Hi all,

I noticed the web site of efreeservers is down. Does any body know how can I contact them?

They stopped our server eariler without notice, you can see my previous post at :

http://www.webhostingtalk.com/showthread.php?s=&threadid=55534

This issue should be over. But they are still charging us. I email them but no reply. As they said, everything has stopped, but they are stilll charging us. I don't know whether they will continous to charge us.

We will chargeback this fee and might take legal action if needed.

Sorry to hear about your problem. Check out http://web.archive.org/web/20010801150504/www.efreeservers.com/contact.htm It may help. Have you tried calling the new company?

Maxbear,

Your assertion that we still charge you is incorrect and slanderous. An email was sent to you last month with information regarding a refund for the unused date due to the server problem. Your account has since been cancelled and all credit card information have been deleted from our accounting database.

If you insist that your card was charged after the aformentioned issue was resolved last month, just send an email with a scan copy of your credit card statement showing this so called charges directly to adam@sagonet.com. Also, both the EFS and Sago email database show no record of your email since July 14, 2002.

As for the server being stopped without notice, your claim is absurd and a complete lie. Our technician spent several hours trying to fix the problem without success. We then immediately informed you of the problem and offer a refund for the remind of the month.

Finally, we welcome your threat of (meritless) legal action. In fact, we can't wait to file our own lawsuit again you for your continuous slanderous remark. BTW -- If you think that your Hong Kong residence status will protect you from our lawsuit once you enter the United States, you better get a new lawyer.

I would be very happy to see your reply. I already email the proof to adam@sagonet.com. Please let me know if your EMAIL DATABASE don't have my record again.

Actually, I don't really want to go details again of our issue becasue our business has been over and we don't really want to deal with your company anymore because of the past experiences. But it seems that what you said is something different from our records. And I don't want people think that I always like to DOS a company. So I would like to clarify something.

First, I don't put "slanderous remark" on your company. You can see the previous thread above, I only post once and I didn't add any comment anymore after that. I just let people to know the fact and I am telling all the truth.

Second, you didn't let me know the server was down. I didn't receive any notice my server was down(as I said in the prevous thread above, I email your support not your support email me). When I found my server was down, I email your support and they said they will look at it and see what's going wrong. But after a few hours later, my IP was up but it was not my server anymore. You didn't even email me my IP was use by another server until I email you a few days later.

Third, you said you didn't receive any email from me after 14/6. But it's not truth again. I sent 2 emails to you on 16/6 and 4 emails on 17/6. This is the the record in my outlook express(I don't use email database). I also receive 5 reply from you on 17/6. I am sorry to hear you didn't receive my email after 14/6. May be some problem with your EMAIL DATABASE again.

Once again, I really don't want to go details on this issue anymore and I don't even want to mention your company name on this thread anymore. I just want you to check why there is unknow charge on 11/6. Thanks.

Your assertion that we still charge you is incorrect and slanderous. Um, you may want to talk to a lawyer and get the right definition for slander and it's proper use.

Rackmy,

We have consulted with our counsel about this matter and they have verified the legal standing of our claims. According to Webster's dictionary, slander is "a false and malicious statement or report about someone" and libel is "a false publication, as in writing, print, signs, or pictures, that damages a person's reputation". We have a copy of all material posted by maxbear and yourself on this board and our lawyer will be delighted to present them to you at deposition and trial.

BTW -- make sure you win because our lawyer's fee is $500 per hour and we will aggressively pursue all legal proceeding to recover this fee from you or any other people interested in suing EFS. Remember, the only defense to a slander / libel suit is the truth and what we've seen so far by your postings on WHT make it too easy for our legal team.

E.FreeServers,

While what you say may be true (ie. I am not taking sides) you seem to enjoy the stereotypical threat of legal action.

In addition, making snidey remarks like "BTW -- make sure you win because our lawyer's fee is $500 " is not only inappropriate but the height of childishness.

The end result (regardless of truth in the original thread) is that you seem to be on the attack and displaying a total lack in customer support.

Grow up.

Stuart

Stuart,

You will noticed from your search of our postings that we have never resorted to using threat of legal action (not even against our most difficult customers). That's because our most successful customers are also the most intelligent as they recognize the importance of a diplomatic approach to resolving disagreement instead of posting outrageous lies about EFS on board such as this one. Some people, however, incorrectly assume our silence on their slanderous remarks as acceptance of the fact. In business, a person or company's reputation is the most important asset and we will use all necessary channels to defend our name.

As for the reference of our attorney's fee, it's simply a friendly (and free) reminder that most people don't think about when they threatened to sue. In the service agreeement with our customers, they acknowledge and accept the following clause --

"Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels."

Say whatever you want about EFS, but make sure it's the truth. That's why it so amusing to see Rackmy and his associates posting assumptions about other companies on WHT. EFS has never and will never post similar message about his company or any of our competitors because 1) it might expose EFS to similar slander / libelous complaint and 2) many of these companies will not be around next year so there is no use to engage in their pandering remarks.

Speaking of customer support, revenues and customer base grew 175% sequentially each month for the past year so your assumption that we are neglience in taking care of our customers is also incorrect. We have also been able to keep 99% of all customers after the migration to Tampa.

E.FreeServers,

No offense, but the response in this thread (by yourself) looks a lot more damaging to your reputation then the original thread does. Someone stating they've still been charged after they've cancelled the service is a frequent mistake made by companies as people aren't perfect, and make mistakes, yet the first thing you do is call the user a liar and threaten to sue him.

