We moved our GPSINFORMATION.NET website from APLUS.NET several years ago because they "shut off our website" without notice and we were fully paid and operating under their capacity limits (See 2002 writeup below). Our gpsinformation.org website remained as it was fairly low traffic at the time and APLUS.NET management said they would not do anything like that again.Now came April 19, 2007. I started getting a flood of email from people telling me that the gpsinformation.org website was "down". Sure enough it was. The package we bought included the following:
|Storage: 170 GB 1|
||Monthly Transfer: 2000 GB 1|
We have been using APLUS.NET for webhosting on our gpsinformation.net and gpsinformation.org websites now for several years. We picked WebSolo webhosting (APLUS.NET) because they offered 500megs of webspace, unlimited hits and unlimited traffic for a very reasonable price. Generally, the service has been excellent and our site has been reliable and quick loading.
On or about October 1, 2002, I received a phone call from Mr. Eddie Ledesma of APLUS.NET stating that our "gpsinformation.net" website had exceeded our "allocation" of 16 Gigabytes per Month. As a result, Mr. Ledesma stated that my option was to start paying double my present rate for a "Master" account. I first told Mr. Ledesma to go ahead because I did not want the GPS Information.net website "turned off" before I could make other arrangements. I then researched my records and the WEBSOLO (APLUS.net) site and found that indeed the original offering for which I prepaid a year in advance was for 500megs of webspace with unlimited hits and bandwidth. I then wrote Mr. Eddie Ledesma of APLUS.net the email below contesting the suggestion that I was "over my bandwidth allocation".
I received the email below from Mr. Ledesma. When I telephoned Mr. Ledesma to get an explanation of my "transgression" with reference to the Acceptable Use Policy statement, Mr. Ledesma stated essentially that "It is deemed by APLUS.NET to be 'detrimental to our client base' if one of our clients uses more bandwidth than 16 Gigabytes per month of traffic capacity". Needless to say, I quickly moved my service for the "offending" high traffic website to another webhost. Incidentally, the webhost I chose offers more services (such as MYSql and PHP and full user control of DNS parameters) and features than APLUS.net and at a slightly lower price. In the end, APLUS.net did us a favor because otherwise we would have likely stayed with them for years paying the higher price.
I think it is highly irregular and unethical for APLUS.NET to offer (and enter into a prepaid long term contract for) UNLIMITED bandwidth and then declare a customer "unwelcome" when the usage goes above 16GBytes per month prior to the end of the contract period. I daresay that the below bold print was not originally intended to include "use of excessive bandwidth" as "activity detrimental to our client base". But I do respect their right to refuse service to anyone. And we (in the end) got a better deal at http://www.infinology.com than we had in the first place. I must add. I think $10 is a good price even for 16GBytes per month. What I object to is APlus.net SELLING "unlimited bandwidth" and then using a thinly disguised pretext to justify raising prices in mid contract.
If a webhosting vendor enters into a ONE YEAR CONTRACT with a customer for a webhosting service including "unlimited traffic" I think it is poor judgment to come back before the contract is up for renewal and make demands for more money because website traffic exceeds some newly imposed limit. A contract is a binding agreement and if a vendor does not intend to provide "unlimited traffic" for the term of the contract, he should not use the term in his advertising. Such actions cause bad customer relations and ultimately can lead to a loss of market share.
PS: When I asked that aPlus.net give me a refund for the unused 2.5 months of service on gpsinformation.net, they said "no". When I asked for the credit to be transferred to my gpsinformation.ORG website to extend it for 2.5 months, they said "no". See their email about this HERE. Seems to be all pretty one sided at APlus.net.
Subject: www.gpsinformation.net and www.gpsinformation.org
Date: Tue, 1 Oct 2002 11:44:09 -0700
From: "Eddie Ledesma" <email@example.com>
I am sorry that you are confused about the need up grade if you read the paragraph down below which can be found it the accepalbe Use policy. I know you may have more questions and you can contact me and I will be glad to go over them with you. Thank you and have a good day.
