Does a hosting provider have the right to terminate an account and refund the users money at any stage? We are having problems with an ex client, they were posting remarks about our customers and our business. We offered them a refund back in April and they said they would tone down. Last week they emailed us again insisting we are being "unprofessional".

We emailed the client stating that it would be best if both of us part, so we refunded the account allowed 24 hours for the user to grab their files ~ 2mb's.

Now they are threatening to sue us :rolleyes:


If not, I will be filing a law suit against you. Is a few bucks and 3 days' time worth you having to pay attorney's fees to defend yourselves? It won't cost me a cent to sue you, because I'm in LAW SCHOOL. I have access to some of the most brilliant legal minds in the U.S. on a DAILY BASIS. They're called professors--and they STILL practice law. Your company will become my class's project!

Not to mention that I have saved our round of emails to each other, and to prove my case that you have no grounds for doing this to me, I WILL post them in every hosting forum that I can find so every potential customer will know just what kind of people they'd be dealing with if they signed up with Myacen.

I will go on a personal crusade to detract whomever I can from signing up with you. I will gather other former Myacen clients who have legitimate greivances and we will comb cyberspace discrediting Myacen whenever and wherever possible. You won't be able to do a thing. You can't sue someone for telling the TRUTH. Only for lying...and since all of us will be telling the truth as we know it to be in our situations, you won't be able to do a darn thing.

So, we can part ways amicably, or I can declare war on you and use every tool at my disposal to cost you business, including contacting the Australian media outlets.


The users other emails were quite rude and offensive, so posting them here is not appropriate.

Since she's threatening a lawsuit, why not consult a lawyer to see if she REALLY does have a case against you or not?

No point getting sleepless nights over a spoilt kid.

It's a she :D , she must have permanent PMS :blush:

Point noted and message edited. :D

But really, seek a lawyer. Don't know a laywer? Pick up golf, head to your nearest golf course. :D

Sounds like someone somewhat unbalanced, perhaps bipolar. I've encountered people like this in hobby internet groups. It's best not to reply at all to people like this, just save all their incoming emails and whatever they post in public. Certainly sever all business relationships. If they're
using using university resources in this fashion, forward offensive material (with minimal commentary) to the university in hopes that the behavior will be noted and addressed by university authorities; it might be helpful to the person. Be thankful the person is not local.


But do talk to a lawyer if you're worried. I am not one.

I would cut them off and say sue all you want. Never give in to blackmail, I mean what are we talking here $8 $9 a month? What could their possible damages be.

Forget about it, keep the emails and don't lose any sleep over one nut.

JMO

"So, we can part ways amicably, or I can declare war on you and use every tool at my disposal to cost you business, including contacting the Australian media outlets"

This is a threat to disrupt your business. Surely it would be grounds for dismissing any suit she would bring? The tone of the entire message was that of a threatening posture to force you into complying. I'd find out where she goes to school, and contact them about this. Maybe they wouldn't take kindly to one of their students acting this way, and using them as part of a threat?

Did you have a written AUP/TOS? Did they do anything that violated it, giving you reason to terminate them?

I wouldnt worry about getting sued. What would they sue you for??? Closing their account and refunding them? In my opinion, you as their host has every right to cancel and refund at any time. It's up to you who you serve and if a refund is given then what can they say?

If a refund was given for no reason then that would be unfair... but you did give a window for them to move so what else can they complain about?

I personally wouldnt worry and focus on serving your customers who you do have and working on getting others. I think it will have very little impact if any on what they write. You never know... it might increase awareness of your site and could still get sales from people who decided to see what the complaints were about and couldnt find fault in your service!

If I understand right you were cutting them off for making some threatenging or disparaging remarks about you or your comapny, and your customers...to me this sounds as though they were slandering you and your companies good name....

Sounds like Lawsuit Material to me...but then I'm not an attorney.

If she is an australian client, I believe you have to wait 30 days untill you can remove her from your server.. I might be wrong, but I'm sure I heard that from someone somewhere.

Just re-read it, she's not in AU, it would take a lot of trouble to sue you. I think the only thing you really have to worry about is if she does file a suit and there is a warrant, the only way they can catch you is if you step on US soil. Do you have it in your terms that you reserve the right to terminate an account at any time for any or no reason at all? I don't think going around slandering you or your clients ( not on your own forums, etc ) is illegal, it the internet of course, and laws vary from place to place. Its not nice, but sometimes you just gotta live with it and move on.

