Section 7 states;

http://www.rackshack.net/aboutus/tos.asp

Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to RackShack Attn: Cancellations, P. O. Box 541673, Houston, TX 77254-1673 or you may call 713-333-7873 or fax the cancellation request to 713- 942-9332. You must have all account information to cancel.

Now. I actually ordered a server from rackshack which I regretted. But thats another story. I have only used it less then one month and wanted to cancel it. Now section 7 tells me that I need to notify them at least 30 days notice. So correct me if I'm wrong, I need to notify them on the day I sign up for the server? Or the day before that?

I can't afford a time machine, so thats out of the question. So I basically lost another $99.00 because of this clause? Because I can't cancel the damn thing within my first month? Then whats the point in offering 1 month payment servers if I can't cancel it?

Any legal advisors here? Is this LEGAL? What do you ladies and gentleman think about this?

Edit: actually I just checked my credit card statement, they rebilled me $99.00 even though I already submit a cancellation request. OOPS forgot about section 7. <sarcasm>

I don't think rackshack will hold up to the 30 day notice if you ask them to stop.... You could allway's ask for a refund and see they might give it to you.... Chargeback is another option if you realy want but sometime's its best just to see what they have to say first... You did agree to the term's so legally you should have to follow them.... but usally companies are reasonable if you just telll them your situation and see what happen's Might be better for you.

Originally posted by Paul_9cy
I don't think rackshack will hold up to the 30 day notice if you ask them to stop.... You could allway's ask for a refund and see they might give it to you.... Chargeback is another option if you realy want but sometime's its best just to see what they have to say first... You did agree to the term's so legally you should have to follow them.... but usally companies are reasonable if you just telll them your situation and see what happen's Might be better for you.

I hope they will refund :mad: I'm awaiting for their email response.

But the only thing which bugs me, is this unreasonable clause. I can't believe I missed this section because I quickly skimmed through their AUP and TOS. I should of printed it and sit down on my beany bang with my coffee and reading glasses.

I'm in Australia. And the banks here are bloody shocking. When you dispute a charge (this was with another company) they actually tell you to take it up to the company and theres nothing you can do about it. I told the lady

"so your telling me I could setup a business oh i don't know, a telecommunications service and drop off my customers connection everytime they make a call? and theres nothing they can do about it? they can't get a refund/dispute from their banks for the service they didn't get?"

She went quiet for 6 seconds then told me to call some number which I did, then the idiot on that number told me to go into the bank and talk to the customer service. I actually made that call in the bank and passed it to the lady. They talked for 5-10 minutes, pretending to be professional/resolvable. I just continued to eat my twisties chips playing snakes game on my nokia mobile. At the end they said they will call me. Never got a word from that day. So I went in and cancelled my master card, savings account and business cheque account and finally my shares trading account totalling $60,000 in credit. I got it wired to another bank and walked out. Everyone was staring at me.

This was at Westpac/Challenge Bank.

In every contract there's alot of clause's that don't make much sence... Usally they are just to protect the company at hand. I wouldn't be surprised if they are the same as there ISP TOS and that's why that clause is in it. Theres alot of reason's but I would have faith that RS will refund the money as I have heard of people having problems and getting refunds before.

I have rented RS servers in the past and called them to cancel on the last day of the month's billing cycle. In none of the cases did they charge me the additional month.

Originally posted by Xenos
I have rented RS servers in the past and called them to cancel on the last day of the month's billing cycle. In none of the cases did they charge me the additional month.

Thats good, hope it happens to me.. :)

I have tried getting billed the 16, cancelling the server at the 17 and then billed the 16 next month because they needed a 30 days cancelletion. The problem is that they disconnect the server the same day that you cancel meaning that I paid for a server for 59 days even though I didn't use it.

Let's see what happens at the end of the month since this can happen with one of their Compaq 10 mbps servers which I cancelled 1 August (was billed 30 July).

Heh, some people give 30-days money back guarantee and they give a 30-days money take guarantee... everybody glances in hi sown special way aight? :rolleyes:

Hello,

You agreed to the Terms And Conditions, You must abide by them they legally binding.