Acceptable Use Policy
Aplus.net and its affiliates provide to business and consumer users several information technology related services, including such services as Internet access, various electronic mail (email) packages and services, World Wide Web hosting arrangements, server colocation and other online and Internet-related services.
Aplus.net reserves the right to refuse service to any individual, company or corporation. In addition, we reserve the right to suspend or terminate service to a client whose activities may be deemed detrimental to our client base. As a courtesy, we will always attempt to contact our clients to determine if other Aplus.net plans may better suit their needs. (Note from Joe: This text was bold and large type in the original email from Mr. Ledesma.)
It is contrary to Aplus.net policy for any user of any of these
to effect or participate in any of the following activities through an
Aplus.net- provided service:
To post ten (10) or more messages similar in content to Usenet or
newsgroups, forums, email mailing lists or other similar groups or
To post to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
To send unsolicited emailings to more than twenty-five (25) email users, if such unsolicited emailings could reasonably be expected to provoke complaints;
To falsify user information provided to Aplus.net or to other users of the service in connection with use of an Aplus.net service; and
To engage in any of the foregoing activities by using the service of another provider, but channeling such activities through an Aplus.Net account, re-mailer, or otherwise through an Aplus.net service or using an Aplus.net account as a mail-drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect an Aplus.net service.
To use Aplus.net services for illegal activities and activities harmful to others computers, data, software or networks including but not limited to hacker activities, virus creation and distribution, denial of services attacks, email bombs etc.
To use Aplus.net services to post the following on the Internet
7.1. Copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, copyrighted images; copyrighted texts etc.
7.2. Displaying material that exploits children under 18 years of age;
7.3. Displaying material containing nudity or pornographic material of any kind
7.4. Providing material that is offensive to the online community, including but not limited to profanity, bigotry, prejudice, racism, hatred, etc.
7.5. Promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;
7.6. Defaming any person or group;
7.7. Promoting or soliciting for participation in multilevel marketing or pyramid schemes.
7.8. Gathering personally identifiable information for unlawful
Furthermore it is contrary to Aplus.net's policy to send unsolicited emails to the Aplus.net provided addresses of Aplus.net customers, unless the sender has a bussiness or personal relationship to these Aplus.net customers. This rule applies regardless of whether the sender is Aplus.net customer, or has used an Aplus.net account to send these emails.
Aplus.net considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Aplus.net's terms and conditions of service. Engaging in one or more of these practices will result in termination of the offender's account and/or access to Aplus.net services. Aplus.Net reserves the right to redirect the homepage of any customer who uses their Aplus.Net service to send SPAM to an anti-SPAM page, until the offender stops sending unsolicited email, cancels their account or has their account terminated by Aplus.Net.
In addition, Aplus.net reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
In addition to these activities, Aplus.net's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Aplus.net will respond as appropriate to these other activities as well.
Aplus.net is located in California and most of its equipment (including equipment used to provide mail services) is located in California as well. This is a policy on unsolicited mail advertising, among other things. At the time of writing this text California law requires adherence to such a policy in certain circumstances. California law also provides for liquidated damages, in the event that such policy is not complied with. These damages start at $25,000 per day.
Nothing contained in this policy shall be construed to limit Aplus.net's actions or remedies in any way with respect to any of the foregoing activities, and Aplus.net reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Aplus.net service, and levying cancellation charges to cover Aplus.net's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Aplus.net reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
If you have any questions regarding this Policy, please contact
> -----Original Message-----
> From: Joe Mehaffey [mailto:firstname.lastname@example.org]
> Sent: Friday, September 27, 2002 5:07 PM
> To: email@example.com
> Subject: www.gpsinformation.net and www.gpsinformation.org
> To: Eddie and Sales Dept.
> I admit that I am confused by Eddie's (Aplus rep phoned) statement that
> I must upgrade to the $19.95 service from the Solo II $9.95 account
> because I sometimes exceed 16GB per month on <gpsinformation.net>.
