleast the size of a pizzabox.

  22. Welcome to cloud computing. by roc97007 · · Score: 1

    We've been combating similar schemes in other externally originating services (ex: stealing domains) for years. Is anyone shocked that people are phishing access to cloud computing accounts?

    When your resources are internal and set up properly, a bad guy has to first defeat your physical security before they can even start trying to defeat your software security. Requests for access coming from the outside are immediately suspect. But in "the cloud", *every* request is an outside request, and the service provider has to manage multiple realms with completely different access while maintaining the lowest possible cost *and* a healthy profit margin. Fails like this are inevitable.

    As someone else said, stop trusting other people to manage your servers. To which I add: The value of your data probably exceeds any damages you could possibly get out of the service provider. It's a sucker bet.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  23. Trademark your domains by Animats · · Score: 4, Informative

    It's helpful to register trademarks on your important domains, if they're unique enough. This means a quick win in a UDRP proceeding, and gives you the option of suing anyone who ended up with your domain. It's about $400 per domain.

    More importantly, own your domains. If WHOIS doesn't have your name and address in "Registrant", you do not own the domain. You're just renting it from somebody. Your hosting provider should never have their name in there. This really matters when there's a dispute. Deal directly with your domain registrar. Do not deal with them through a hosting service.

    "Private registration" works the same way. The "private registration" service owns the domain, and you have a contractual relationship with them, at best. See what happened when RegisterFly went bust.

  24. find a new host, post reviews by bcrowell · · Score: 1

    This doesn't seem difficult to me. You have a month's free hosting. That's the time window you need in order to find new hosting and make sure the transition goes smoothly.

    You should also post descriptions of your experiences in relevant forums like webhostingtalk.com and hostingdiscussion.com.

  25. Protecting the guilty to trap the innocent? by reybo · · Score: 1

    Failure to identify the business that failed you is as selfish and cowardly a thing as can be done. And to have the nerve to ask for help from us while exposing us to such a loss is insulting beyond belief.

    1. Re:Protecting the guilty to trap the innocent? by Widowwolf · · Score: 1

      It's in the tag Dumbarse...Rackspace.com

      --
      ~~"Of course, that's just my opinion. I could be wrong." ~~Dennis Miller
    2. Re:Protecting the guilty to trap the innocent? by Bill+Dimm · · Score: 1

      Who applied the tag, and how did they know it was Rackspace? Seems like pretty sparse evidence to warrant calling someone a dumbarse.

    3. Re:Protecting the guilty to trap the innocent? by Tacvek · · Score: 5, Informative

      The tag was applied by the submitter. See the Original submission and notice the link to the original source, which is a letter the submitter wrote to Rackspace about this incident.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    4. Re:Protecting the guilty to trap the innocent? by Bill+Dimm · · Score: 1

      That's very informative (sorry, I'm out of mod points). Thanks.

  26. An old story by squidflakes · · Score: 1

    I used to work for your host's primary competition, and while they have been bought up and chopped to pieces, their terrible approach to customer service is the stuff of legends.

    The Random Reboot Lottery was an hourly occurrence, as one poorly trained data center monkey after another went swinging from rack to rack pressing all of the shiny buttons. The Random Restore Lottery was a daily thing, as the same reboot monkeys removed the hard drives from the wrong machines and replaced them with default images. Of course the removed drives were never checked for data or media issues, simply reformatted with the default image and put in the queue to fail again and cause some other customer hours of frustration.

  27. Anyone could have added that tag. by pavon · · Score: 4, Insightful

    I wouldn't make any decision based on that, as any user can add tags to a story.

  28. We can't help you ... by Skapare · · Score: 1

    ... if you don't give enough details like the name of the hoster, dates of events, what domains were transferred, yada, yada, yada. You know if you took this to a lawyer (the best thing to do, really) they need all this info and more. If you want us to help, we need it, too.

    --
    now we need to go OSS in diesel cars
    1. Re:We can't help you ... by mmcxii · · Score: 1

      And we need your passwords too. We won't use them for anything crooked... I swear to God.

  29. Check Your SLA by PerfectionLost · · Score: 2

    Let me preface this by saying I work at a company (http://www.edgewebhosting.net) that directly competes with rackspace.

