Web Hosting Talk : Web Hosting Main Forums : Web Hosting : i2C - Internet Infrastructure Coalition : Rude Ex-Customer Loses Lawsuit Against Host

[Dave Zan]

Currently I can't find any online copy of the decision other than going through PACER. But I just read about that in a lawyer's blog I frequent:

http://blog.internetcases.com/2009/1...rude-customer/

The gist of it is the customer had an issue with the host, he left them a rude message, the host cut him off, he sued for breach of contract, and lost. The judge cited the host's clause for doing so if "abuse" occurs.

So hosts and clients, there's your cue. Be...polite, no matter how frustrating things can get.

[MikeDVB]

Interesting indeed - as long as there's no reason to rule the contract as unfair or illegal I don't see why it wouldn't stand up

[Mike - Limestone]

Very interesting. Do you know of any other relevant case law in the hosting environment?

-mike

[larry2148]

I think very few people actually go through with the lawsuit so probably not much case law. It's certainly interesting to see though. Good for the host for dropping customers who are abusive to the staff though.

[akirah]

I agree, I think only a few even bother taking that big leap. Since it could be time consuming not to mention the money you have to spend. But that should serve as a lesson to all..

[Mike in FL]

Originally Posted by Dave Zan

The gist of it is the customer had an issue with the host, he left them a rude message, the host cut him off, he sued for breach of contract, and lost.

That's not what it says. He was cut off for non-payment, then made it worse by shooting his mouth off and threatening to sue, like a typical dirtbag.

Another moron that thinks calling a lawyer is a replacement for thinking. The host is much better off without a piece of trash like that as a customer.

[Ryan - HostATree]

Originally Posted by Dave Zan

So hosts and clients, there's your cue. Be...polite, no matter how frustrating things can get.

Haha, well said.

[TonyB]

Seems reasonable and makes sense you do not pay and then you start threatening employees of the company they're probably going to terminate you. I really cannot believe the guy actually sued.

Of course if the person who did this posted on WHT about how his host terminated them the WHT wolves be all over that to say x host was wrong. They'd be saying give the user another chance they were under a lot of stress and they'll pay!

[PYDOT]

I think I will add that to my TOS as well "not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise … any employee or contractor of [defendant].”

We once had one client, that signed up and the most important think for him was 24 hours support. After only being a customer for 2 days he went to the chat at night and it he waited 8 minutes online. Still have the logs.

He then left a voice mail with the F*** word and that we should die in hell for not taking this call and some other nasty things. He was really, really angry and he insulted as much as he could, he basically screamed over the phone. Next thing, 3 minutes later a PayPal dispute came in.

We called him right away to his home, he never expected that, he was so cool on the phone, it did not even sound the same person, he excused himself several times, and said he was just angry because nobody got his call and he waited (for the first time). He even cancelled the PayPal dispute but we sended the money back and closed his account. He was so afraid when we said we had the recording. Not sure what he thought we would do with it but anyway he became another person.

Im not willing to tolerate that kind of behavior, it doesnt matter if its a 1000$ account, neither for his 5$ account. People think because they pay they can thread you like garbage. People on the other side are humans, not their slaves. Some people dont even deserve to be entitled to make online purchases at all or to have business relationships.

It usually the ones that look for the cheapest out here that normally are the ones that demand the most incredible service and expect to have a Google datacenter for a few cents. Its always the same, cheap services attract low life clients. Thats why being to cheap isn't always the best, unless thats the market you focus.

[PYDOT]

Originally Posted by Mike in FL

That's not what it says. He was cut off for non-payment, then made it worse by shooting his mouth off and threatening to sue, like a typical dirtbag.

Another moron that thinks calling a lawyer is a replacement for thinking. The host is much better off without a piece of trash like that as a customer.

The people that say they are going to sue you are just big mouths. If someone is going to sue he/she doesn't give pre warnings, they just make the call directly to his lawyer.

Even so, if someone is clever, there is nothing that can be resolved with a decent chit chat. How many lawsuits and $$$ would be saved if someone just sits for 20 minutes with someone and a nice cold beer.