> Please help me here.
> 1) I have reviewed carefully the wording of the WebSolo hosting
> agreement (see below) and find that it offers "unlimited bandwidth" and
> mentions nothing about any 16GB limit or other bandwidth limitation.
> 2) Can you please point me to the paragraph that would cause me to have
> to upgrade to the more expensive service? As far as I can tell, I am
> in full compliance with our contract and I am not able to read anything
> in our contract for Solo II service which would cause me to have to
> upgrade my public service website to the more expensive service..
> 3) I am currently fully paid up on our existing contracts.
> Please advise.
> Joe Mehaffey
> Got a Question about GPS technology? Looking for a GPS FAQ site?
> See: http://gpsinformation.net
> WebSolo Service Agreement (Aplus.net) as of the time of our notice from Aplus.net that we were exceeding our "allocation" of bandwidth. I see NO REFERENCE to limiting bandwidth in the following document. > Joe Mehaffey
> 1.Parties. This agreement is between Aplus.Net (PROVIDER) and the party
> as specified in the on-line application
> 2.SOLOTM web hosting only. This agreement covers SOLOTM web hosting
> services only. SOLOTM web services consist of SOLOTM, SOLO IITM, SOLO IIITM, SOLO
> IVTM and SOLO VTM plans. Other Internet services by the same PROVIDER are available at www.abac.com and
> are subject to another agreement.
> 3.Space usage. PROVIDER will allow for a maximum of 500MB of web space
> to be used by the CLIENT as long as the use is in compliance with the policies set
> 4.Bandwidth usage. PROVIDER will not restrict the bandwidth used by the
> CLIENT as long as the use is in compliance with the policies set below.
> 5.Policies. CLIENT agrees to comply strictly with PROVIDERS "Acceptable
> use policy" http://www.aplus.net/use.html and "Copyright infringement policy".
> http://www.aplus.net/cip.html. CLIENT understands that the services are
> subject to immediate termination without compensation
> for non-compliance with the policies. Further, CLIENT will be
> responsible for the full amount of any tangible and
> intangible damages this may cause. PROVIDER reserves the right to change
> the policies from time to time to reflect the dynamic nature of the Internet.
> Both policies are available on-line any time or as a hard copy by request only.
> 6.Account sharing. Account sharing is not allowed. PROVIDER will terminate
> immediately and without compensation accounts, which share the web space with
> others or subdivide and resell the web space. Subdivision of the web space into
> two or more web sites is not allowed even if the owner is the same.
> 7.Excluded Services. Provider will not provide services and will terminate
> existing services immediately without compensation if the CLIENT's web site is
> involved in any of the following: adult sites, copyrights violation, pirated
> software (warez), pirated music and web sites, whose primary business is web advertisement.
> 8.On-line subscription. CLIENT makes an on-line, paperless subscription for the services. CLIENT acknowledges
> that all the information he/she submits on-line is true and correct to the best of his/her knowledge. CLIENT agrees that
> the act of submitting his subscription form on-line is equivalent to his/her signature. PROVIDER will bill according
> to the billing period unless a cancellation in writing is received.
> 9.Price change. PROVIDER has the right to
> change the price of the services to reflect a change in the cost of the service, or other reasons. In case of
> price change, PROVIDER will send a 30 day advanced notice by e-mail only.
> 10.Start of services. Services will typically
> start on the same business day on PROVIDER's site. Domain registration may take longer.
> 11.Quality of Services. Although the PROVIDER will make the best efforts to provide quality and uninterrupted services
> this is not guaranteed. PROVIDER will not be responsible for any damages a service interruption may cause to the Client.
> Further PROVIDER will not censor any content on INTERNET. It will be CLIENT's responsibility for the usage of
> his account and any consequences of this usage.
> 12.Fees. CLIENT agrees to pay for the services setup fee, monthly fee, heavy traffic fee (if any) and
> excessive space fee (if any). The setup fee and first month fee is due upon the signature of this agreement.
