Web Hosting Talk : Web Hosting Main Forums : Running a Web Hosting Business : Breaking out of a contract

[WildWayz]

Hi ya, I am not too sure if this is the correct forum to post this, but I am in a nightmare situation.

Last week you may have read me mention that I have had no problems with *****s (had a dedicated server with them since start of December).

Well, on Friday I had the server upgraded to RedHat 6.2. I also requested that the latest versions of PHP, MySQL, Apache and Perl to be installed at the same time. They said it wasn't a problem.

Anyway, when the server was done they had not installed the latest software I requested.
Not a big problem, as I can install them myself - but I still emailed them.

When I re-set up my domains, all of them were fine apart from two - which was odd as I had set them up the same as the others.
All that was coming up was a default apache page - so I changed the default apache page to my own custom one - and low and behold, those domains STILL were showing the old default apache page.

So then I telnetted into the server and used Lynx to view the domains - They came up fine - which makes me think that it is a problem when they set up the server/nameservers as I had set them up fne my end.

I have emailed *****'s Systems Administrator who carried it out every day since Saturday about this, and I get no reply.

When I email the generic support people they tell me I need to hire a support technician to look at the problem - a problem which I have not created!

I am so furious with the whole situation, but I have a 1 year contract with them.

Is there anyway I can break out of this contract without being sued?

Regards

James Kapherr

NOTE: the page I get is http://www.borntokillmod.com = that is the default apache page I get.
MY default apache page is found here http://www.game-control.com - notice the difference?
At the same time as my server being upgraded, my reseller had his done - so I think the IPs were mixed up somehow and it is pointing to his server.

[Edited by WildWayz on 02-21-2001 at 02:30 AM]

[kunal]

hmm.. I aint no lawyer, but I think you could ask them to cancel your account, on the basis of bad service? Since, this is something you havent caused, and I dun think some one or anyone would charge you for such a lil thing.

[dvaeorn]

haven't you heard about the EXTREMELY bad servive from *****?

look here:
http://www.forumhosts.com/hosts2.htm

[Synergy]

From my past experiences just cancel your credit card and get another one if you are paying by credit.

[dektong]

Originally posted by Synergy
From my past experiences just cancel your credit card and get another one if you are paying by credit.

I don't think it will solve any problem, since ***** still can nail you down based on the contract. Also doing this will make your credit goes really bad....

I will try to break the contract based on bad service... but I think it's tricky to do so....

I feel really sorry for you! Hope things get better...

cheers,

[WebReb]

Don't expect a reply to your e-mails to *****. The reason you will not get a reply is that they don't care about their customers. That's right, they only want your money.

To *****, a customer is actually just some numbers that represent another entry in a ledger book. They don't care if you ask for your money back either, because they know it's likely that you do not have the lawyer-power to go up against their lawyer-power. And that's not meant to be a knock against lawyers. Some of my best friends are lawyers.

Eventually, companies like ***** will get crushed and pulverized under the weight of their very own policies and mistreatment of their clients. It's bound to happen.

Unfortunately they are just one company among a multitude of others who treat their clients just as poorly.

[Synergy]

But but but back then ***** was considered "the bomb?" and they have been going down drain after they got their own servers. Am I correct?

[ci info]

If there are any class action or individual law suits against ***** and individuals would like information that could aid the pursuit of justice against this company, Please contact. I am a previous employee and could offer insight.

[MSW]

Originally posted by Synergy
From my past experiences just cancel your credit card and get another one if you are paying by credit.

ALthough this may be true as far as not paying, you are still obligated with the contract. Just because you don't pay does not mean you don't owe the money.

You need to check the terms of the SLA and see what the out clauses are. Unless I had a copy of the contract in front of me, I couldn't speculate.

But just cancelling the card is not a good way of getting out of a contract. It is just a means to stop paying.

