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Thread: US LEC/FastNet

  1. #1
    Join Date
    May 2004
    Location
    Bethesda, MD
    Posts
    3

    US LEC/FastNet

    Billing irregularities.
    After approx. 3 years with a dedicated server with HostMe.com, mycontract ended and I took a dedicated server with another company. However, HostMe, now US LEC/HostMe (FastNet) continues to hit my credit card claiming that my contract (which ran out) required that I give 30 days notice. I noticed them on March 31st that I wasn't renewing but they billed on May 5th for $440. Since I have no contract, contract ended March 28th, 2004, and did not renew, I fail to see how they can justify the continued billing.

    Is this normal dedicated hosting billing practice??

  2. #2
    Ohh yes it is absolutely normal that dedicated hosting providers slam your credit card with un-authorized billing charges........why did you even ask that questions?

  3. #3
    Join Date
    Nov 2002
    Location
    WebHostingTalk
    Posts
    8,878

    Re: US LEC/FastNet

    Originally posted by homefinder
    Billing irregularities.
    After approx. 3 years with a dedicated server with HostMe.com, mycontract ended and I took a dedicated server with another company. However, HostMe, now US LEC/HostMe (FastNet) continues to hit my credit card claiming that my contract (which ran out) required that I give 30 days notice. I noticed them on March 31st that I wasn't renewing but they billed on May 5th for $440. Since I have no contract, contract ended March 28th, 2004, and did not renew, I fail to see how they can justify the continued billing.

    Is this normal dedicated hosting billing practice??
    Do you have proof that you cancelled? If so, provide it to them. If you don't, your SOL. You'll need to meet the agreements in the contract.

    Sirius
    I support the Human Rights Campaign!
    Moving to the Tampa, Florida area? Check out life in the suburbs in Trinity, Florida.

  4. #4
    homefinder,

    did you provide notice of cancellation in the manner required by the contract, ie facsimile or mail or whatever else? if so, provide them the proof and if it does not help, contact your credit card issuer to put a stop to it. if, on the other hand, it was your ommission, i suggest you live up to the terms of the contract you have signed.

    paul
    * Rusko Enterprises LLC - Upgrade to 100% uptime today!
    * Premium NYC collocation and custom dedicated servers
    call 1-877-MY-RUSKO or paul [at] rusko.us

    dedicated servers, collocation, load balanced and high availability clusters

  5. #5
    Join Date
    May 2004
    Posts
    38
    Hang on,

    He clearly said that the exisiting contract had expired, if there's no contract in place he owes them nothing whether he notified them or not prior to the previous contract expiring.

  6. #6
    Join Date
    May 2004
    Location
    Bethesda, MD
    Posts
    3
    Actually, the contract ended probably 2 years ago. The new management, US LEC/HostMe contacted me towards the end of March to inform me that they were no longer going to be charging quarterly and that they would send a monthly statement (something new for this company since I never got statements prior to this) and that I would have to sign a new contract with US LEC/HostMe to continue.

    I noticed them on March 31 that I would not be renewing. They were very persistant and wanted to know why. But, bottom line is, I had no contract, they were under new managment and I was not going to continue with that company. Their billing practices in the past had cause disruption of services when they would ding my debit card without first sending a bill. I wanted a new company to host my server.

    There was 36 days from the day I told them I wasn't signing a new contract and the date they took $440 from my credit card.
    They knew I wasn't renewing but they took the money anyway.
    I don't believe that any notice is required when there is no contract, although I'll check with my attorney. That will cost too.

  7. #7
    if the contract or TOS states that you need to give 30 days written notice via email or snail mail. And you tell them on the day before you want to cancel your service. You have missed your window to cancel and in most cases the contract auto-renews for the amount of time it was previously in place for.
    Jay

  8. #8
    Join Date
    May 2004
    Location
    Bethesda, MD
    Posts
    3
    Notice was given on March 31. Money was charged to my credit card on May 5th.

    Further, there was no contract. The company that the old contract was with, HostMe, was purchased by another company, US LEC/HostMe.

    There was no traffic on the server for over 30 days. US LEC/HostMe provided no service for the month of April.

    1. No contract
    2. Company purchased and no contract with new company
    3. No service
    4. Notice given
    5. Money charged over 30 days following notice.

    I still don't think they are entitled to any money.

  9. #9
    1. just because the company your contract had been with was purchased by someone else your contract does not automagically get cancelled. unless there is a specific weasel clause allowing you to get out of the contract under those circumstances, your contractual obligations continue to be in place with the new entity, which is partly comprised of the company your contract had been with. IANAL.

    2. same as above
    3. why?
    4. our question was: has notice been given *as stipulated in the contract*? if the contract requires that you fax in a statement and you decided to just email them and be done with it, you have not given notice of cancellation.
    5. see above

    your earlier posts indicate that they knew about the cancellation. if they knew about it and accepted it, they should not have charged you again. this is if, and only if, the proper cancellation notice had been given.

    paul
    * Rusko Enterprises LLC - Upgrade to 100% uptime today!
    * Premium NYC collocation and custom dedicated servers
    call 1-877-MY-RUSKO or paul [at] rusko.us

    dedicated servers, collocation, load balanced and high availability clusters

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