    Check your Service Level Agreement (SLA). They are usually not too hard to read, as they are often used as a selling point to people (that said, get a lawyer if you want to get hot and heavy with them). Usually the SLA will say something like this (which is from our SLA):

    Our Guarantee: If your ability to send and receive traffic is impacted for more than 30 minutes, we will credit your account 1/30th of the monthly fees for each 30 minutes of downtime - up to one full month fees in a given billing period for the affected server(s) or service.

    A month and a half of hosting under those terms is pretty comparable. That said, I would recommend switching hosts. Someone gamed their support to get access to your account. Their support mindlessly (or fanatically if you prefer) went and turned off your domain with out verifying what was going on.

  30. legality by Anonymous Coward · · Score: 0

    Simple. If someone transferred a domain from you, that's theft or at the very least fraud. Go call the local wallopers and get them onto it. Once that's all done and dusted, I'd be looking for a bigger cloud provider. You get what you pay for. If you want penny dreadful providers, you get crap insecure service. :( Sucks

  31. Not to be reductive... by fusiongyro · · Score: 1, Insightful

    ...but maybe it's time to get off the fucking cloud.

    1. Re:Not to be reductive... by EricTheGreen · · Score: 1, Flamebait

      Fabulous idea!

      And move to .... what exactly? His own private internet, where there's no dependencies on anyone else for DNS/ domain registration and management / etc. ?

      Or is there a killer opportunity involving stone tablets he should switch his business model to?

    2. Re:Not to be reductive... by Anonymous Coward · · Score: 1

      Oh fuck off. Like the internet didn't exist before everyone started clamoring about TEH CLOUDZ! People like you make me ill

    3. Re:Not to be reductive... by Anonymous Coward · · Score: 0

      Yes, I agree. If you want hosting then that's your problem. If you want a server, build it yourself and pay to co-locate it yourself...pay for you domains and you'll have lots of legal protection. The internet isn't free, it takes folks like you an me putting servers up and paying for bandwidth.

    4. Re:Not to be reductive... by 1s44c · · Score: 1

      To a co-located, dedicated, or virtual server maybe?

      If running a DNS and web server is more than you can handle you should just outsource it and leave the IT to the IT people.

    5. Re:Not to be reductive... by Anonymous Coward · · Score: 0

      So run your own DNS server and expect everyone to add it to their setups?

  32. Grow some balls and get a lawyer. by Anonymous Coward · · Score: 0

    Really, slashdot, you're going to ask slashdot? Here is what you should do:
    1. Grow a pair.
    2. Call a lawyer, and file a lawsuit for negligence.

  33. Do NOT talk to a lawyer by petes_PoV · · Score: 3, Interesting

    First of all, assess the damage. How much time has it cost you to rectify the situation? Have you got your 2 domains back? If you can come up with a reasonable figure for the time and any commercial damage that has been done, set that against the cost of "lawyering up".

    If you asked for this amount. I would expect your service provider would interpret it as the opening round in a negotiation and eventually you'll probably end up with about 50% of what you ask for. So make sure you've included everything in whatever you think you're due. Add on to that the time it will cost you to negotiate a fair settlement.

    The only time it's worth the time, trouble and potential cost of involving a third party (who will probably take as much of your time as you'd spend reaching a solution on your own and will almost certainly earn much, much more from this than you'll ever receive: possibly from yourself - and double that for the other guy's lawyer, if you lose) is if you get stonewalled, or counter-sued. If you can possibly reach an agreement without involving others, you stand to get the fastest and most satisfactory outcome. Remember, this is not a money-making opportunity.

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
  34. Are you for real? by Anonymous Coward · · Score: 0

    1. If you actually had this experience, I expect you will let us know the outcome.

    2. At some point after legal consultation, I expect you will reveal the name of ypur host unless they provide a significant settlement based on keeping your lip zipped.

    3. Do you really think any cloud service is more secure?

  35. Take Your Lumps by Anonymous Coward · · Score: 1, Insightful

    "I got an email from my cloud server to reset the admin password, first dismissed it as phishing, but a few emails later I found one from an admin telling me that they had"

    Hmmm. I'd say you were duly notified and chose to ignore the built in security mechanisms. This will make any legal case pretty tough.

