I'd zip up his directories and send it to him on a CD or something. He can
let his overpriced contractor figure out how to put it back on his new site.
I agree that the data is his and you shouldn't withhold it. I also agree
with you that it would be inappropriate for you to grant him FTP access to
your systems. If you withhold his data, then I think you set yourself up
for problems if it does indeed go to court. By giving up his data (and
promptly turning his account over for collection!), you can reasonably argue
that you didn't hold anything of his hostage.
Frankly, for an $80 outstanding balance, if he was that troublesome, you'd
probably get off cheap to give up the data! In the long run you're better
off since he's not a customer you want to keep.
Regards,
Eric Longman
Atl-Connect Internet Services
+-------------------------------------------------------+
| Atl-Connect Internet Services http://www.atlcon.net |
| 3600 Dallas Hwy Ste 230-288 770 590-0888 |
| Marietta, GA 30064-1685 [EMAIL PROTECTED] |
+-------------------------------------------------------+
----- Original Message -----
From: "Mike Kovacich" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, October 27, 2000 1:02 PM
Subject: Off Topic - termination of website, overdue account
Sorry for the off-topic subject but I have an issue that came up of
importance
to ISPs who host websites and it is domain registration related.
We recently terminated an account who got hosting and dialup services from
us.
Many friendly emails were sent, phone calls with promises to pay the overdue
accountand re-faxing the invoice, termination was the final remedy. I
thought as
a service provider I have the right to do. No payment, no service. I feel I
am
not obligated to provide or continue to provide internet services with a
customer in bad standing. In the past when we lost a client to another ISP,
we
have in the past assisted the process when the account was paid in full.
Rather than paying the amount owing he decided to move the domain to another
ISP. We disabled FTP access and email access to the domain and dialup access
immediately upon finding out his desire to move the domain. We did not hold
back
transfer of the domain, we responded within 12 hours after receiving the
request
for transfer from Netsol as we were the administrative contact on the
domain.
He claims since we terminated the account, we should pay for moving his
domain
Netsol charges, and loss of business. By the way the site has been moved for
a
week and the site is still unreachable at the new ISP. He claims that he
owns
the data on our servers and we must allow him access so he or his new ISP
can
download his site. Apparently he did not backup his own website. We were not
paid or contracted to any site design or backup his business data, just
hosting
and dialup.
He is now also claiming that we are responsible for reconstructed his
website
for $5000 he says a contractor is charging and wants me to pay it. The site
was
maybe a $300 or $400 site. I have talked to a lawyer but I'm also trying to
research this further in case this comes up again.
He came into our showroom and was verbally abusive to me personally and the
business in front of two customers. I do not want to give him access to our
servers fearing he may attempt electronic abuse.
Is the data sitting on our servers, property of the ex-client who is trying
to
get out of paying $76.93. Are we responsible to give ex-clients access to
our
servers. Are we as ISPs responsible to backup and make available whenever
current or ex-clients want copies of their website ?
I was willing to let his new ISP get FTP access once the account is paid by
certified cheque only, and that the ex-client sign a form stating both
parties
are no longer under any financial obligation to one another. He refused to
sign,
I refuse to give him FTP access.
I do understand that ISPs cannot holdback domain transfers, we did not, but
are
we also responsible to for ex-clients poor business practices of not backing
up
their own website? I cannot believe a court of law is going to force ISPs to
keep files on all clients, in case the screw up and loose their data with
their
new ISP. This is not common sense but stupidity unless I'm missing something
here. Sorry for the length of the post, your comments are welcome.
--
Thanks,
Mike
