Site Troubles!

[kikumo64]

Hi,

My site http://www.shikkaku.co.cc (which is being hosted on the Starka server) is currently have a lot trouble loading, it keeps saying internal server error or please try again later. Also I have several folders, including there sub folders and files that won't delete after I uninstalled Joomla in Softaculous. I understand that Starka was under attack from DoS attacks recently but I am still having problems. Could you please assist in any way, shape or form?

Thanks a lot,
Regards.

[kikumo64]

Hello.... anybody home??

[kikumo64]

Seriously!!! It has been about a week and no reply. HELP ME!!!! I need help from someone at X10! This is causing my site unworkable.

[stpvoice]

Hello,

Your site loaded fine for me, however the links to illegal torrents I then saw earned you a permanent suspension for violation of the Terms of Service. Your account is permanently suspended.

[kikumo64]

Hi stpvoice,

I would like to inform you that the torrents were not hosted on the x10Hosting's Starka server, which means I was not in violation with the ToS. Secondly I would like to inform you that anime fansubbing is a grey area as the links provided where to animes that are NOT Licensed outside of Japan, therefore making in that grey area, also on that note I would like to inform you that many, no nearly most of the anime producers encourage anime fansubbing as this increase the viewership of an anime considerably. Finally when I was talking about the problems, all of which mainly happened on the backend, when using the cPanel, Joomla administration panel, and various other scripts admin panels and also the non existant files in the root dictionary.

Regards,
Ki Kumo

P.S. A waiting time of approximately a week for a reply is dreadful customer service and jumps to quick allegation of illegal activity is extremely rude and disrespectful.

[Livewire]

Those torrents are not illegal, as most anime producers encourage free download of subbed anime as it increase the viewership of an anime by almost a 1000 times. This in turn increases their revenue collected in terms of sponsorships. Additionally this opens up an opportunity to dub series in other languages which can bring in additional revenues if animes become popular outside Japan and for the site, it was more trouble backend loading, e.g. non existant files in the FTP.

Also the torrents were not hosted on the x10 server, which mean that doesn't break the ToS.

A simple google search on the issue makes it quite clear. "It's always illegal, but sometimes the industry casts a blind eye to it."

Here's the problem - the industry may have casted a blind eye to it, but x10hosting takes it as a personal and direct insult when someone breaks the TOS that blatantly. Your suspension is also being tweaked to represent the copyright infringement that is occurring in the form of 3 mkv videos for download - these are ALSO violating TOS and you won't be getting unsuspended, PERIOD.


Edit: I can see you're editing your post so I've quoted it here so its clear what I'm actually replying to.


Your last comment has a flaw; look up Contributory Copyright Infringement and you'll find that intentionally linking to sources that knowingly break copyright law is just as bad as breaking them yourselves. You're also completely missing the point that I found your 1.1gb of copyright infringing anime -on- the x10hosting server itself, so fighting the torrents in this case is like trying to break the neck of the alligator chomping your right leg when there's a rampaging lion gnawing on your left. You're still permanently suspended no matter -how- you slice it.

Edit 2: Found the definition you'd want as well:

Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party.

By linking to the torrent which allows a user to download the copyright infringing file, you have materially contributed to the copyright infringement by facilitating the means. This is also why some torrent sites are actually able to be shut down - it's actually got laws against it in the US, which is where the servers are, so you -do- have to play by US law.

[Livewire]

Hi stpvoice,

I would like to inform you that the torrents were not hosted on the x10Hosting's Starka server, which means I was not in violation with the ToS. Secondly I would like to inform you that anime fansubbing is a grey area as the links provided where to animes that are NOT Licensed outside of Japan, therefore making in that grey area, also on that note I would like to inform you that many, no nearly most of the anime producers encourage anime fansubbing as this increase the viewership of an anime considerably. Finally when I was talking about the problems, all of which mainly happened on the backend, when using the cPanel, Joomla administration panel, and various other scripts admin panels and also the non existant files in the root dictionary.

Regards,
Ki Kumo

P.S. A waiting time of approximately a week for a reply is dreadful customer service and jumps to quick allegation of illegal activity is extremely rude and disrespectful.

Apologies that we were stuck waiting a week for DNS to update as that's not actually something we can control. If you would kindly read my post below yours, you'll find that we -have- all the justification required, in addition to the Berne Convention, which Japan and the US have signed:

The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way as it recognises the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created.

In short, we recognize Japanese copyright as though it was that of a US national.


Besides that, we have already re-reviewed the account and found some copyrighted anime that actually -is- hosted on starka, which is a zero tolerance permanent suspension. This is the final warning on this issue - I've provided all the legislation required that says you're breaking US Copyright Laws or other US Laws relating to copyright. You can continue to dispute this, but there isn't anything -left- to dispute.