    Hard to give great advice knowing nothing really... so either get an attorney's advice or take your lumps and move on. They did catch their mistake, so this might have just been an isolated event and not a matter of routine sloppiness.

    Hopefully you'll learn a lesson from this as well. Treat those types of emails very seriously, and contact the host asap.

    1. Re:Take Your Lumps by Anonymous Coward · · Score: 0

      Posting anonymous because I just modded you up, but let me clarify with what I think happened:
      I'm guessing the poster is a web developer who developed for a client, purchased the domain, and put themseles down as the technical [admin] contact. There's three contacts on a domain, and the owner must have been the client. Since the actual client was the actual owner they had the right to gain control of the domain and change that information as long as the technical contact didn't have some reason to deny it - and in this case the technical contact did not.

      The problem here is weather or not you consider the technical contact preventing changes to the domain to be a dick move or not - and as someone who's helped clients recover their domains from technical contacts before (and am currently in the process with one client now) I think it's a dick move. It's also something that's encouraged me to specifically write in my contracts that when we are the technical contact we will always, free of aditional chage, comply with requests for change of technical contact/DNS record/general domain ownership. Pointing out this particular (common) issue and our stance has also won us clients in the past.

  36. Re:A simple test...FAIL! by nedlohs · · Score: 1

    Clearly you didn't, since it's in the title of one of the submenus on that front page.

    Or you have a retarded definition of "every" or "link".

  37. my thoughts on this subject by RobertLTux · · Score: 1

    1 DID YOU GET YOUR DOMAINS BACK??

    2 did you lose any data??

    the absolute lowest you should accept is

    1 their offer
    2 your domains back
    3 an actual physical letter detailing how they will be preventing this from ever happening again (ie you setup some sort of secondary password and or you get a phone call before any change of that type gets processed).
    4 any data lost gets restored from the last backup FOR FREE (assumes they have backups) or you add X more days to your freebie time)

    other than that they have lost your account

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  38. Lawyer by Anonymous Coward · · Score: 0

    Talk to a lawyer, you fucking idiot. Who else can tell you best what to do?

  39. You are in a negotiation here by DG · · Score: 4, Interesting

    I don't thing you need a lawyer - yet.

    You are in a negotiation. The company has made you an initial offer - the half-month free hosting - and that initial offer has a dollar value associated with it.

    You have been inconvenienced, and it took time to rectify the problem. Your inconvenience and time also has a dollar value associated with it. So what is it?

    I would work out the value of what you lost, add 20% for general hassle costs, and present that as a counter-offer to the company.

    I would also work out the minimum value for which I would settle. It's less than getting everything I want (which you might get) but enough to counter-balance the additional hassle of hiring a lawyer and all those extra expenses.

    Then negotiate. If they present an offer that is above your settle value, take it. If they don't, THEN you call the lawyer. Not only is this likely to arrive at a mutually agreeable solution without lawyers taking a cut, if you do wind up hiring a lawyer, you give him more to work with "my client made a perfectly acceptable counter offer and you refused it" etc.

    Lawyers can be a useful tool, and sometimes they are necessary, but a reasonable negotiation can also work. You just need to understand your position first.

    DG

    --
    Want to learn about race cars? Read my Book
  40. cloud server equivalent by koan · · Score: 1

    Hey here's the keys to my Porsche because I know you won't drive it when I'm gone *WINK WINK*

    --
    "If any question why we died, Tell them because our fathers lied."
  41. I'm thinking small class action by BlueCoder · · Score: 1

    Depends on the size of the company and if you can convince the lawyer to do it on his own dime. He could then subpoena customer records and inquire if anyone else has had security issues. How did the security problem happen and how could it have been prevented? No matter what the shrink wrap service licence says their are implied minimum standards and expectations. If people aren't getting what they think they are paying for then it should merit a class action.

    Just this act might make it worth it to you to pay the lawyer yourself. Maybe $500 or $1000. It would get the companies attention. You would have their complete customer list and be emailing all their customer pasts and current asking for people to come forward with security issues. Just that act would bring awareness of the issue to other customers and have them asking the provider about security and guarantees.