However, Best of luck... from a users point of view you don't want to pay for another month after you cancel..

Only use chargeback if you have no other choice.

Hmmm.... If they disable the server they have to stop charging you. They can require 30 days notice but they have to leave the server up untill the cancellation actually occures.

If they leave the server up they've got you, if they don't you've got them. :)

Aaron

Originally posted by WII-Aaron
Hmmm.... If they disable the server they have to stop charging you. They can require 30 days notice but they have to leave the server up untill the cancellation actually occures.

If they leave the server up they've got you, if they don't you've got them. :)

Aaron

My server is still up. They haven't cancelled it yet. Maybe they need 40 notices for it to reach them?

I have an idea. Why don't we all put this in our terms and conditions.

"Account Cancellation: All requests for canceling accounts must be made in writing before 2 seconds of the use of our services. If you wish to cancel the service after 2 seconds, you are required to pay an extra months service."

I think thats reasonable.<sarcasm>

My first billing date was 7/25/02 on a sunday. The 2nd debit of my mastercard was on 8/23/02 on a friday. Interesting cycle? I sent the cancellation notice on the 20th.

why dont you just call them?

Originally posted by peteny
why dont you just call them?

They are closed now. I will give them a few hours to respond. If they don't I'll call.

From a legal standpoint, if it was in the contract when you signed up, then it is legal.

I haven't used Rackshack before and don't know Texas state law, but there are many ways that are documented throughout different state supreme courts that show that online contracts are not as enforceable as they may seem.

A good technology lawyer can probably get you out of it, but then you are only talking about $100.

There seems to be a large group of people on this forum who follow the industry so I am sure if you let them know you have a problem, they would probably bend over backwards to help you.

But the only thing which bugs me, is this unreasonable clause.



You obviously disagree, but what is wrong with a 30-day cancellation policy?

These Terms are available for everyone to see and they haven't suddenly introduced or changed them. They don't charge you a set-up fee but they need to spend time setting up the server for your use (irrespective of how long this actually takes). If you decide after a couple of days that you don't want it then surely that isn't their fault.

I don't think any business should be run as a charity and be expected to deal with the unreasonable whims of its customers. You say that you have already used the server for a month, you haven't reported any faults with it or with their support, so their is obviously another reason for not wanting the server any more.

If they turned off the server when you cancelled, or you had been having problems, then that would be a different story. Stop trying to wriggle out of your responsibilties.

Rackshack, like any reasonable company, will probably be happy to cancel the deal immediately just to get shot of you, but they don't need to.

I think it is a bit unfair calling their Terms and Conditions unreasonable - they aren't. Have you ever read the T&C of your credit card lately? - now, these are scary T & C's if the company decides to impose them.

Well i can say. I canceled a server on Friday. ( i had 2 at RS ) today was my billing date. and i was only billed for my One server.

so i think ther 30 day thing is just a protection clause for RS, depending on circumstance, but is probably not used.

so have faith.

aqs for canceling it only took like 2 hours ( and 2 e-mails..) my first one just wasn't complete enough for them.. so they E-mailed me back for more info.. and then it was done.

I think everyone read it as you are required to read it before you complete the sign up process. If you didnt, you are at fault.

Secondly, that TOS is nothing. Read your credit cards, read your banks, read your ISPs. They all have similar things in there as well as many other things that you may not like if used against you. Welcome to corporate America.

You should definately call them. I was 2 days away from my next billing date, and I didn't want to take the chance of being charged again. So I called them and they cancelled it right away.

1-You really don't have much of a basis for calling their terms unreasonable, considering that you indicated in the order process that you had read them. Why do you think they require you to confirm that. Now you say....well, I really didn't.

2-I suspect they will work out something with you.

3-If you want them to work with you, then why post here. This is not their support, billing, nor customer service department. And, the logic escapes me....follow it below...

I agreed to your terms.

I want special consideration.

I now publicly blast you.

Just not the best way to handle it in my opinion.

