so you find a hacker who installed a shell script r57.php then you call him up

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so you find a hacker who installed a shell script r57.php then you call him up and he admits it... do you sue him? he's in kansas
 
I don't know, how is it regulated in your country and state, but is it forbidden by your TOS? Or did he break anything on your server?
 
It all depends on where you're located, where your server is located, and what kind of evidence you have that he admitted it.

For example, in California it's a crime to simply access a server without permission. So depending on your terms of service, you could have a case for the District Attorney, and jail time for the hacker.

If you want to pursue it, which may not be easy.

Jeff
 
His directory is full of nothing but shell scripts, a piped file linked to another directadmin user account created by him named anything.com, i called him up and he said, oh that was just some files I was playing around with, but then acted like he didn't know it was a shell.
 
server is in california, he's in kansas

i dont care about jail time, i wonder if he can be sued for money
 
server is in california, he's in kansas

i dont care about jail time, i wonder if he can be sued for money
Sure. You don't say where you're located. You can sue him in your jurisdiction or in his. If you sue him in your jurisdiction it will come down to the agreement you have with him and what it says about contract venue. You do have a terms of service agreement, don't you?

Ours says:
Governing Law:
You and NoBaloney Internet Services agree that this agreement is considered to have been made in the city of Riverside, in the county of Riverside, in the State of California, in the United States of America. You and NoBaloney Internet Services agree that this agreement shall be subject to, and if required, adjudicated under, and that any action brought under, arising out of, or in connection with this agreement or any breach or alleged breach thereof, shall be brought in the city of Riverside, the county of Riverside, the state of California, in the United States of America.
But of course suing isn't the same as winning, and winning isn't the same as collecting. You might want to ask the question of an attorney local to you.

Though I'm not a lawyer, I feel comfortable in writing that if you're going to sue in Small Claims Court you'd probably stand the best chance of success suing him in his local Small Claims Court, as otherwise it will be both hard and expensive to get anyone to honor the judgement and collect for you.

Jeff
 
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