    The company will talk to you before they hand over customer records. You can likely negotiate to pay your minimal legal costs and to work with you and actually fix their security procedures. You might even be able to get a couple grand compensation in exchange for working with you to fix THEIR security issues.

    Another thing you can do is write senators and congressmen and bring attention to the issue. Suggest a minimum penalty that companies are liable for, like $500 or $1000. Something that would make companies pay attention and not sacrifice security for convenience.

  42. "Cloud" server? by DeathElk · · Score: 2

    What the hell is a "cloud" server anyway?

    1. Re:"Cloud" server? by Ash-Fox · · Score: 1
      --
      Change is certain; progress is not obligatory.
    2. Re:"Cloud" server? by DeathElk · · Score: 1

      Thanks. And get off my lawn.

  43. Terrifyingly Commonplace by Zaelath · · Score: 1

    The amount of clients I've worked with that have this "timeline" for their internet presence is disturbingly high:

    1. Discover the internet is important to sales
    2. Spend 400 man hours discussing what the domain name should be
    3. Spend 5 minutes on Google finding a website designer
    4. Allow designer to sell you a hosting package and do all that technical stuff, like registering domain names and setting up DNS servers.
    5. Wait 12 months
    6. Decide they want to move hosting of "their" domain
    7. Spend 400 man hours trying to work out how to "regain" ownership of "their" domain.

    In my mind this is the same process:

    1. Discover cars are important to sales
    2. Spend 400 man hours deciding what colour the car should be (yellow)
    3. Spend 5 minutes at a car lot and buy a yellow coupe for your family of 6.
    4. Allow the car salesman to sell you the upgraded everything and do all that technical stuff, like registering the car (in the yard's name)
    5. Wait 12 months
    6. Decide you want to sell "your" car
    7. Spend 400 man hours trying to work out how to regain ownership of your car.

    Why is the second example ludicrous and the first commonplace?

    And yes, I'm blaming the victim here.

  44. You can realize that you are diving into a sewer? by jlugert · · Score: 1

    It's naive to believe they will lift a finger to even acknowledge, much lest recover, your pilfered goods. Gone are the days of cruising over to the Cerfnet cave to mingle with clairvoyant IOSmiths & tweak the 4k to perfection. They will respond to your legal actions & your payments, otherwise you don't exist. I lost a couple of domains I had for 10 years in the same manner as you... just as soon as they had enough street value to be worth the effort to lift. And it was very little effort! Response from Verislime/Network pollutions? Guess. Internet insecurity is the rule, not the exception. You just gotta play the numbers & hope for the best.

    There are supposedly straight dealing ISPs such as "no bullshit" Gandi, I've yet to find one. Gandi is the same or worse than any I've dealt with, just better at hiding it. Dig a little deeper, take a peak at the flimsiness of their back-end ops, biz/support process & policy... no bullshit leaves the property is more like it.

    Most get away with it cuz things work ok most of the time--as it was all automated by that guy with the ponytail in the corner over there a long time ago, & most people don't know any better. It's tempting to wish to believe these orcs have your best interest in mind--after all you are the guy who sprinkles the road with power pills for them to gobble gobble gobble. However, think about the motivation for becoming a DNS dealer. You need perhaps 2U of rack space, an 80 hour/week sysadmin, and low paid folk to answer the phone--the rest is gravy. Or so they are told as they swindle their clients down the river with re-assurances and paper over their crumbling foundations.

    These folk be not your friend. Think cloud... of locusts.

    Good luck brother.

  45. Well.... by Anonymous Coward · · Score: 0

    Don't store personal stuff on the "cloud server" (?) would be the obvious choice for me.

  46. RackSpace by therealobsideus · · Score: 1

    RackSpace in general is a great provider - I personally have never had any problems with their service. I'm not speaking to all their products (I setup and manage a managed cloud account for the company I work for), but this was in our ToS: 17. LIMITATION ON DAMAGES. Our obligations to you are defined by this Agreement. We are not liable to you for failing to provide the Services unless the failure results from a breach of this Agreement, or results from our gross negligence or willful misconduct. The dollar credits stated in the Service Level Agreement are your sole and exclusive remedy for unavailability of the Services. Neither of us (nor any of our employees, agents, affiliates or suppliers) is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for any loss that could have been avoided by the damaged party's use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages. Notwithstanding anything in the Agreement to the contrary, except for liability based on willful misconduct or fraudulent misrepresentation, and liability for death or personal injury resulting from Rackspace's negligence, the maximum aggregate monetary liability of Rackspace and any of its employees, agents, suppliers, or affiliates in connection with the Services, the Agreement, and any act or omission related to the Services or Agreement, under any theory of law (including breach of contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of (i) the amount of fees you paid for the Services for the six months prior to the occurrence of the event giving rise to the claim, or (ii) Five Hundred Dollars ($500.00).

