Warning: NexusBytes Deadpool Imminent, MOVE YOUR DATA

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  • Anyone got an affiliate link for new customers wanting to join SmallWeb?

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  • @jarland How's that backup coming along? Just asking 'cos you're here. :blush:
    @MichaelCee I'm scrolling back through this thread to re-read the refugee offer due to receiving an invoice for it. ;)

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  • rootroot OG
    edited February 2023

    @AlwaysSkint said:
    @jarland How's that backup coming along? Just asking 'cos you're here. :blush:

    He is not doing any backup, because it is illegal to touch the data of another provider without their consent. He only keeps it active because NexusBytes owner was a friend.

    @MichaelCee I'm scrolling back through this thread to re-read the refugee offer due to receiving an invoice for it. ;)

    He had an offer for refugee, matching the price by creating the same NexusBytes plan within OnePoundEmail. I do not know if this offer is still active though. If it is, you better hurry and grab it while it's still hot and abusers don't see it.

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  • Ta, @root I forgot it was in another thread.
    (Jar knows what I'm talking about.)

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  • MichaelCeeMichaelCee Hosting ProviderOGServices Provider
    edited February 2023

    @root said: He had an offer for refugee, matching the price by creating the same NexusBytes plan within OnePoundEmail. I do not know if this offer is still active though. If it is, you better hurry and grab it while it's still hot and abusers don't see it.

    Aye, it's basically 6 months :wink: free service for refugees and a complete spec/price match, but a payment for your billing period is required first.

  • @root said: because it is illegal

    Where?

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  • jarlandjarland Hosting ProviderOG
    edited February 2023

    @skorous said:

    @root said: because it is illegal

    Where?

    I believe he might be using the word “illegal” as shorthand for what could possibly be sued as a tort. I suppose “illegal” isn’t a completely unfair word to describe a tort, but it would require agreement by a judge to truly be deserving of the word in anything beyond mere opinion.

    Even if that were to reach a judge, I do believe my plans around this would cause it to be easily dismissed. But if we’re talking about a friend who went MIA and is no longer residing in the states, I think it’s probably a silly discussion to spend much time on.

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  • rootroot OG
    edited February 2023

    @jarland said:

    @skorous said:

    @root said: because it is illegal

    Where?

    I believe he might be using the word “illegal” as shorthand for what could possibly be sued as a tort. I suppose “illegal” isn’t a completely unfair word to describe a tort, but it would require agreement by a judge to truly be deserving of the word in anything beyond mere opinion.

    Even if that were to reach a judge, I do believe my plans around this would cause it to be easily dismissed. But if we’re talking about a friend who went MIA and is no longer residing in the states, I think it’s probably a silly discussion to spend much time on.

    I do not know the laws of United States, but in European Union holding data and personal information for which you do not have rights to hold or acquire, is considered illegal, especially considering GDPR legislation.

    Again, I do not know the contract or trust between MXRoute and Nexusbytes, and therefore I do not know where anyone's rights begin and where they end, however I am willing to try and test this if need be.

    There has to be some consumer protection agencies and privacy laws in United States. I know for sure that clients of NexusBytes have contract with NexusBytes directly, not with MXRoute. Nexusbytes in return has contract with MXRoute. All in all, I would love to see MXRoute buy NexusBytes and fix all this mess in a respectful and legal way, without searching for legal interpretations to move clients and their data.

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  • crunchbitscrunchbits Hosting Provider

    @root said:

    @jarland said:

    @skorous said:

    @root said: because it is illegal

    Where?

    I believe he might be using the word “illegal” as shorthand for what could possibly be sued as a tort. I suppose “illegal” isn’t a completely unfair word to describe a tort, but it would require agreement by a judge to truly be deserving of the word in anything beyond mere opinion.

    Even if that were to reach a judge, I do believe my plans around this would cause it to be easily dismissed. But if we’re talking about a friend who went MIA and is no longer residing in the states, I think it’s probably a silly discussion to spend much time on.

    I do not know the laws of United States, but in European Union holding data and personal information for which you do not have rights to hold or acquire, is considered illegal, especially considering GDPR legislation.

