I'm opening a legal complaint against Cherry Servers.
Due to the low amount involved I can use the EU small claims (no lawyer is needed and it's all electronic).
Instead of pursuing the hacker (I believe Valerian is doing it already), I will try to recover my money from Cherry Servers proving their negligence.
The evidence to support the thesis is about the fact that Valerian contacted them about the illegal activities running on their servers, giving enough information to identify the customer and while they didn't wanted to disclosure the customer identity (perfectly legal without a court/police mandate) they didn't reacted, neither they care to check the server, leaving it operative for several days, so leaving the criminals doing more damage (including to me).
I may have more chance to settle this due to their negligence, than try to find the "hacker", because it would cost me more money in lawyers than what they robbed.
The EU law exonerates the providers/host of the illegal activities conducted on their network/servers provided that they are unaware of it, while obliges them to react immediately as soon they became aware of the illegal conduct. The email sent by Valerian is clear evidence that they became aware of it, but not having reacted immediately, they became co-responsible of every subsequent damage. Hopefully it will make progress.
Honestly I will not investing much time in this, I mean I won't go in Lithuania to talk to them, and surely I won't spend another cent on this.
@Valerian: if you may provide to me in private the original conversation you had with Cherry Servers, it will greatly help!
Due to the low amount involved I can use the EU small claims (no lawyer is needed and it's all electronic).
Instead of pursuing the hacker (I believe Valerian is doing it already), I will try to recover my money from Cherry Servers proving their negligence.
The evidence to support the thesis is about the fact that Valerian contacted them about the illegal activities running on their servers, giving enough information to identify the customer and while they didn't wanted to disclosure the customer identity (perfectly legal without a court/police mandate) they didn't reacted, neither they care to check the server, leaving it operative for several days, so leaving the criminals doing more damage (including to me).
I may have more chance to settle this due to their negligence, than try to find the "hacker", because it would cost me more money in lawyers than what they robbed.
The EU law exonerates the providers/host of the illegal activities conducted on their network/servers provided that they are unaware of it, while obliges them to react immediately as soon they became aware of the illegal conduct. The email sent by Valerian is clear evidence that they became aware of it, but not having reacted immediately, they became co-responsible of every subsequent damage. Hopefully it will make progress.
Honestly I will not investing much time in this, I mean I won't go in Lithuania to talk to them, and surely I won't spend another cent on this.
@Valerian: if you may provide to me in private the original conversation you had with Cherry Servers, it will greatly help!