    1. Re:RackSpace by therealobsideus · · Score: 1

      Totally failed on markup.

  47. Its still a data breach by Anonymous Coward · · Score: 0

    First, i'd treat this like any data breach. Regain control of your accounts, change all passwords, Restore from good "clean" data. Secondly, I'd find another cloud hosting platform and move off whoever you're with now. Once all that work is done, consult your lawyer for possible legal action. I'm sure if he waves around negligance, etc and how much you spent to do this work, plus costs for himself, and other damages you'll probally get something. No matter how they got into your server it's still a data breach. How does that affect your business?

  48. I had GoDaddy do something similar. by Anonymous Coward · · Score: 0

    I think this sort of slipshod reassignment of access credentials happens far more than we hear about it. I had GoDaddy do something similar to me once. I had registered the domain for a startup of which I was a co-founder, and held it in an account with about 20 other domain names I use for various other purposes, that had nothing to do with that business. When I left the firm, they asked GoDaddy to transfer the name to them, and instead, GoDaddy gave them control of my entire account, which had existed for years longer than that company had.

    If I had been a consultant of some sort holding names for multiple customers, it probably would have been a breach of multiple contracts. Trying to get them to talk to you after they've handed your account to someone else is a Kafkaesque ordeal, because their presumption is that you're not the owner.

    To add insult to injury, GoDaddy's terms of service (the last time I checked) included a clause that allows them to deny you service simply for posting critical commentary about them or their service, so I suspect you would never see blog posts about it until after people had transferred to another registrar.

  49. legally claimable losses by dutchwhizzman · · Score: 4, Interesting

    Having to completely reinstall the server because of possible back doors left by the "thief". Business value of the domains stolen. These are most definitively damages that are a direct result of the fact that they let a stranger on his cloud server. Possible damages include lost revenue that can be proven by either actual cancellations and possibly statistics, monetary equivalent of lost reputation (reduced business income) and overhead costs like legal fees, time taken to sort out the incident and such. Even if you only take 8 hours to reinstall the server at a modest rate of $50/hour you are looking at $400 in damages. I doubt you'd be paying much more than that for an average cloud server for a whole year, so the settlement offer they give is nowhere near your costs and what your claim should be.

    --
    I was promised a flying car. Where is my flying car?
  50. Sue by Anonymous Coward · · Score: 0

    Sue them?

  51. Call the police by statsone · · Score: 1

    the signer of the document made a false statement. Located in Canada, she (Natale Waboose) can be charged with uttering a forged document, fraud, and interfering with a computer.(I am not looking up the sections of the Criminal Code or their correct name)

    Regardless of who owns the site (learning-together.ca), one can't gain access to an account and transfer on their own.

    Rackspace really blew it this time.

  52. Re:Stop trusting other people to manage your serve by Richard_at_work · · Score: 1

    Domain names are *always* going to be in the hands of someone else...

  53. That's what you get... by Anonymous Coward · · Score: 0

    I've just waited for a submission like this since the cloud craze started. Look at the real life examples: You lend out a book/toy/power tool/whatever and despite all those promises you've got you get it back in a bad shape or not at all, sometimes because it has been passed on to yet another person you don't know.

    Do people actually believe it would be different with their data/processing power? Common sense says no, but usually common sense doesn't seem to be that common as the phrase implies.

    So, as a rule of thumb: Don't give something out of your hand if you can't afford to lose it. That's the same with privacy (facebook), your data/processing power (cloud hosting/software as a service) and maybe many other things.