    Again, I do not know the contract or trust between MXRoute and Nexusbytes, and therefore I do not know where anyone's rights begin and where they end, however I am willing to try and test this if need be.

    There has to be some consumer protection agencies and privacy laws in United States. I know for sure that clients of NexusBytes have contract with NexusBytes directly, not with MXRoute. Nexusbytes in return has contract with MXRoute. All in all, I would love to see MXRoute buy NexusBytes and fix all this mess in a respectful and legal way, without searching for legal interpretations to move clients and their data.

    I'd assume @jarland would be held accountable by a US federal court (or Texas state law) and there is no GDPR consideration here so that is completely null. At best, some FTC or state-specific laws around emails/data but good luck making heads or tails of that.

    He would be legally allowed to purchase the clients (and not have to purchase all of NB), but that would require NB to be active and responding. I am a little confused as to why you are so dead-set on MXRoute purchasing NB outright as the only "respectful and legal" way. All legalities are interpretations of law, I don't get the impression he is looking for some corny loophole here. If the reseller is completely MIA/incapacitated there are absolutely respectful and legal methods that can be pursued when an outright purchase is not possible. I thought @yoursunny had a pretty decent roadmap wherein you don't assume/move/touch any data without active client action and permission after the reseller agreement has been voided.

    For an additional perspective from one of your (very happy) customers: I'd be ecstatic that you are going out of your way to make sure I don't have business interruptions with regards to my email, and making it known and clear you are backing up your product and actively supporting it by whatever means are available and safe to you. In fact, this served as a reminder for me to go get another MXRoute account purchased for our parent org domains to get it off gsuite and stop procrastinating.

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  • rootroot OG
    edited February 2023

    @crunchbits said:

    @root said:

    @jarland said:

    @skorous said:

    @root said: because it is illegal

    Where?

    I believe he might be using the word “illegal” as shorthand for what could possibly be sued as a tort. I suppose “illegal” isn’t a completely unfair word to describe a tort, but it would require agreement by a judge to truly be deserving of the word in anything beyond mere opinion.

    Even if that were to reach a judge, I do believe my plans around this would cause it to be easily dismissed. But if we’re talking about a friend who went MIA and is no longer residing in the states, I think it’s probably a silly discussion to spend much time on.

    I do not know the laws of United States, but in European Union holding data and personal information for which you do not have rights to hold or acquire, is considered illegal, especially considering GDPR legislation.

    Again, I do not know the contract or trust between MXRoute and Nexusbytes, and therefore I do not know where anyone's rights begin and where they end, however I am willing to try and test this if need be.

    There has to be some consumer protection agencies and privacy laws in United States. I know for sure that clients of NexusBytes have contract with NexusBytes directly, not with MXRoute. Nexusbytes in return has contract with MXRoute. All in all, I would love to see MXRoute buy NexusBytes and fix all this mess in a respectful and legal way, without searching for legal interpretations to move clients and their data.

    I'd assume @jarland would be held accountable by a US federal court (or Texas state law) and there is no GDPR consideration here so that is completely null. At best, some FTC or state-specific laws around emails/data but good luck making heads or tails of that.

    He would be legally allowed to purchase the clients (and not have to purchase all of NB), but that would require NB to be active and responding. I am a little confused as to why you are so dead-set on MXRoute purchasing NB outright as the only "respectful and legal" way. All legalities are interpretations of law, I don't get the impression he is looking for some corny loophole here. If the reseller is completely MIA/incapacitated there are absolutely respectful and legal methods that can be pursued when an outright purchase is not possible. I thought @yoursunny had a pretty decent roadmap wherein you don't assume/move/touch any data without active client action and permission after the reseller agreement has been voided.

    For an additional perspective from one of your (very happy) customers: I'd be ecstatic that you are going out of your way to make sure I don't have business interruptions with regards to my email, and making it known and clear you are backing up your product and actively supporting it by whatever means are available and safe to you. In fact, this served as a reminder for me to go get another MXRoute account purchased for our parent org domains to get it off gsuite and stop procrastinating.

