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12-06-2006, 12:12 PM #1Web Hosting Master
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"I'm going to sue you" boilerplate response
Taking I've just been threated again for terminating a small account (warez) I thought I might write a standard response to that, bearing in mind most of them are small kiddies. What do people think of the following
"As you have threatened legal action we will no longer communicate with you apart from through your appointed legal representative. Please send your appointed legal representative details to the physical address at <website URL>. No internet based or phone based correspondance will be entered into at any point unless done with legal representation present."Russ Foster - Industry Curmudgeon
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12-06-2006, 01:17 PM #2Junior Guru Wannabe
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I think a standard email like this is good idea for certain situations, but no the situation you described. There is a simple answer to this issue. Tell them your TOS specifies any Warez sites will be terminated immediately and that they agreed to the TOS, so it is a clear cut case.
The last someone who runs an illegal warez site wants to be is in court because they don't have a leg to stand on.Mike Johnson - thehostinglist.com
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12-06-2006, 01:18 PM #3Web Hosting Master
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Yeah I understand that point in this exact case, however I'm talking more general, for me the warez is an aside in this case though you are correct.
Russ Foster - Industry Curmudgeon
Freelance Sysadmin for Hire - email vaserv@gmail.com
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12-06-2006, 01:30 PM #4Web Hosting Master
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a2b2, I'm not sure if "legally" it's worded correctly (we all know how lawyers can be), but it sure sounds good to me!
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12-06-2006, 07:33 PM #5Web Hosting Master
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I recommend that whomever says they are going to sue me have their legal counsel give me a call at the office and I would be more than happy to drop whatever I am doing and speak with them regarding the situation.
I have yet to receive a call from anyone's lawyer yet...▓ SkyLineHost.com
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12-06-2006, 08:09 PM #6Web Hosting Master
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Originally Posted by PWRKenJim - 2Macs H-Sphere Web Hosting
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12-06-2006, 08:12 PM #7Invented the Internet
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Originally Posted by a2b2
One was from a guy who didn't renew his domain name and then tried to sue us for about $13,000 in "damages" for his site being down.
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12-06-2006, 09:01 PM #8Web Hosting Master
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Originally Posted by AH-Tina
One was from a guy who didn't renew his domain name and then tried to sue us for about $13,000 in "damages" for his site being down.• WLVPN.com • NetProtect owned White Label VPN provider •
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12-06-2006, 09:30 PM #9Web Hosting Master
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I just give them this response:
"Good luck with that. Ticket closed."
Big things coming soon
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12-06-2006, 10:00 PM #10WHT Addict
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Your best reply is either none at all (best) or a directive to have their legal representative initiate contact through the appropriate channels. End of story. Do not engage in any back and forth with them, do not respond to any followups from them. Set filters if they continue to write in, frothing at the mouth. In the incredibly rare event you do receive anything, turn it over to your attorney with any relevant documentation that s/he needs to review.
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12-06-2006, 10:08 PM #11Web Hosting Master
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Yet another kiddie host who threatens to sue when they can get sued 10 times worst. It's funny seeing their threats and how they can bring in their "lawyers".
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12-06-2006, 10:38 PM #12Everything in life is swelly
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Alot of the time dealing with disgruntle customers you will have these types of emotional attacks against the service provider. In many cases, brush it off your shoulder and call it a day. You have a legal binding terms of service agreement that obviously was agreed to upon any customer signups. That TOS is imposed for a reason....so you don't have to write statements like you have. Any one customer going against a terms of service (if infact they defaulted in any manner) to discuss legal matters with a civil attorney would be laughed out of the building and into their car (or city bus)
Any hosting customer that states "I will sue you" basically is dumber than dirt. Consultation fees alone would be more than a years worth of web hosting.<<< Please see Forum Guidelines for signature setup. >>>
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12-07-2006, 03:38 AM #13Web Hosting Master
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We do not respond to legal threats. If someone is persistent about it, we give them the name and number of our lawyer and ask that they reciprocate. No one has ever bothered
Jay Sudowski // Handy Networks LLC // Co-Founder & CTO
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12-07-2006, 05:45 AM #14Web Hosting Evangelist
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Originally Posted by Nick H
The best way is just to be civil about it and answer like the OP a2b2 did.█ IceBlueHost | Premium Quality Hosting Solutions
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12-07-2006, 06:38 AM #15Invented the Internet
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Originally Posted by Jay Suds
--Tina||| 99.999% Uptime SLA!!!
Plenty of space and bandwidth to fit your needs!
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12-07-2006, 06:39 AM #16Web Hosting Master
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Cheers for all the feedback time to put this a templated reply into Kayako
Russ Foster - Industry Curmudgeon
Freelance Sysadmin for Hire - email vaserv@gmail.com
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12-07-2006, 08:57 PM #17Web Hosting Master
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Originally Posted by AH-Tina
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12-08-2006, 12:16 AM #18Web Hosting Master
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Originally Posted by AH-Tina
Geez, some people. Guess we will have to rethink that oneJay Sudowski // Handy Networks LLC // Co-Founder & CTO
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12-08-2006, 12:45 AM #19Web Hosting Master
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I did have a client contact me with a warning of litigation once from his attorney. It was over a $3,000 refund for a year's worth of service he was not happy over (the guy had no clue what to do and his business was failing so he had to blame someone) but he burned all that up having his attorney write legal documents picking apart my site and TOS. I sent his attorney the check and from what I hear he got maybe $100 at most.
Matt Armour
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