[MikeDVB]

Originally Posted by TonyB

Seems reasonable and makes sense you do not pay and then you start threatening employees of the company they're probably going to terminate you. I really cannot believe the guy actually sued.

Pretty humorous if you ask me - I wonder if he had to go through a few lawyers finding one willing to sue.

Originally Posted by TonyB

Of course if the person who did this posted on WHT about how his host terminated them the WHT wolves be all over that to say x host was wrong. They'd be saying give the user another chance they were under a lot of stress and they'll pay!

Definitely, it's all about looking good to potential customers here on WHT for many providers.

Originally Posted by PYDOT

I think I will add that to my TOS as well "not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise … any employee or contractor of [defendant].”

Ours has something to that effect but I don't believe it is *that* specific... However being a legal document I wouldn't want that provision tossed out due to being too vague or unspecific so it's something I'll definitely have reviewed as well.

Originally Posted by PYDOT

It usually the ones that look for the cheapest out here that normally are the ones that demand the most incredible service and expect to have a Google datacenter for a few cents. Its always the same, cheap services attract low life clients. Thats why being to cheap isn't always the best, unless thats the market you focus.

This is definitely true - and why I feel so very sorry for hosts that market themselves as the "cheapest" providers...

Originally Posted by PYDOT

The people that say they are going to sue you are just big mouths. If someone is going to sue he/she doesn't give pre warnings, they just make the call directly to his lawyer.

You are right and they would probably be the ones that would only actually do so if they had legal standing to do so. I see the suit discussed in this thread/that post as frivolous and a waste of time personally but hey - if he's going to pay the money let the man sue I guess.

[HIG-Jerry]

Interesting indeed, I have actually wondered about this in the past. Never had a really bad customer but had one that was rather rude. As someone already said though, it's best to just remain polite.

[Tristan Perry]

An interesting case Is good to see the host win this; there really isn't any real ground (IMO) for the customer to have bought a law-suit.

Originally Posted by PYDOT

I think I will add that to my TOS as well "not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise … any employee or contractor of [defendant].”

We once had one client, that signed up and the most important think for him was 24 hours support. After only being a customer for 2 days he went to the chat at night and it he waited 8 minutes online. Still have the logs.

He then left a voice mail with the F*** word and that we should die in hell for not taking this call and some other nasty things. He was really, really angry and he insulted as much as he could, he basically screamed over the phone. Next thing, 3 minutes later a PayPal dispute came in.

We called him right away to his home, he never expected that, he was so cool on the phone, it did not even sound the same person, he excused himself several times, and said he was just angry because nobody got his call and he waited (for the first time). He even cancelled the PayPal dispute but we sended the money back and closed his account. He was so afraid when we said we had the recording. Not sure what he thought we would do with it but anyway he became another person.

Im not willing to tolerate that kind of behavior, it doesnt matter if its a 1000$ account, neither for his 5$ account. People think because they pay they can thread you like garbage. People on the other side are humans, not their slaves. Some people dont even deserve to be entitled to make online purchases at all or to have business relationships.

It usually the ones that look for the cheapest out here that normally are the ones that demand the most incredible service and expect to have a Google datacenter for a few cents. Its always the same, cheap services attract low life clients. Thats why being to cheap isn't always the best, unless thats the market you focus.

Sorry to hear about that, but glad you got it sorted

Yes, people can be very different in person compared to their online attitude at times. "Keyboard warriors" and all that.

[ZKuJoe]

LoL, I amended my TOS a few months ago due to clients getting confrontational with my staff and other members on my forums.

COMMUNICATIONS
During the course of any communication with staff or other members, you must make all attempts to remain professional and respectful. Violation of this regardless of the chat medium used may result in termination of your account.

[maniakaz]

Good to hear rude person was punished. A nice signal for all "i will rape you all after suing"...but what about webhost's staff? What if they tell to annoying customer - "get the &%$* out" and the customer sues?