Originally posted by Incognito
I agreed to your terms.

I want special consideration.

I now publicly blast you.

Just not the best way to handle it in my opinion.

Exactly.

probably he cannot go to rackshak and eat twisties chips while playing snakes game on the nokia mobile.:D :stickout J/K

[QUOTE]Originally posted by PJamie


You obviously disagree, but what is wrong with a 30-day cancellation policy?

Whats wrong? These servers are based on one month payments. [B] How are you going to cancel the server while your in your first month when they need a 30 day written notice? Read my first thread again.

These Terms are available for everyone to see and they haven't suddenly introduced or changed them. They don't charge you a set-up fee but they need to spend time setting up the server for your use (irrespective of how long this actually takes). If you decide after a couple of days that you don't want it then surely that isn't their fault.

To install an image of redhat takes 5 minutes. Configuring the routing/gateway 15 seconds. Your right, irrespective of how long this takes. Sure, what would you do if you bought a server and it kept on crashing, faulty hardware and incorrect bandwidth statistics (when I signed up, after 20 secs, the meter said 54gig) and you can't stand the piece of sh1t anymore? Would you ask for a refund? You can't because of their no refund policy. Fine you take a loss and cancel it later. Now.. read my first thread again about the 30 day notice again and again.

I don't think any business should be run as a charity and be expected to deal with the unreasonable whims of its customers. You say that you have already used the server for a month, you haven't reported any faults with it or with their support, so their is obviously another reason for not wanting the server any more.

I'm not a charity too. Why should I pay for something which isn't functioning properly? I have already reported numerous errors. I asked for a refund already but THEY DON'T GIVE REFUNDS which was clearly stated in their email which i sent a complaint within 4-5 days of the server. So I had no choice but to keep the piece of sh1t until the next month commences.

If they turned off the server when you cancelled, or you had been having problems, then that would be a different story. Stop trying to wriggle out of your responsibilties.

They haven't cancelled the server yet. Responsibility? Your right I should of contact them on the first day of my server, yet get a time machine and go back from that day and issue a cancellation notice because I need to notify them within 30 days before they can cancel the server.

Rackshack, like any reasonable company, will probably be happy to cancel the deal immediately just to get shot of you, but they don't need to.
Thats what I'm trying to get done.

I think it is a bit unfair calling their Terms and Conditions unreasonable - they aren't. Have you ever read the T&C of your credit card lately? - now, these are scary T & C's if the company decides to impose them.

Well, read their terms and conditions again and read section 7 again.

Originally posted by Woser
Well i can say. I canceled a server on Friday. ( i had 2 at RS ) today was my billing date. and i was only billed for my One server.

so i think ther 30 day thing is just a protection clause for RS, depending on circumstance, but is probably not used.

so have faith.

aqs for canceling it only took like 2 hours ( and 2 e-mails..) my first one just wasn't complete enough for them.. so they E-mailed me back for more info.. and then it was done.

I'm glad everything went smooth.

Originally posted by Acronym BOY
I think everyone read it as you are required to read it before you complete the sign up process. If you didnt, you are at fault.

Secondly, that TOS is nothing. Read your credit cards, read your banks, read your ISPs. They all have similar things in there as well as many other things that you may not like if used against you. Welcome to corporate America.

They don't have that 30 day policy while your engaged in a months service.

Originally posted by Waverz
You should definately call them. I was 2 days away from my next billing date, and I didn't want to take the chance of being charged again. So I called them and they cancelled it right away.

Yeah it seems things get done via the phone. I just woke up, will give them a call.

Originally posted by Incognito
1-You really don't have much of a basis for calling their terms unreasonable, considering that you indicated in the order process that you had read them. Why do you think they require you to confirm that. Now you say....well, I really didn't.

2-I suspect they will work out something with you.

3-If you want them to work with you, then why post here. This is not their support, billing, nor customer service department. And, the logic escapes me....follow it below...

I agreed to your terms.

I want special consideration.

I now publicly blast you.

Just not the best way to handle it in my opinion.

