Complaint Category: Failure to honor a contract or agreement
Complaint: This hosting company deleted 5 years worth of audio content for the podcast I created and hosted with them without warning or cause.
Our podcast, hosted through MacHighway, has been recording weekly, hour long episodes to make available to thousands of listeners throughout the world. Machighway claimed these audio files were personal backup files that didn't align with their Terms & Conditions or Acceptable Use Policy. Though repeatedly explained that the files were not in violation, MacHighway ignored this information and deleted the files in question, and over 100 files that were unrelated to their original concerns. This was done without notice or consent.
5 years of my time is completely lost due to MacHighway's purposeful, malicious business activity.
Initial Business Response
We do have records informing Mr. ***** of the specific violation and the files in question. While Mr. ***** didn't agree with our assessment, our investigation still indicated that the files were an archive of data (which, I believe Mr. ***** also indicates in his complaint to you and his emails to us) which is prohibited by our Terms of Service, under Section 8, Use of the Services:
"...Using your allotted space as an online backup, archive, storage, file exchange or mirroring service is not allowed. At all times use the file space exclusively as a conventional web site."
A copy of the notice that we sent to Mr. ***** follows: (from Monday 2nd December 2013 at 12:09)
**Please respond within 48 hours**
Regrettably, your use of the file space on our server appears to be in violation of our Terms of Service. Specifically, "8. Use of the Services" (Please refer to http://www.machighway.com/terms.php)
Using your allotted space as an online backup, archive, storage, file exchange or mirroring service is not allowed. At all times use the file space exclusively as a conventional web site."
Disallowing the use of server space for the purpose of online back up, archiving or transport is standard policy in the web hosting industry.
The content in question is located at:
Reluctantly, we will have to delete the files in question after 48 hours from the time of this notice. Please contact us if you believe we are mistaken about the purpose of the files. We understand that the data may be important and you may not have a local copy so we'll give you time to download the data if you need it (industry practice is to simply delete the files immediately). If you do need space for online backup, archive or transport there are many services available for just that purpose, such as Dropbox (http://www.dropbox.com) Mediafire (http://www.mediafire.com) RapidShare (https://rapidshare.com) Mozy (http://mozy.com/), Carbonite (http://www.carbonite.com/) and Amazon S3 (http://aws.amazon.com/s3) - Videos should be hosted through YouTube (http://www.youtube.com) or Vimeo (http://www.vimeo.com)
Please let us know if we can be of further assistance. :)
Additionally, and covered under those same terms, our service is not meant to be used as online backup. As Mr. ***** indicates in his complaint to us, to BBB, and in various online forums, he did not have a backup of the files locally, meaning that he was using the files on the server as an online backup, archive of those files.
Further to that point, in our Terms of Service, section 10. Representation and Warranties, Article ii. Your Representations and Warranty, "You represent and warrant to MacHighway.com that: ..(vii) that you will make back up copies of your data, even if you purchase "back-up" services from MacHighway.com, so that you can access and use it when needed. MacHighway.com does not warrant that it backs-up any account, user content or other data, and you agree to accept as a risk the loss of any and all of your data.;"
Mr. ***** agreed, as part of his hosting with MacHighway, that he will have backup copies of his data.
Again, we did send Mr. ***** a Terms of Service violation notice, we did discuss and justified why his files were in violation from our standpoint- noting the specific portion of the terms of service. We allowed extended deadlines so that Mr. ***** could make backups of the files and, lastly, we have email from Mr. ***** saying:
"Posted on Friday 6th December 2013 at 12:00
I'll have them deleted by about 3 or 4PM today.
Cross my heart"
Unfortunately, there's nothing further we can do. We did our best to work with Mr. ***** in resolving this. We believed that we'd come to a mutual understanding per his own response noted above. We hope that this clarifies the situation.
Complaint Resolution: Company addressed the complaint issues. The consumer failed to acknowledge acceptance to BBB.