Thats just my impression of the matter, but i'm sure it wouldn't look to great to anyone searchign the forum about to sign up to you guys to find that (from whats apparent in this thread, obviously none of us have other information regarding this) the first thing you do when a customer says something is tell him he's a liar and you're going to open a lawsuit against him.

I dont know, maybe that is a winning tactic i just never thought of, but i know it certainly wouldn't win anyone i can think of over.

EFS,

Your reply to a customer complaint is totally unprofessional. You would've avoided this whole mess if you just settled the matter privately. In case you've forgotten, this is a public forum and in my opinion, your replies does not project a good image for your company.

We have consulted with our counsel about this matter and they have verified the legal standing of our claims. According to Webster's dictionary, slander is "a false and malicious statement or report about someone" and libel is "a false publication, as in writing, print, signs, or pictures, that damages a person's reputation". We have a copy of all material posted by maxbear and yourself on this board and our lawyer will be delighted to present them to you at deposition and trial.

BTW -- make sure you win because our lawyer's fee is $500 per hour and we will aggressively pursue all legal proceeding to recover this fee from you or any other people interested in suing EFS. Remember, the only defense to a slander / libel suit is the truth and what we've seen so far by your postings on WHT make it too easy for our legal team.

BY Maxbear: "This issue should be over. But they are still charging us. I email them but no reply. As they said, everything has stopped, but they are stilll charging us. I don't know whether they will continous to charge us."

BY EFS: "According to Webster's dictionary, slander is 'a false and malicious statement or report about someone'"

What is slanderous in Maxbear's statement? Looks to me as he is only stating facts. It's too bad you really did not contact your attorney as they would have told you that you really do not know much about the law.

Oh, BTW if we were to sue you for some reason (I am not sure why we would??) and lost, we would not be responsible for your attorney's fees as we have no contract with you which would require us to. Really, you should talk to an attorney before you start making these silly posts.

I think what E.FreeServers did was correct. Not the legal action threat but displaying the facts. I can see how a hosting company would get tired of such false remarks that make them look bad. When he threatened legal action he went overboard, if you are going to take legal action then take it, if not, shut up. No one wants to see you to in a measuring contest of who has the better lawyer and who has better grounds to sue. Why don't both of you submit your proof here and let the people decide who is right?

ohh and btw you'd be taking legal action for libel not slander.

libel is "a false publication, as in writing, print, signs, or pictures, that damages a person's reputation".

Remember slander is spoken. He did not speak about you on the forum he wrote about you. That right there shows me you haven't contacted counsel, either that or your lawyer is not that smart and you better start looking for a new one.

Why don't both of you submit your proof here and let the people decide who is right?It would be better if they could work it out in private.

Originally posted by RackMy.com
It would be better if they could work it out in private.

At the start i'd agree with that, but after the threats that have been thrown around, if its taken into private, it'll leave someones reputation hurting, i guess it will either way though :rolleyes:

either way...their reputation must be hurting already...

From the point of view, of someone who is knew to these forums, and currently looking for a host for a dedicated server. I have to say i wont touch efreeservers now, not because of the post complaining about them, but because of their attitude in the reply.

Originally posted by Devalin
From the point of view, of someone who is knew to these forums, and currently looking for a host for a dedicated server. I have to say i wont touch efreeservers now, not because of the post complaining about them, but because of their attitude in the reply. I was about to say the same thing.

Originally posted by E.FreeServers

...
Remember, the only defense to a slander / libel suit is the truth and what we've seen so far by your postings on WHT make it too easy for our legal team.

That isn't quite right.

Truth is an absolute defense. In other words, if the statement is true, it is not libel.

However it is not the ONLY defense. Well known figures, celebs, politicians,etc. must show malice. Private individuals have to have must be negligent (ie. a recklessly disregarded the truth).

Statements of opinion are an absolute (or complete) defense.

Also protected are privileged statements - "the interest in communicating a statement outweighs the interest in protecting reputation"

Not taking side here - don't know either side. Just thought you may want to know that truth is not the ONLY defense, just one an absolute defense.

And no I am not an attorney just a business person. BTW, don't count on the lawyer to tell you that you don't have a case... Remember they get paid if you win or lose, and some of them are less than totally honest (maybe that's why so many politicians were lawyers at some point).

Originally posted by E.FreeServers
Maxbear,

Your assertion that we still charge you is incorrect and slanderous. An email was sent to you last month with information regarding a refund for the unused date due to the server problem. Your account has since been cancelled and all credit card information have been deleted from our accounting database.

If you insist that your card was charged after the aformentioned issue was resolved last month, just send an email with a scan copy of your credit card statement showing this so called charges directly to adam@sagonet.com. Also, both the EFS and Sago email database show no record of your email since July 14, 2002.

As for the server being stopped without notice, your claim is absurd and a complete lie. Our technician spent several hours trying to fix the problem without success. We then immediately informed you of the problem and offer a refund for the remind of the month.

Finally, we welcome your threat of (meritless) legal action. In fact, we can't wait to file our own lawsuit again you for your continuous slanderous remark. BTW -- If you think that your Hong Kong residence status will protect you from our lawsuit once you enter the United States, you better get a new lawyer.


Based on that post I would never purchase anything from this guy.