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  1. #1
    Join Date
    Apr 2004
    Posts
    1,834

    Most Insane ServerMatrix Experience Ever!!!!

    One minute after receiving the below email (that my sales person Angela Valentine edited for her own benefit), I was issued a cancellation notice effective May 1. I spoke to another sales person at theplanet, Mary Hall, and asked her privately in 2 seperate conversations that I would like to be transferred to a new sales person because I could not get a straight answer on reseller pricing. I was assured that this would be held in confidance.

    Repeated attempts to contact some one in charge rendered my account IMMEDIATELY cancelled. Then I received a telephone call from Angela Valentine screaming (unidentifably) to me, issuing all types of hysterical threats.

    I could not talk anybody in technical support in helping me restore my service until this rogue incident could be resolved. They said to contact Steve Wallace or Lance Crosby (Legal Eagle).

    In the meantine, Angela Valentine left 3 hysterical messages with an employee of my company.

    I finally reached Wallace after repeated attempts the next day. I finally got Crosby after he took a long lunch.

    One of my colo boxes was handed over to one of my employees without my clearance, and a ServerMatrix box was rendered unrecoverable; all data lost.

    I resorted to using their forums. My posts were subsequently cancelled, and my account revolked.

    My orbit account has now disappeared.

    Below, please find a copy of the email message that prompted this event.

    ####################################

    What is going on Ray? Do you want a new rep? OK!

    I have no idea why you can't deal with me????

    But you have to kill SM?




    -----Original Message-----
    From: ray@XXX.biz [mailto:ray@XXXf.biz]
    Sent: Wednesday, March 17, 2004 6:07 PM
    To: avalentine@theplanet.com
    Subject: RE: psf


    Hey Angela V,

    Just what the heck is this
    http://www .bestvalueservers.com/alex/site/htm/featuredservers.php

    If I resell a loaded SuperResellerz my gateway transaction fees will put me
    in the red at a $20/month discount.

    I am developing a major site to move servers; I need some margin to work
    with here.

    This project WILL launch April 15; I'd prefer to do it at theplanet.. HELP!

    Ray

    > Killen me Ray! Here is what I can do:
    >

    MOD NOTE - reseller discounts snipped
    >
    > You can also opt to pay a higher install and get the price on the web
    > based on that install.
    >
    > I really can't do more than that. I know my limitations because they
    > came down with a strict mandate. Hope this helps Ray!!
    >
    > Take Care,
    >
    > Angela
    >
    > -----Original Message-----
    > From: ray@XXX.biz [mailto:ray@XXX.biz]
    > Sent: Monday, March 08, 2004 4:35 AM
    > To: avalentine@theplanet.com
    > Subject: RE: psf
    >
    >
    > Hey AV,
    >
    > I need to start adding "resold accounts" to what PSF does. This is
    > one of the big EV1 posters that would like to move to SM. I would
    > like to start off at a 10% discount across the board for all business
    > I bring to the table. I can think I can bring along about $500 -
    > $2,000 month in sales of new busines you could not GET. I bill
    > myself, and provide the tech support for these boxes.
    >
    > Gimme a buzz, I'm in the office this afternoon....
    >
    > rw
    >
    > Server Configuration
    >
    > Server: Super Celeron 2.4 GHz - Setup: $99.00 - Monthly Fee: $79.00
    > Primary HDD: 80GB Hard Drive Secondary HDD: 80 GB Hard Drive - Monthly
    > Fee: $40.00
    > RAM: 512 MB RAM
    > Number of ips: 5 IP Addresses
    > Bandwidth: 1000 GB Bandwidth
    > Uplink Port Speed: 100 Mbps Uplink - Monthly Fee: $10.00
    > Web Analytics: Urchin 100 profiles
    > Floodguard: Protect a 8 IP Block - Monthly Fee: $10.00
    > SQL Server: None
    > Backup Service: 80GB - Monthly Fee: $60.00
    > Operating System: Free BSD 5.1
    > Server Management Plan: None
    > Control Panel: None
    > Firewall: None
    > Hostname:
    > Promotional Code:
    > Salesperson:
    > Special Requests or Comments:
    >
    > For OS: FreeBSD 4.9, stable release
    Last edited by MattF; 04-26-2004 at 05:26 PM.
      0 Not allowed!

