BurstNet getting back into the game with SmartHost?

[Leyton]

I also neglected to throw my cheap velvet fedora in on the email spamming by Smarthost.net of former Burst.net customers.

It's a tad odd questioning why the former owner of Burst has said databases.  It's kind of expected he would have copies of such for a multitude of legal reasons.  Now whether or not his "paperwork" and various signed agreements prohibit such,  that's something we aren't privileged to know and potential ramifications for Mr. Arcus.

But, legally possessing the customer database or not, equating that to a personal rolodex is a stretch.   Building that bridge no doubt is to fend off the spam relationship.

I hate spam more than most folks.  However, I am semi realistic about sales being necessary for commercial viability and long term stability of a company.   Believe me, fine, ugly, often people griping about it -  gray line 

I think the email blast to Burst customers is poetic justice along with Smarthost showing up on the scene as Burst.net is shuttered.  I kind of grinned about that gut twisting jab at the new Burst.net owners and flippers.

In the light of the new management of BurstNET's actions, I like and partly agree with the "poetic justice" statement - and perhaps such a stab back at them is deserved.

But, even still, BurstNET as an entity made a commitment to users privacy, and no matter what what way it is spun, without a formal agreement in place, the data simply wasn't Mr Arcus' to take with him when he left the organisation - and the act of soliciting sales from the users within the database (as a third party) would be in breach of the privacy terms the information was provided under.

Granted, the privacy policy wasn't with Mr Arcus directly, and BurstNET no longer exists, but one would still highlight the fact that it wasn't his data to hold (as far as we know).

To put it another way - if someone was sending out sales emails (as no doubt someone did) to all the clients in one of the ChicagoVPS database leaks, they would be under absolute scrutiny from the entire community for a shady tactic - and if an employee of a notable provider left and then mass mailed all their clients, it would be similarly poorly received.

The notion of his personal rolodex of clients would be valid to some degree, it is natural for staff to refer customers over, who naturally follow the employee between their jobs. However, that would mean that said customer expected contact from SmartHost, and had some interest in the new company and it's services. It is clear from several users that this was not the case - rendering the rolodex idea moot.

Though, as an ex-BurstNET client myself, I am yet to receive the email in question - though perhaps Google Apps rejected it altogether from volume/reports... or, he doesn't hold a complete database backup, or was selective over who to email... or the mailing is still running.  :blink:

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All said, however - I salute reentering the industry, and wish @SmartHost the best of luck. They've got a hard enough job to break away from the BurstNET stigma as it stands without resorting to unsolicited email, and getting mixed up in questionable activities like this.

 

[Kris]

Though, as an ex-BurstNET client myself, I am yet to receive the email in question - though perhaps Google Apps rejected it altogether from volume/reports... or, he doesn't hold a complete database backup, or was selective over who to email... or the mailing is still running.  :blink:

http://bgp.he.net/ip/207.66.193.13#_rbl - Love that site. 

SORBS listed Open Spam / Proxy relay. With the amount he blasted out from that single IP, not surprised.

Took me from the night of the 23rd -> 25th to get the email, sans filtering. Check your spam or Promotions folder, as it was under the guise of a newsletter. 

Just wish he had some some tact and didn't pull a literal Shelley Levene from Glengarry Glen Ross (down to the kids card) 

Coffee's for closers. 

 

[DomainBop]

It's a tad odd questioning why the former owner of Burst has said databases.  It's kind of expected he would have copies of such for a multitude of legal reasons.

Customer databases are one of the most valuable structural capital assets any company possesses and the only person/entity I would expect to have a copy would be the current owners of the company.


There is also the whole privacy issue. Burstnet customers never gave their consent for their data to be used by the unaffiliated 3rd party entity "Smarthost LLC" (clarification on the company's legal name would be appreciated...the Delaware Secretary of State shows "Smart Host Inc", registered on May 8th)


From Burst.net's customer contract (wayback machine, March 2014)

"BurstNET® is authorized by


Client to add Client’s email addresses to BurstNET®


internal mailing lists, both service and marketing related, and de


sires to receive such contact from BurstNET®, unless notifyin


g BurstNET® otherwise, or by unsubscribing to such."

I don't see anything in that section authorizing the data to be used  for marketing purposes by ex-employees or anyone other than Burstnet Technologies.

tl;dr SmartHost shouldn't be using a copy of the Burstnet customer database for marketing purposes

 

[sv01]

btw anyone notice burst.net -> hostwinds.com well know spammer hosting

 

[QuadraNet_Adam]

Yes, BurstNET got acquired by HostWinds. A good amount of the ex-staff members are now working for HostWinds too.

 

[TekStorm - Walter]

Yeah, alot of individuals and companys were affected from what BurstNET did, i am betting it will takes years and maybe even a few more year before anyone forgets that!

 

[drmike]

btw anyone notice burst.net -> hostwinds.com well know spammer hosting

Hostwinds was racking up network bad behavior around the early part of the Burst customer take over / buyout / whatever cooking of the books when no one was looking did.

I should probably officially add and park Hostwinds on my radar.  I hadn't because I expected all customers by then to run like hell from anything Burst and related.