    The legal purchase of clients is just a traditional solution which I saw being done multiple times, as one company buys another.

    Personally I am against touching data of customers without at least customers consent. One needs to have consent of customers in order to pull them into a different contract with a different legal entity. This is how honest business works. One also needs to have consent of previous provider to take away their clients (but I understand this is more of a friendship between owners, so legal lines here are quite blurry as to what is allowed and what is not).

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  • jarlandjarland Hosting ProviderOG

    I definitely respect that position and agree to disagree on some points. But to be clear, there will be the matter of consent. Each user will be contacted and offered an opportunity to provide consent, those not providing it will be given a termination date. I’m working on some automation for handling the consent, and I think it’ll all be held to a fairly high standard. I can’t promise it’ll be quite up to EU legal standards but I will satisfy a higher standard than is required by me legally in my jurisdiction.

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  • @root said: I do not know the laws of United States, but in European Union holding data and personal information for which you do not have rights to hold or acquire, is considered illegal, especially considering GDPR legislation.

    Yeah, I thought that might be where you were going. Completely non-applicable. This is Texas which is basically the inverse of anything on your continent. I mean the sun still shines and the wind still blows but that's about the end of the similarities.

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  • @skorous said:

    @root said: I do not know the laws of United States, but in European Union holding data and personal information for which you do not have rights to hold or acquire, is considered illegal, especially considering GDPR legislation.

    Yeah, I thought that might be where you were going. Completely non-applicable. This is Texas which is basically the inverse of anything on your continent. I mean the sun still shines and the wind still blows but that's about the end of the similarities.

    You forgot to add most of their own continent as well. Texas can be like no other place in the U.S.

    "I would have gotten away with it too, if it wasn't for that meddling Frankz and Mason!!"

  • @AuroraZero said:

    @skorous said:

    @root said: I do not know the laws of United States, but in European Union holding data and personal information for which you do not have rights to hold or acquire, is considered illegal, especially considering GDPR legislation.

    Yeah, I thought that might be where you were going. Completely non-applicable. This is Texas which is basically the inverse of anything on your continent. I mean the sun still shines and the wind still blows but that's about the end of the similarities.

    You forgot to add most of their own continent as well. Texas can be like no other place in the U.S.

    People ask if I've left the country and I usually respond with, "I've been to Texas." :D

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  • crunchbitscrunchbits Hosting Provider
    edited February 2023

    @root said:
    The legal purchase of clients is just a traditional solution which I saw being done multiple times, as one company buys another.

    Personally I am against touching data of customers without at least customers consent. One needs to have consent of customers in order to pull them into a different contract with a different legal entity. This is how honest business works. One also needs to have consent of previous provider to take away their clients (but I understand this is more of a friendship between owners, so legal lines here are quite blurry as to what is allowed and what is not).

    There are downfalls to an outright purchase of NB. That is why purchasing specifically the email clients (if it were even possible: it's likely not) was mentioned. There is the potential if @jarland had purchased NB outright that he would now also absorb debts and contractual obligations that are way out of scope or extremely economically untenable. This doesn't even account for the fact that he would only be interested in the MXroute reseller clients and not obligations for all the web hosting/VPS stuff.

    It's just not that simple nor is it anything to do with "honest business". Maybe it's due to text, but it comes across as somewhat accusatory towards his intentions as being dishonorable or shady when you're really not giving due process and equal consideration to all avenues practically available. An outright purchase of NB could result in unsurmountable levels of debt and legal financial obligations towards MXroute which could potentially lead to bankruptcy. Saying MXroute has to buy NB to fix this respectfully and legally is misguided at best, lethal (to MXroute) at worst.

    I don't think anyone is currently promoting the idea of just "stealing" clients or doing anything without client opt-in/consent. If they are, then I definitely disagree with that approach. Additionally, if the previous provider voids their agreement (nonpayment, for example) there is no consent needed from them to "take away their clients". That protection was lost as soon as that contract became null and void. The only thing required is for said clients to consent/opt-in/agree to continuing their same service under a new agreement directly with MXroute (or another reseller).