If a customer were being rude to us or any employee of IMIN, I would write back stateing something like the following: We do not appreciate your attitude towards our company and if you are not willing to work with us in a proffesional manner we would advise you to move on and find a new host.

As per our terms we can and would notify of termination 24 hours ( not required, but we are nice that way ) and that would be the end of that. They can go kicking and screaming, but just remember, 1 angry customer screams louder than 10 happy ones.

What are the terms of your contract with the customer?

Warrants are for arrest... There's no warrant issued for a civil case. Failure to appear in a civil matter means the client will win by default.

warrant -
A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to the judge or magistrate that convinces her that it is reasonably likely that a crime has taken place and that the person to be named in the warrant is criminally responsible for that crime.

So, we can part ways amicably, or I can declare war on you and use every tool at my disposal to cost you business, including contacting the Australian media outlets.
lol. Yeah right. They are so full of crap. Like the Australian news media would be real interested in that as a new story. Gimmie a break. Throw whatever money at this person just in order to get rid of them. They have "issues". :cartman:

Originally posted by Aussie Bob
Like the Australian news media would be real interested in that as a new story.

Have you watched Today Tonight or A Current Affair lately? They are scraping the bottom of the barrel as it is. I doubt Robert has anything to worry about, but if there was anything in this for them they'd jump on the opportunity to show something new. :)

Gary

Myacen,

I would definately spend a couple dollars and check with your attorney. You do want to be very careful in every correspondence you have with her and also be VERY careful in your posts, ie

"It's a she , she must have permanent PMS"

That could be construed as slander. Keep your comments factual and professional.

I imagine your attorney will tell you how to get rid of her. Probably starting with a certified letter which he/she can help you construct. Your agreement / TOS will have some bearing on how easy it will be to get rid of her.

You may want to make sure there is a clause in your agreement, for any future situations, that states you maintain the right to cancel anyone's account for any reason w/o justification.

Good luck.

best not to reply at all to people like this

Iknow, I know but I just cant help replying to them.

We have had some REALLY bad cases of nutters.
In one case the person thought they were a customer of ours and weren't.
They ended up contacting other people living in my street and sending me notes of my childrens routes to school.
It became a police matter eventually.

Actually, we have an anti blackmail clause in our TOS.
I had a couple of cases of people saying "give me more disk space/free domain/etc or I will post nasty comments on your service on usenet and BBS's"
Not nice.
I realised a while ago that threatening us was not a breach of our TOS so I wrote it in.

I think the internet brings out the worst in some people.
If you have a communication problem in face to face relationships it can become hightened via email etc.

Someone should write a phd on it.

Gordon

Tell them to go ahead and sue. Say in response to their e-mail: "Knowing that we are standing on firm legal ground, I think your suggestion that a court decide this matter is an appropriate one. Please file your suit immediately. I will forward the court documents to my attorney."

In a civil case they must prove they have been damaged, and if so by what amount. What exactly are their damages? I can't see any damages that would eclipse their costs (law student or not, filing a case still requires the court be paid) to sue or eclipse the amount you refunded them.

No, this is blackmail in my opinion.

I am not an attorney!

Although I did stay at a Holiday Inn Express once.


I don't think I'd be as cordial as some of the others have suggested. But, I'd tell them where they could file those papers. ;)

You are being way too nice.

Do you know the university they attend? Contact the law school there and plead your case to them. This will give them some lovely discomfort. There is not a law school in the nation that likes it when their idiot students go off threatening people with lawsuits.

Chet

Originally posted by Monte
I would cut them off and say sue all you want. Never give in to blackmail, I mean what are we talking here $8 $9 a month? What could their possible damages be.

Forget about it, keep the emails and don't lose any sleep over one nut.

JMO

Yep. Never. In every case we get threathened, we close the account. We have never been sued. It cost money, time and in 99.9% of the cases people will realize they have no case. I would add to your Terms you have the right to close accounts anytime if it isn't already there.

Also, aren't you in AU? :)

Just a friendly reminder to read: http://webhostingtalk.com/showthread.php?s=&threadid=85952&highlight=Sue :)

The Sue People..............

Like anyone would sue you over a hundred dollars.. Thats pathetic.