Terrible support - Serious Questions

[RavenLife]

So up untill 3 hours ago i felt Hostgator and excellent host - that is untill i happend to have a serious question - that challenged there TOS

please note
i do not want to do anyting illegal
i do not want to host a torrent tracker, client, or application
please also note that i am not aggresive in my conversation (something i cant say about HostGator

here is my first chat with a HG staff member

Chat InformationPlease wait for a HostGator operator to respond.
Chat InformationWelcome to HostGator Live Chat! You are now chatting with 'DavidS'
DavidS: Welcome to HostGator Live Chat, how may I assist you?
RavenLife: Hey david
RavenLife: just a quick one for you
DavidS: Hello, and a fine day to you.
DavidS: Yes?
RavenLife: as a long time user - i just wanted to make sure i could do this without disrupting my service
DavidS: ]Ok
RavenLife: i want to host a forums for PS3 and PSP devs - that create there own software
RavenLife: due to speed issues with multiple downloads
RavenLife: it will be okay if we link with torrents yes?
DavidS: One moment please.
RavenLife: thanks david
RavenLife: nothing illegal i assure you
DavidS: That would be against the Terms of Service.
RavenLife: why is that if i may ask?
RavenLife: the only thing i can see is this e) Run any bit torrent application, tracker, or client.
DavidS: Please read the Terms of Services
RavenLife: i wont be doing this
RavenLife: i will be purely linking to a tracker - sort of like google
DavidS: No Sir running Bit torrents and Clients and Trakkers are against our TTOSD
DavidS: TOS
DavidS: We don't allow linking to torrents of any kind period
RavenLife: I wont be doing that though - should i submit a support ticket
RavenLife: thats not in the TOS
DavidS: No becuase they will tell you the same thing we do not support Torrents, Linking to torrents, Warez, or trakkers for torrents any shape or form
RavenLife: so - in theory - that should be in your terms of service
RavenLife: which it isnt
DavidS: Okay then I will make sure it gets in there
RavenLife: it merely says i cannot run a application takker or client - which i am not
DavidS: Please quit nit picking me We do not support these items previously mentioned
RavenLife: i shall email a support replesentitive - rather than yourself - as i feel - i will not be vialating the terms and conditions
RavenLife: but you say i am
RavenLife: i would like that in writing before i continue
DavidS: well you can do that however this is not DavidS this is a manager you are talking to My name Is Michael Cooper
RavenLife: plus the fact that if that were in the terms and conditions it would violate teh free speach act - and who can run a forum without free speach
RavenLife: well hello michael cooper
DavidS: Okay sir I am going to suspend your accoutn
DavidS: if you continue to try and nit pick this we do not support what you are wanting to do
RavenLife: Okay - i dont appreciate your aggresion
RavenLife: i am merely asking a question - and as your terms of service dont say i cannot do something i dont see why i cannot
DavidS: Well that's fine but we are very strict on our policies on illegal content
RavenLife: and if you were following what i said you would find i said that no illegal activity would be involved
RavenLife: torrents are not illegal
DavidS: We Do not Support torrents period
RavenLife: Okay - i think i will email your complaints department - im fine with following your TOS - which is why i asked
RavenLife: i am not fine with your responses
RavenLife: nor your threatens to cancel my account
DavidS: It is company policy that we do not allow these on our servers they are to resource intensive
RavenLife: they wouldnt touch your resources - damn you know so little
DavidS: Well I understand but I have made HostGator's Position very clear and I woant you to understand that you are pushing it a little here
RavenLife: thank you david - for you time - you have been most helpful
DavidS: I have stated several times we do not support torrents and that is the final thing I have to say on this

and heres a subsequent email i sent to them

Dear Sir / Madam

I would like to make an official complaint about one of your support staff, who not only answered my legitimate and legal question incorrectly – but when I pointed out that fact – threatened to cancel my account.

You will see from the files attached that my question was put clearly and stated that no illegal activity would be conducted, nor would it be a drain on HostGators resources, please also not that no Torrent Tracker, Application or Client would be run on my part – OR – HostGators servers

I would like a speedy response to this email, if possible – as I feel I have been treated unjustly – and feel that my time with HostGator has been tainted by this conversation.

I am seriously considering moving my account.

Thank You

Raven Life

and here is there reply

Hello,

I am the one who spoke with you in the chat, I am stating this again like 4 other of my co-workers have done with you also. Our company policy is that we do not allow nor do we support linking to torrents, or trakkers for torrents at all. If you feel the need to move to a new host we will understand your position and respect that.

If you need any further assistance please let us know.

Thanks,
Michael Cooper
Hostgator.com
Systems Administrator

please note as i have stated i have only spoken with one person

heres my reply

thank you michael for you response

although i am not sure who the 3 other ppl are i have reportedly spoken to -
but i thank you for the reponse anyway

I am going to move my service - not because of the inflexibility of your TOS
(not to mention the inaccuracy of them) but because of the very poor
customer support you ppl have - i expect with any company that a abuse
report would go to another person that the one the abuse report is about

obviously i was misguided in my thinking, when i believed Hostgator was a
professional service, and that my custom would be appreciated

i thank you for your time
and untill now
you good service

thank you raven Life

and heres theres

To cancel your account please fill out http://www.hostgator.com/cancel.php - You will receive an email back stating you were cancelled at such time. If you don't get this email back within 24 hours we didn't receive your cancellation request and you will be held responsible for any charges as a result.

Regards,
Sanjin S.
Systems Administrator
HostGator Abuse Team

Ticket Details
===================
Ticket ID: IDL-758215
Department: Abuse
Status: On Hold

terrible service

[GatorJess]

Hi RavenLife,

I apologize if you feel you've received poor service.

Generally, we don't allow Torrents to be hosted or linked to on our shared servers due to the issue that torrents are used widely for downloading illegal files (pirated files and warez). It is better to simply not allow them, rather than try to make exceptions and run into the issue of illegal file transfers leading to account suspensions and terminations. Here is the section of our Terms of Service which states this (I believe you have most likely already been presented with this at some point.)

7.) Resource Usage
User may not:
e) Run any bit torrent application, tracker, or client.

We also do not allow file-sharing or peer-to-peer activities, so this brings up another issue in the way of sharing even open-source software on the servers.

If you are still with Hostgator, could I request your domain name?

1. Do you have an example of the program/setup you were looking to use so the software being developed could be downloaded/transferred?

2. Were you only looking to set up links to the software downloads and the downloadable files themselves would be hosted on other servers?

3. Finally, is the software being developed legal open-source software which you and the users can provide proof of ownership, copyright, and/or right to distribute?

Thank you for your time,

Jess
HG Chat Tech

[GatorBrent]

This is one of the few justified negative threads! Our tos was very unclear on linking to a torrent, and most of our staff misinterupted incorrectly.

I have sent out a news email, and will be having the tos updated shortly.

We allow torrents to be linked to as long as it is legal what is being linked to. We will continue to not allow the hosting, but there are no issues with linking.

I am extremely sorry for this mixup and will offer you 6 months of free hosting for this huge mistake. emailing you now...