  2. #2
    Join Date
    Mar 2003
    Location
    California USA
    Posts
    13,681
    Second time ive seen this happen =x
    Steven Ciaburri | Industry's Best Server Management - Rack911.com
    Software Auditing - 400+ Vulnerabilities Found - Quote @ https://www.RACK911Labs.com
    Fully Managed Dedicated Servers (Las Vegas, New York City, & Amsterdam) (AS62710)
    FreeBSD & Linux Server Management, Security Auditing, Server Optimization, PCI Compliance
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  3. #3
    Join Date
    Dec 2001
    Location
    Darmstadt, Germany
    Posts
    1,096

    *

    ouch.
    In just two days, tomorrow will be yesterday.
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  4. #4
    I'm confused. Why is she screaming threats at you?
    Dan Grossman - dan @ awio.com
    My Blog | Affiliate Program for Web Hosts
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  5. #5
    Join Date
    Apr 2004
    Posts
    1,834
    Originally posted by Dan Grossman
    I'm confused. Why is she screaming threats at you?
    She sounded intoxicated to me, and why she would even call at later than 10 pm was beyond me, or leave messages with my employees. I tryed to complain, but body there would listen to me.
      0 Not allowed!

  6. #6
    Join Date
    Nov 2002
    Location
    WebHostingTalk
    Posts
    8,901
    Originally posted by PSFServers
    She sounded intoxicated to me, and why she would even call at later than 10 pm was beyond me, or leave messages with my employees. I tryed to complain, but body there would listen to me.
    A very, ummmm, interesting , ummm, story.

    Sirius
    I support the Human Rights Campaign!
    Moving to the Tampa, Florida area? Check out life in the suburbs in Trinity, Florida.
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  7. #7
    Originally posted by PSFServers
    She sounded intoxicated to me,
    I think Legal Eagle would have a term for this kind of accusation
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  8. #8
    I just don't get this. You got cancelled because you wanted another rep??
    Are you a webhost?
    Want more customers?
    Add your plans at Webhost-kb.com
      0 Not allowed!

  9. #9
    Join Date
    Nov 2001
    Posts
    551
    Originally posted by jbigelow
    I think Legal Eagle would have a term for this kind of accusation
    She sounded intoxicated to me
    I don't think they would have much recourse given it is an opinion, not a stated fact. now if it had read more like "AV always was drunk when she called me" might have more legal weight, still not much.

    Assuming PSFServers' s account of the situation is accurate (no offense intended, I don't take anything I read on the internet at face value, and WHT has a tendency to draw hopping mad people who don't tell the whole story) I would be very concerned if I was SM/thePlanet about this type of behavior.

    As frustrating as this sounds, remember the cooler heads will prevail.
      0 Not allowed!

  10. #10
    Join Date
    Nov 2002
    Location
    WebHostingTalk
    Posts
    8,901
    Originally posted by ambirex
    Assuming PSFServers' s account of the situation is accurate (no offense intended, I don't take anything I read on the internet at face value, and WHT has a tendency to draw hopping mad people who don't tell the whole story) I would be very concerned if I was SM/thePlanet about this type of behavior.
    Well said!

    Sirius
    I support the Human Rights Campaign!
    Moving to the Tampa, Florida area? Check out life in the suburbs in Trinity, Florida.
      0 Not allowed!

  11. #11
    Originally posted by ambirex
    I don't think they would have much recourse given it is an opinion, not a stated fact. now if it had read more like "AV always was drunk when she called me" might have more legal weight, still not much.

    I'm no lawyer but slander and libel laws exist precisely because the damaging statements aren't fact.
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  12. #12
    Join Date
    Oct 2003
    Posts
    124
    Originally posted by jbigelow
    I'm no lawyer but slander and libel laws exist precisely because the damaging statements aren't fact.
    I'm no laywer either, but the 1st Ammendment exists so that people can express both fact and opinion.
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  13. #13
    Originally posted by slack
    I'm no laywer either, but the 1st Ammendment exists so that people can express both fact and opinion.
    True, but the fact that slander and libel laws exist shows that you don't have carte blanche when making statements. A commonly sited example, not relating to slander but instead 1st ammendment protection, is yelling "Fire" in a crowded theatre. If you were sued by a person trampled on their way out the theatre you could successfully be found guilty despite hiding behind the 1st amendment. Another related tangent would be arguing slander is not in fact slander but instead satire as commonly applied to figures such as government officials. There are limits, liberties come with responsibilities.