> PROVIDER will notify CLIENT in advance if any heavy traffic fee and/or excessive space fee are due.
> 13.Domain name registration. PROVIDER will submit an application for the domain name selected by the CLIENT to
> registration authority (RA). CLIENT will be listed as billing and administrative contact in this application.
> PROVIDER has no other responsibilities related to the domain name registration process. CLIENT agrees to pay all fees
> related to the registration and support of this domain name directly to RA. CLIENT understands that non-payment of said
> fees may result in non-visibility of his web site and/or losing the selected name. If Aplus.Net has paid for the
> registration of CLIENT's domain name and CLIENT cancels his web hosting plan CLIENT will be charged for the domain name
> 14.Termination of Services. PROVIDER reserves the right to refuse services to anyone and to terminate existing services
> with 14 days advance notice for any or no reason; and without advance notice if the CLIENT violates the clauses of
> this agreement. CLIENT has the right to terminate the services at any time with a written notice sent by mail to
> 10350 Barnes Canyon Rd, San Diego, CA 92121, or by e-mail to firstname.lastname@example.org . Both parties agree that there will be
> no monetary compensation for terminated services regardless of the reason. No refunds. No pro-rate.
> 15.Automatic account upgrade. PROVIDER may upgrade without notice all "solo" , "solo II" and "solo III" accounts,
> which do not comply with p.8 and p.13 above to non-discounted full services plans as follows: "solo" - to "Freshman";
> "solo II" to "Junior" and "solo III" to a combination of "Unlimited dial-in" and "Junior".
> 16.Payments. CLIENT agrees his that credit card to be charged as specified above. CLIENT agrees to provide updated
> credit card information on-line as may requested in case his/her card is being declined. CLIENT understands
> that non-payment will result in automatic "hold" on his/her account. During the hold period the web site will not
> be accessible. The account will be "reactivated" after payment in full is received.
> 17.Late Payment. CLIENT agrees to pay a one time penalty of 6% of the amount due plus $10 per month for delayed
> 18.Lawful use of INTERNET. CLIENT agrees to use INTERNET in accordance with the law and with the ethical rules
> established or to be set up in the future.
> 19.No solicitation. CLIENT agrees not to approach PROVIDER's employees with proposals to hire them as his own
> employees or contractors. If CLIENT were to hire any of REGISTRAR's employees, CLIENT agrees to pay PROVIDER
> for each employee thus hired the greater amount of: three years salary for that employee as CLIENT is to pay such
> employee, or $200 000.
> 20.LIMITED LIABILITY. PROVIDER shall not be liable under any circumstances for any special, consequential,
> incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not
> limited to damages for lost profits, loss
> of use, lost data, phone bills, communication lines bills, loss of
> privacy, damages
> to third party even if PROVIDER has been
> advised of the possibility of such damages. The foregoing limitation of
> liability shall apply whether any claims
> based upon principles of contract, warranty, negligence or other tort,
> breach of
> any statutory duty, principles of
> indemnity or contribution, the failure of any limited or exclusive
> remedy to achieve its
> essential purpose or otherwise. Further,
> PROVIDER will not censor any content on the INTERNET. It will be
> responsibility for the usage of his
> account and any consequences of this usage.
> 21.Indemnification. CLIENT shall indemnify,
> defend by counsel reasonably accepted by PROVIDER, protect and hold
> PROVIDER harmless from and against any and
> all claims, liabilities, losses, costs, damages, expenses, including
> consultants' and attorneys' fees and court
> costs, demands, causes of action, or judgments directly or indirectly
> arising out
> of or related to the web hosting and other
> services provided by PROVIDER to the CLIENT.
> 22.Security and Integrity of Information.
> Although PROVIDER implements the latest technology for information
> protection there is no guarantee that the
> information on Internet is absolutely secured or never may be destroyed.
> CLIENT agrees to keep the PROVIDER
> harmless in case of loss of information or loss of privacy.