[projo]

You need to cancel your card. Or, maybe better, report it lost and force a number change. (Reporting it lost may be better because loosing your card is not a deliberate act to break the contract) If you do not then as soon as hostilities begin with ***** (maybe before) you will find extraneous charges made on the card. They started charging me $30 extra and I couldn't get them to explain why. After I successfully canceled my account (and they acknowledged the cancellation) they still tried over a dozen time to add charges. Lucky me I believed a post like this from someone else and had already reported my card lost. Their last charge attempt was for almost 3 times a quarterly amount. They stopped trying after about a month. The cancellation notice was the only reply I received from many emails. They have too many accounts to give any one much attention, IMHO.


Cancel (lose) your card NOW and if you feel compelled pay monthly by check whether they say it is an option or not. If not much money is involved I would consider breaking the contract or violating their restrictions (not bandwidth but one without an associated charge). However I am not giving you legal advise.

If you are not legal age (and many here are not) the contract is probably not binding. Check with a lawyer.

Gary

[FiredogUT]

What projo is telling you to do is fraud and can mess up your credit for life. DO not do it. Also this in no way breaks the contact you have with the host compnay.

Damn. DOES NO ONE KNOW THE LAWS!!!!!!!!!!!!

If you stop paying for the hosting service the host can do this...
1)cancel your hosting account untill bills are paid
and
2) keep charging you untill the end of the contact.
and
3) have a company go after you for what you owe. if you do not pay you can be sued and will lose.

Here is what you should do
Call your credit card comapny up. Tell them that you bought hosting from a comapny and you belive they are not fullfilling their end of the contract. Here is what the credit comapny will do (discover, american express, mastercard and visa all due this)

1)tell them you do not authroized any more charges. they will not allow the host to make any more charges
2)your credit card company will have a team look into the matter
3)while this is going on you should get a credit for charges made on you card by the host
4)They will contact a host and ask to see a copy of everything dealing with you, contract, e-mails,......
5)they will ask you the same thing (KEEP all e-mails you send and get, I hope you have a print out of your contact. if not get one.)
6)they will decide who has broken the contact and who owes who. If they side with you you will be paid back all the money that has been charge to your card (after the time the breach of contract happen. before the breach you still have to pay). If the host will not pay the credit card company will pay you and send a bill to the host. at this point it is now between the host and the credit card company.
If the credit card company sides with the host you will have to pay for all the back payments and you still be under contact with the host company.

...........

[FiredogUT]

Now about another point.

also from what projo said
"I would consider breaking the contract or violating their restrictions (not bandwidth but one without an associated charge). "


with most host comapnies if you break the terms of service they can cancel your account but do not refund money.

what you have to do is find something they did wrong. up time below 89.9% (as they say you geta full refund), if they break the TOS in any way then it is null and void and you can then get out of the contact.

if you can't get out that way find out how much the fee is to break contact. if it's not to much pay it and get out


ok i have typed way to much.....hopes this helps

[Seer]

How about loading up the server with some pornography? That should have some effect, right?
IRC? A "***** Sucks" page?

Accounts may be terminated that include the following content or which have links to the following content:

Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual

Displaying material containing obscene nudity or pornographic material

Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities

Yeah, I removed some, I wouldn't want to suggest those even for this case.

[Honu]

Aloha,

do not cancel your card this is like you are guilty and running .
I am not a lawyer my brother is though
and I think I am smarter than him (except he can spell heheheh)

but listen call your card company tell them the story that you signed up in "GOOD FAITH" that your account would be taken care of blah balh
read firedogUT post he is on line with this

then make sure your card co understands that they 'DID NOT RESPOND TO YOUR EMAILS"
have your header info they will have to have there header info to prove any dates .
This can help not a for sure but will give you some digital trail

try to get out of it on the fact they say that
on this page:
https://www.*****.com/?zone=support/terms
they say this

Cancellation

***** reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ***** if ***** institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)


so if they say this and you did not abuse your space or wahtever then they owe you the money

if you did abuse the space then make them show you the proof
then start the game over again

there is a law loophole I have known about in contractual law (took it in school been 20 years though)
that if a contract is broken on one side for stuff it can not prove then you can walk from your half or somethign like that
can not remember how it applies but best of luck