Web Hosting Talk : Web Hosting Main Forums : Colocation and Data Centers : How I beat ServerTweak

[dmst]

Hi All,

Here's a tip for all of you suffering under the new ServerTweak colo at Valley Exchange, Milpitas. It goes out to any other unfortunate souls who have been bullied by this incompetent and unethical company. I want to reach out specially to anyone whose servers were moved from HE in Fremont to this Milpitas facility without their consent. It happened to a lot of us, I'm sure.

1. File a ticket servertweak. com. Ask Ivan to put you on the list for physical access to your servers. He will specify "no removal" because he thinks he is smart.

2. Wait for the confirmation to come back from him, permitting access. This shouldn't take too long.

3. Show up to the facility, sign up, and get your badge. Make sure you have a copy of your contract with Ivan from the HE Fremont location, your initial quote and a list of all your equipment with original receipts.

4. Have security escort you to his rack where he stored your equipment.

5. Remove the equipment and put it in the wheelbarrow right there

6. Call the Milpitas Police (408) 586-2400. Speak Sgt Nobida, Ofcr Doyle, or Officer French. Tell them you are at Valley Exchange, Milpitas, 1656 McCarthy Blvd and that you need a "civil standby."

7. Take the equipment outside and wait for the Police. They should be there shortly.

8. If you all do this now, you can get out of your contract with Ivan. You see, he broke his contracts with each of you by moving your equipment from HE to Valley Exchange. If you want out, now is the chance.

Any questions just ask.

And oh yea, webhostingtalk.com is in possession of all the documentation for the above.

Thanks.

ServerTweak2

[RackPoint-Morgan]

LOL. Bravo. *claps*

[dmst]

Originally Posted by blackhawkit

LOL. Bravo. *claps*

*bows*

Thank you, thank you.

Big ups to my main man Police Officer Doyle #191 Milpitas Police Department!

[Ivan23]

You should rename this thread this, "How to Run Out on Your Contract and Commit Libel". People should remember to seek out facts vs. fiction. Everything that you have posted (even last night, which was subsequently deleted by WHT) has been recorded.

[dmst]

Originally Posted by Ivan23

You should rename this, "How to Run Out on Your Contract and Commit Libel". People should remember to seek out facts vs. fiction. Everything that you have posted (even last night, which was subsequently deleted by WHT) has been recorded.

<<snipped>>
<quote>
ServerTweak

Removing servers won't happen, you can say all you want. To remove servers you have to pay the cancel fee. Small claims if you disagree, but we hold your servers until then

Ivan Gonzalez
ServerTweak Networks, LLC
</quote>

Guess not, eh?

[Ivan23]

IMPORTANT NOTICE:
This message is intended only for the addressee and may contain information that is confidential, privileged and/or exempt from
disclosure under applicable law. If you are not the intended recipient, you may not use, copy, distribute or disclose any
information contained in the message. If you have received this message in error, please notify the sender by reply e-mail and delete
the message from your system.

[sirius]

Originally Posted by Ivan23

IMPORTANT NOTICE:
This message is intended only for the addressee and may contain information that is confidential, privileged and/or exempt from
disclosure under applicable law. If you are not the intended recipient, you may not use, copy, distribute or disclose any
information contained in the message. If you have received this message in error, please notify the sender by reply e-mail and delete
the message from your system.

When you check with your attorney, he'll remind you that those disclaimers don't hold any water.

Anyways... what's your side of this?

Sirius

[The_Dominator]

sad reading these types of post. what i dont understand is why enter in to long term contracts in the first place - to all out there go and find companies that give you month to month contracts on everything.
loyalty-by-contract doesnt work - the posts here are proof.
For that customer to go that far to get out of a contract you know he was upset -

[dmst]

Originally Posted by The_Dominator

sad reading these types of post. what i dont understand is why enter in to long term contracts in the first place - to all out there go and find companies that give you month to month contracts on everything.
loyalty-by-contract doesnt work - the posts here are proof.
For that customer to go that far to get out of a contract you know he was upset -

Hey Dominator,

So true. What I don't understand is, why is physical access or removing the hardware tied to the contract at all? After all, can I not just sign up for a service with one box? Two? Twenty? Then add or remove as I see fit?

How about it Tweak Man?

[Dougy]

Even if he broke contract (which I doubt), you can't walk in and take equipment out as you please.

[dmst]

Originally Posted by Dougy

Even if he broke contract (which I doubt), you can't walk in and take equipment out as you please.

Oh really? Why not?

[Dougy]

Originally Posted by dmst

Oh really? Why not?

Because you don't pay the datacenter to have your equipment there, he does.

[tws]

Originally Posted by Dougy

Because you don't pay the datacenter to have your equipment there, he does.

You sure about that? On the non-DC site of a co-lo, the customer is renting cage space, power, and bandwidth access. Are you sure equipment is involved?

[Dougy]

Originally Posted by twsepper

You sure about that? On the non-DC site of a co-lo, the customer is renting cage space, power, and bandwidth access. Are you sure equipment is involved?

If you are coloing your server with ServerTweak, then there's equipment involved. Correct me if I'm wrong?

[Nex7]

If the servers were purchased from ServerTweak, obviously you can't take them.

If you have receipts from when you purchased the equipment yourself, and are having them COLO them for you, then the only thing holding them there is the colo contract.

If said colo contract has some stipulation or expectation that the equipment would be colo'd in a certain space and he has subsequently moved to a whole other facility, sure, you've got reason to break the contract -- something you do with lawyers and courts, NOT by showing up and taking the equipment.

That said, if they moved you without your consent or notification, and provided no "since I'm moving you to some other place, you can get your stuff now if you wish" policy when they did the move, its already a "shame on them" sort of situation. Even in dedicated hosting you don't move someone's server from location A to location B without an out or other options, not because you can't, but because its going to piss off your customers as they may have very well had a good reason for liking the equipment where it was.

BTW

Originally Posted by Ivan23

IMPORTANT NOTICE:
This message is intended only for the addressee and may contain information that is confidential, privileged and/or exempt from
disclosure under applicable law. If you are not the intended recipient, you may not use, copy, distribute or disclose any
information contained in the message. If you have received this message in error, please notify the sender by reply e-mail and delete
the message from your system.

As Sirius said, these hold no weight.

Even better, have you READ your boilerplate? It specifically states "If you are NOT the intended recipient, you may not use copy distribute blahblahblah"..

I'm going to assume he WAS the intended recipient? Wouldn't that basically mean that (barring a pre-signed NDA between you two) you just GAVE him the right, AS the intended recipient, to do all those things?