> 23.Entire Agreement. This Agreement
> constitutes the entire understanding and contract between the parties
> supersedes any and all prior and
> contemporaneous, oral or written representations, communications,
> understandings and
> agreements between the parties with
> respect to the subject matter hereof, all of which representations,
> understandings and agreements are hereby
> canceled to the extent they are not specifically merged herein. The
> acknowledge and agree that neither of the
> parties is entering into this Agreement on the basis of any
> representations or
> promises not expressly contained herein.
> 24.Modification. This Agreement shall not be
> modified, amended, canceled or in any way altered, nor may it be
> by custom and usage of trade or course of
> dealing, except by an instrument in writing and signed by both of the
> 25.Waiver. Performance of any obligation
> required of a party thereunder may be waived only by a written waiver
> signed by
> the other party, which waiver shall be
> effective only with respect to the specific obligation described
> therein. The waiver
> by either party hereto of a breach of any
> provision of this Agreement by the other shall not operate or be
> construed as a
> waiver of any subsequent breach of the
> same provision or any other provision of this Agreement.
> 26.Severability. If any provision of this
> Agreement shall be unlawful, void, or for any reason, unenforceable, it
> shall be
> deemed severable from, and shall in no way
> affect the validity or enforceability of, the remaining provisions of
> Agreement, which shall remain valid and
> enforceable according to its terms.
> 27.Governing Law. This Agreement was entered
> into in the State of California and its validity, construction,
> interpretation and legal effect shall be
> governed by the laws and judicial decisions of the State of California
> applicable to
> contracts entered into and performed
> entirely within the State of California.
> 28.Authority to Execute. Each of the parties
> to this Agreement represents and warrants that it has full power to
> enter into
> this Agreement and that it hasn't
> assigned, encumbered, or in any manner transferred all or any portion of
> the claims
> covered by this Agreement.
> 29.Benefit of Successors and Assigns. This
> Agreement shall be binding upon and inure to the benefit of each of the
> parties hereto, and except as otherwise
> provided herein, their respective legal successors and permitted
> 30.Cumulative Remedies. Except as
> specifically provided herein, no remedy made available to either party
> hereunder is
> intended to be exclusive of any other
> remedy provided hereunder or available at law or in equity.
> 31.No Partnership or Agency. Nothing in this
> Agreement shall be construed as creating a joint venture, partnership,
> agency, employment relationship, franchise
> relationship or taxable entity between the parties, nor shall either
> have the right, power or authority to
> create any obligations or duty, express or implied, on behalf of the
> other party
> hereto, it being understood that the
> parties are independent contractors vis-à-vis one another.
> 32.No Third Party Beneficiaries. Nothing
> contained in this Agreement, express or implied, shall be deemed to
> confer any
> rights or remedies upon, nor obligate any
> of the parties hereto, to any person or entity other than such parties,
> unless so
> stated to the contrary.
> 33.Excused Performances. Provider shall not
> be deemed to be in default of or to have breached any provision of this
> Agreement as a result of any delay,
> failure in performance or interruption of the Services, resulting
> directly or indirectly
> from acts of God, acts of civil or
> military authority, civil disturbance, war, strikes or other labor
> disputes and
> disturbances, fire, transportation
> contingencies, shortages of facilities, fuel, energy, labor or
> materials, or laws,
> regulations, acts or order of any
> government agency or official thereof, other catastrophes, or any other
> beyond Provider's reasonable control. In
> the event of any such delay or failure, performance of the Services
> shall be
> deferred to a date and time mutually
> agreeable by the parties.
> 34.Counterparts. This Agreement may be
> executed in one or more counterparts, each of which shall be deemed an
> original, but all of which together shall
> constitute one and the same instrument.
> 35.Captions. The section headings and
> captions contained herein are for reference purposes and convenience
> only and
> shall not in any way affect the meaning or
> interpretation of this Agreement.
> 36.Gender. Where the context so requires, the
> masculine gender shall include the feminine or neuter, and the singular
> include the plural and the plural the
> 37.Recitals. The recitals above set forth are
> incorporated herein by reference.