    Aside from the fact that people will inevitably lose money and data from this, it is kind of an interesting puzzle to work out if you're one of the providers left picking up the pieces.

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  • rootroot OG
    edited February 2023

    @crunchbits said:

    @root said:
    The legal purchase of clients is just a traditional solution which I saw being done multiple times, as one company buys another.

    Personally I am against touching data of customers without at least customers consent. One needs to have consent of customers in order to pull them into a different contract with a different legal entity. This is how honest business works. One also needs to have consent of previous provider to take away their clients (but I understand this is more of a friendship between owners, so legal lines here are quite blurry as to what is allowed and what is not).

    There are downfalls to an outright purchase of NB. That is why purchasing specifically the email clients (if it were even possible: it's likely not) was mentioned. There is the potential if @jarland had purchased NB outright that he would now also absorb debts and contractual obligations that are way out of scope or extremely economically untenable. This doesn't even account for the fact that he would only be interested in the MXroute reseller clients and not obligations for all the web hosting/VPS stuff.

    Obviously MXRoute is interested in the clients with email. So in this case MXRoute could negotiate a buy for just this section of NexusBytes business

    It's just not that simple nor is it anything to do with "honest business". Maybe it's due to text, but it comes across as somewhat accusatory towards his intentions as being dishonorable or shady when you're really not giving due process and equal consideration to all avenues practically available. An outright purchase of NB could result in unsurmountable levels of debt and legal financial obligations towards MXroute which could potentially lead to bankruptcy. Saying MXroute has to buy NB to fix this respectfully and legally is misguided at best, lethal (to MXroute) at worst.

    This is the biggest enigma. Debts, practicability, understandings and obligations - this is all between the 2 companies and their contracts. I do not know, and nobody should know, what is the contract or understanding between them at the negotiation table.

    I don't think anyone is currently promoting the idea of just "stealing" clients or doing anything without client opt-in/consent. If they are, then I definitely disagree with that approach.

    I am also in the same opinion with you. There should be no stealing of clients.

    Additionally, if the previous provider voids their agreement (nonpayment, for example) there is no consent needed from them to "take away their clients".

    There is a needed consent. The data does not belong to MXRoute. The clients do not belong to MXRoute. Most likely from the contract between MXRoute and NexusBytes, the data belongs to NexusBytes, and the responsibility towards clients belongs to NexusBytes from an MXRoute perspective. A client of NexusBytes is the client of NexusBytes, and that's it, even if the email is provided by MXRoute towards NexusBytes, and the dedicated server is provided by some datacenter to MXRoute, while the network is provided by some other company to the datacenter.

    That protection was lost as soon as that contract became null and void.

    True. But this does not entitle MXRoute to the customers or their data. If I go to a restaurant and buy a meal, then I enjoy my meal but refuse to pay, it does not mean the restaurant can take my bag and my phone for the service provided to create justice themselves. There are legal implications for such mess.

    The only thing required is for said clients to consent/opt-in/agree to continuing their same service under a new agreement directly with MXroute (or another reseller).

    This is the honest business argument. Any provider should need the consent of customers to manipulate their data or personal information.

    Aside from the fact that people will inevitably lose money and data from this, it is kind of an interesting puzzle to work out if you're one of the providers left picking up the pieces.

    True. Because I agree, I previously mentioned as one of the most effective solutions: a simple offer. Instead of dragging MXRoute into this mess of privacy, a simple public message of regrets towards NexusBytes as a respected reseller, along with an MXRoute special refugee offer for their clients should suffice. This is a practical way of being and acting kind, without getting your hands dirty into a business management which does not belong to you.

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  • @AlwaysSkint said: My primary purposes for using mxroute are to receive emails from my few clients AND to get system notifications from my servers. I average about 30 emails/day from my servers.

    I am looking at getting a purelymail.com account in the future, when my inbox.eu subscription runs out, looks like it has a lot of great features for a small price, you can bring it down to like $5-6 a year adjusting things like own domain etc.