I wrote this thread to get everyones opinion on section 7. And if any of you rackshack billing see this. Please reply to my emails. Never mind I will call you shortly.

Your right, I did agree to their terms. I wish I spotted section 7 clearly. Yes I wouldn't mind a special consideration, considering all the considering problems I've had.

Your right, its not the best way to handle it. But thats too late.

Originally posted by mk123
probably he cannot go to rackshak and eat twisties chips while playing snakes game on the nokia mobile.:D :stickout J/K

I'll be going to the Texas soon to meet up with my cousin. I should pop by at rackshack with my twisties and my snakes game.

guys, i think no need to post any comments here... as it seems useless

MRH has his own way of doing things, his own logic and thinking

so IMO he'll clear all things in his own way.

good luck to him :)

Originally posted by mk123
guys, i think no need to post any comments here... as it seems useless

MRH has his own way of doing things, his own logic and thinking

so IMO he'll clear all things in his own way.

good luck to him :)

sorry i forgot the <sarcasm>.

i personally like rs though they have some problems...but doesn't everyone?

Not continual problems:)

It never ceases to amaze me when people think the best line of defense is to attack. It never works and people just shake their head and move on.

There's no point flaming me. I didn't supply your server, you only gave half the facts, and didn't even mention any problems with the server.

Your selective response to my quotation missed out a fundamental part of my quote, but probably the most important part in relation to you. The bit that said:

...or you had been having problems, then that would be a different story.


Turns out it was a different story.

I think if you had come onto the forum saying that you had server from rackshack, you had had nothing but problems with it from day one, yet, when you attempted to cancel the order after 4-5 days - due to these problems - they wouldn't because they were holding you to the 30-day cancellation policy. Then you would have gained a lot of sympathy and support for your predicament. Also, you would have been in a position to cancel the payment if it was by credit-card.

I don't think any reasonable company would hold you to that policy if you were having serious problems that were caused by them. I get the impression that Rackshack aren't unreasonable and I still don't think a 30-day cancellation policy is unreasonable.

Originally posted by PJamie
It never ceases to amaze me when people think the best line of defense is to attack. It never works and people just shake their head and move on.

There's no point flaming me. I didn't supply your server, you only gave half the facts, and didn't even mention any problems with the server.

Your selective response to my quotation missed out a fundamental part of my quote, but probably the most important part in relation to you. The bit that said:



Turns out it was a different story.

I think if you had come onto the forum saying that you had server from rackshack, you had had nothing but problems with it from day one, yet, when you attempted to cancel the order after 4-5 days - due to these problems - they wouldn't because they were holding you to the 30-day cancellation policy. Then you would have gained a lot of sympathy and support for your predicament. Also, you would have been in a position to cancel the payment if it was by credit-card.

I don't think any reasonable company would hold you to that policy if you were having serious problems that were caused by them. I get the impression that Rackshack aren't unreasonable and I still don't think a 30-day cancellation policy is unreasonable.

Right.

OK I'm not going to either bother explaining again. I'll take it as loss. You win again rackshack.

Originally posted by MRH


Right.

OK I'm not going to either bother explaining again. I'll take it as loss. You win again rackshack.


Don't worry about it, they always win cause they treat people like this :uzi:

Hope I don't get bashed now for the 1.265.302 time from all the people here that think they must defend RS as if it was their mother...

rackshack scores again! dude next time to solve all this read the TOU. OR whatever they call it.

Originally posted by interactive
rackshack scores again! dude next time to solve all this read the TOU. OR whatever they call it.

They call it "TOS" Eat our Shorts :rolleyes:

Originally posted by interactive
rackshack scores again! dude next time to solve all this read the TOU. OR whatever they call it.

OK. After some beers and horror stories of others. I'm going to fight this to the very end.

:angry:

Originally posted by MRH
OK. After some beers and horror stories of others. I'm going to fight this to the very end.

:angry:

Have fun!:)

Originally posted by Acronym BOY


Have fun!:)

I will :cool:

Originally posted by MRH
I will :cool:

I am :)