> 38.Arbitration. Any dispute arising under
> this agreement shall be resolved by binding arbitration in the city of
> San Diego,
> California and under the rules of the
> American Arbitration Association.
> Last revised - 10/16/2000
Subject: Re: 1301443311> I have cancelled gpsinformation.NET per your ultimatum
Date: Tue, 8 Oct 2002 09:22:04 -0700
From: "Eddie Ledesma" <email@example.com>
To: "Joe Mehaffey" <firstname.lastname@example.org>
References: 1 , 2 , 3
On a refund of the unused part of the other plan, the plan was for 1 year
and can not be transferred to other accounts. You may have to talk to
billing department on this. Thank you and have a good day.
----- Original Message -----
From: "Joe Mehaffey" <email@example.com>
To: "Eddie Ledesma" <firstname.lastname@example.org>
Sent: Monday, October 07, 2002 5:06 PM
Subject: Re: 1301443311> I have cancelled gpsinformation.NET per your ultimatum
> Hi Eddie,
> I don't think it is to my advantage to move down to a plan with 200megs
> of space. I may need more than that before the year is up.
> My new webspace on infinology.com (plan SU1000 Elite) give me 9
> Gigabytes of storage, 50GB per month of traffic and up to 5 million
> hits a month for $6.95 per month. This was not the least expensive deal
> I found, but they had a nice feature mix (including MySql) and great
> statistics. This also gives me complete control of DNS settings and
> allows me to direct email sent to *@gpsinformation.net to my own mail
> server. I have also directed traffic sent to http://gpsinformation.net
> to http://www.gpsinformation.net. All at no extra cost.
> I think the best thing for me to do is just stay where I am with
> aPlus.net on Solo II until you guys tell me I am over your "unlimited"
> traffic limit and then move. (By the way, is there any way for me to
> SEE the traffic level on aPlus.net? Every time I have looked at my
> webtraffic on aPlus.net, it has been ZERO.)
> Would you guys like to just extend my www.gpsinformation.org
> subscription for 2.5 months with the refund for my unused portion of
> www.gpsinformation.net subscription?
> Joe Mehaffey
> Eddie Ledesma wrote:
> > Dear Sir,
> > I think the best way to handle this is to movie you to the new plans
> > they are like the solo plans were when you first started. The only
> > with them is the amount of web space is less than the plan you have now
> > you get more features. Please let me know if you wish to do this and
> > you for your support of our solo hosting plans.
> > Sincerely
> > Eddie Ledesma
> > 877-275-8763 ext.6936
> > ----- Original Message -----
> > From: "Joe Mehaffey" <email@example.com>
> > To: <firstname.lastname@example.org>; "Eddie Ledesma" <email@example.com>
> > Sent: Sunday, October 06, 2002 8:28 PM
> > Subject: 1301443311> I have cancelled gpsinformation.NET per your
> > > Hi Mike and Eddie
> > >
> > > I have written both of you the following question (About Wednesday Oct.
> > > 2) but got no response. Please.. We have had a good business
> > > relationship until your rules change. I have fully cooperated with you
> > > and quickly removed www.gpsinformation.net from your site so as to
> > > reduce your traffic load. Please answer the following questions so we
> > > can terminate (or continue) our relationship on a businesslike basis.
> > > Thanks
> > > Joe Mehaffey
> > > ==================================================================
> > > What about www.gpsinformation.ORG? The traffic on this site is going to
> > > build rapidly and if you want to get rid of this site as well, this
> > > would be an ideal time since I just paid one year renewal in advance.
> > > If I cancel now, you can refund my new payment and we will not have a
> > > repeat of the present situation in the months to come. It is your call.
> > >
> > > Also: Will you send me a refund check or credit my credit card for the
> > > unused balance of my prepaid year on gpsinformation.NET?
> > >
> > > Your service has been quality and uneventful until now. I appreciate
> > > the quality of your webhosting and your excellent technical support.
> > >
> > > Joe Mehaffey