  • @dgc1980 said: I am looking at getting a purelymail.com..
    ..our infrastructure runs on the highly reliable AWS cloud.

    Alongside a heap of other accounts, that like to try to hack/scan servers across the World. Not that Hetzner,OVH are any better. :|

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  • jarlandjarland Hosting ProviderOG
    edited February 2023

    Just a quick note on where I’ve settled for resold MXroute services from NexusBytes:

    Everyone will get an email letting them know that their services will not be altered or harmed until a date at least 1 year in the future, and given a recommendation on where and how to migrate their services.

    Basically I don’t want to take up the plans, deal with manually proving and approving all of their discounts and such, and I don’t want think I have incentives for another reseller that would make that amount of work worth it to them either. It’s really the cost to benefit ratio, and I think this is a healthy middle ground between letting users know our resellers are supported and backed by us in an emergency and just making sure everyone has ample time to get where they need to be.

    It’s less than I wanted to do but it’s more than I should be obligated to do, compromising on both ends usually seems to offer the best balance.

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  • @jarland said:
    Just a quick note on where I’ve settled for resold MXroute services from NexusBytes:

    Everyone will get an email letting them know that their services will not be altered or harmed until a date at least 1 year in the future, and given a recommendation on where and how to migrate their services.

    Basically I don’t want to take up the plans, deal with manually proving and approving all of their discounts and such, and I don’t want think I have incentives for another reseller that would make that amount of work worth it to them either. It’s really the cost to benefit ratio, and I think this is a healthy middle ground between letting users know our resellers are supported and backed by us in an emergency and just making sure everyone has ample time to get where they need to be.

    It’s less than I wanted to do but it’s more than I should be obligated to do, compromising on both ends usually seems to offer the best balance.

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  • TL;DR

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  • MannDudeMannDude Hosting Provider

    @jarland said:
    Just a quick note on where I’ve settled for resold MXroute services from NexusBytes:

    Everyone will get an email letting them know that their services will not be altered or harmed until a date at least 1 year in the future, and given a recommendation on where and how to migrate their services.

    Basically I don’t want to take up the plans, deal with manually proving and approving all of their discounts and such, and I don’t want think I have incentives for another reseller that would make that amount of work worth it to them either. It’s really the cost to benefit ratio, and I think this is a healthy middle ground between letting users know our resellers are supported and backed by us in an emergency and just making sure everyone has ample time to get where they need to be.

    It’s less than I wanted to do but it’s more than I should be obligated to do, compromising on both ends usually seems to offer the best balance.

    Reasonable and kind.

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  • dang i was a bit late noticing this thread.
    now i cant access my smallweb da panel. :'(
    luckily i still can access my ftp.

  • @milkboy said:
    dang i was a bit late noticing this thread.
    now i cant access my smallweb da panel. :'(
    luckily i still can access my ftp.

    That's a good find. Propably there are clients who don't know that.
    DA panel down doesn't mean your service is fully down.

    Filen.io - use this link to signup and we both get extra 10GB free.
    https://filen.io/r/4d472d5cdb57f6663621a251065e0b51

  • @jarland - if an active email account at SmallWeb is "disabled" on "lucy" server, what can be done?

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  • @root said:
    @jarland - if an active email account at SmallWeb is "disabled" on "lucy" server, what can be done?

    Those aren't his clients so ... talk to your reseller?

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  • @skorous said: Those aren't his clients so ... talk to your reseller?

    @seriesn help

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  • vyasvyas OGRetired

    @Jab said:

    @skorous said: Those aren't his clients so ... talk to your reseller?

    @seriesn help

    @bob help

  • jarlandjarland Hosting ProviderOG

    @root said:
    @jarland - if an active email account at SmallWeb is "disabled" on "lucy" server, what can be done?

    Is it the DA login that says disabled? If so, that goes back to an older issue. The account needs a password reset. This is ideally done through the provider's billing portal because the password reset on the DA login form is unlikely to get an email through (because it's so poorly designed and neighbors the excessive LetsEncrypt notices that I killed in a way that hits both).

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