    Justin
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  14. #14
    Join Date
    Oct 2003
    Posts
    124
    Originally posted by jbigelow
    True, but the fact that slander and libel laws exist shows that you don't have carte blanche when making statements. A commonly sited example, not relating to slander but instead 1st ammendment protection, is yelling "Fire" in a crowded theatre. If you were sued by a person trampled on their way out the theatre you could successfully be found guilty despite hiding behind the 1st amendment. Another related tangent would be arguing slander is not in fact slander but instead satire as commonly applied to figures such as government officials. There are limits, liberties come with responsibilities.

    Justin
    Agreed, but stating that someone screamed at you and sounded intoxicated is not slander unless they can prove that you're completely making the entire situation up in an effort to slander the company and/or parties involved. Otherwise you couldn't even use the word "scream."
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  15. #15
    Join Date
    Nov 2001
    Posts
    551
    not trying to draw this into a legal discussion, and yet here I go:

    1. this would be considered as libel, not slander (libel = written, slander = spoken)

    2. it wasn't a statement of fact, but instead one of opinion.

    3. one of the tests of libel is that the statement is made with malice (knowingly deceptive) so, if the person sounded intoxicated it would be hard to prove that the statement was made with any malice.
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  16. #16
    But then it comes down to he said/she said. If PFS is pissed off at SM then there is a strong case to be made that there is malice behind his (possibly/possibly not exagerated) claims which would be why there is at lease a case there even if its not open and shut.

    Justin
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  17. #17
    Originally posted by slack
    Agreed, but stating that someone screamed at you and sounded intoxicated is not slander unless they can prove that you're completely making the entire situation up in an effort to slander the company and/or parties involved. Otherwise you couldn't even use the word "scream."
    I agree also which is why we have the courts to decide this kind of thing.
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  18. #18
    Join Date
    Dec 2003
    Location
    Fairfax, Virginia
    Posts
    6,834
    I guess now we're getting into a legal discussion regarding what is slander and what the 1st amendment applies to eh?
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  19. #19
    Lets drop the legal discussion and stick to the issue at hand.
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  20. #20
    Originally posted by SniperDevil
    I guess now we're getting into a legal discussion regarding what is slander and what the 1st amendment applies to eh?

    Are you implying I don't know my law? I've seen every episode of Law & Order. I don't think I like the tone of that smiley. I'm suing you for your libelous slanderations!


    Justin
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  21. #21
    Join Date
    Oct 2003
    Posts
    124
    Ok, back to the topic at hand...

    Yikes! That would be enough for me to never consider them again unless you get a very friendly call from someone higher up. Even if you're not giving us the whole story, a sales rep should never, ever act that way.
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  22. #22
    Join Date
    Nov 2001
    Posts
    551
    Originally posted by jbigelow
    I agree also which is why we have the courts to decide this kind of thing.
    I guess, but, couldn't we solve somethings without always going to court?

    Oh, and for the fire example, that isn't libel or slander, it is public endangerment.

    edit very funny jbigelow.
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  23. #23
    Originally posted by ambirex
    I guess, but, couldn't we solve somethings without always going to court?

    Oh, and for the fire example, that isn't libel or slander, it is public endangerment.
    Hey, I'm all for people not resorting to the courts at the drop of a hat but its just too easy these days.

    And I never said the fire scenario was libel/slander but rather pointing out that there are boundaries to the 1st amendment.

    Right, back to the topic at hand... wait a minute what were talking about?
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  24. #24
    Join Date
    Nov 2001
    Posts
    551
    Originally posted by jbigelow

    Right, back to the topic at hand... wait a minute what were talking about?
    Well, since PSFServers is offline (and boy, will they be surprised when they see the direction this thread took) we will have to wait to see how this shakes out...

    remember PSFServers? the one whose account was cancelled?

    I hope this resolves nicely. we all lose it once and a while.
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  25. #25
    Join Date
    Jul 2002
    Location
    San Diego
    Posts
    365


    What the heck? Very interesting...
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