    So you did so and got burned because of a FUBAR in the cloud hosting's administration/business processes (note that it wasn't a computing failure/security leak but a human failure)? Terminate your contract, call a lawyer, see it as a valuable lesson.

  54. What do you want? by Anonymous Coward · · Score: 0

    First I want to say that too often when I hear these stories the writer hasn't really told the entire truth, or provided only those facts which support their claim of injury. In this case, I must wonder why a hosting company would provide some random person with access to your account. Who was it they gave access to? If it was a contract developer, former employee, or ex-partner with whom you are now having a dispute, but who you provided access to previously, then maybe their decision wasn't quite so audacious. How clearly "yours" were those domains and why wasn't anything else stolen? Most importantly, what do you want? If a half month of domain service isn't sufficient, what would be? Have you asked them for that?

    I've had several issues with my hosting provider over the past 8 years. I don't think I've ever accepted their first offer. I always think of the first offer as "the least they can do" to make me happy. It costs you nothing to tell them what you think is "the most they can do" to make you happy, and then negotiate something satisfactory that everyone will consider a win-win.

    That said, if you really really do have a legitimate claim and the hosting company won't give you fair compensation, the idea of going to a lawyer about this is just plain stupid. It'll cost you a lot more in time and trouble than it's worth. Secondly, posting a bunch of barely believable crap about a company that has thousands of other happy clients won't accomplish much. There are much simpler ways to deal with it. I hesitate to share this with someone who probably is just pissed off because someone he has a dispute with outsmarted him. None the less, here's what you do. Sue them for some trivial amount of money in small claims court where you don't need a lawyer or great legal expertise. Chances are, the hosting provider is out of town and will need to hire some local gun to show up, and he'll charge them a ton of money for that. If you're really really pissed and want to drive them insane, do what lawyers call "paper the case"... obtain a subpoena for relevant information that will probably take forever for them to compile, like a copy of every domain transfer for the past 5 years to establish whether this instance is unique. No matter what they send you, subpoena something else. Drive them nuts with it until they agree to give you what you want. But, remember this, you'd better have a legitimate case or you could end up paying their legal fees.

    1. Re:What do you want? by Anonymous Coward · · Score: 0

      The transferred domain was learning-together.ca, and the person who took the domain was an employee of Learning Together, Inc. which is the company for who the learning-together.ca website exists. So there's definitely something fishy here. Why didn't Learning Together own the domain in the first place?

  55. What host? by 1s44c · · Score: 1

    What host did this?

  56. What about GoDaddy ? by Anonymous Coward · · Score: 0

    Move to GoDaddy. Nice adevertise!

  57. 3 things by ormico · · Score: 0

    Change Providers Call a Lawyer Call the Police (after talking to the Lawyer and with his advice).

  58. Did you get your domain back? by Anonymous Coward · · Score: 0

    Did you get your domain back?

  59. Reputation alone by OldManCoyote · · Score: 1

    Just tell them when word of their antics gets out, their business reputation will be ruined. Who would be able to trust a business with their data who blindly resets your password without a valid confirmation? A bad reputation has killed more businesses...

  60. Amazon. by Anonymous Coward · · Score: 0

    This was Amazon, they have done this to me as well.

  61. You are SOL. by ToddInSF · · Score: 1

    Rackspace has a TOC or whatever that you agreed to when you signed up for their service.

    I doubt they haven't covered their ass on this one, and I doubt that you are even aware of the content of the contract which you freely and willingly entered into and agreed to. If I am incorrect on these assumptions, I apologize for them, and the following remarks based on these assumptions.

    Live and learn, real professionals, real business people, they actually bother to read and comprehend the contracts and contents of them which they have entered into.

    And don't trust /. for advice on something like this, as the geek bias level here is not based on the legal reality, as is evidenced by the majority of posts which place the blame on everybody but you.

    Not that I don't sympathize with you, I really do. Chalk this one up to a very valuable lesson as to how to properly conduct business, and count yourself *extremely* fortunate that you did not learn this lesson with serious consequences. You've got off easy, be grateful and sleep sound knowing you won't make the same mistake again.

  62. Postal. by RockDoctor · · Score: 1

    Go. In the words of Yolanda (?) in Pulp Fiction, execute their muttha-fucking asses. Frag 'em. Got the general idea?

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"