you have just had an experience with a customer from hell.  Approximately 5% of all customers are customers from hell.  Your defining moment of truth is his signature on your contract, which if you are not a dunce, yhou have one and it covers eventualities such as you describe.  If you do not have a contract, download his shitty little site on a disk and send it to him, then write off the 76 bucks and go on with your life.  Your life will improve when you don't deal with lowlifes.  But put him in collection.
Michael L. Dean
SourceView Corporation
P. O. Box 4713
Walnut Creek, CA 94596
925.372.8439; fax-925.372.3841 (after 10pm PST)
[EMAIL PROTECTED]
 
International service provider for:
1. Internet access, email, efax, news feeds, web hosting;
2. Certified and Bonded Domain Name Registration & Management;
3. Marketing, market research, public relations and press management;
4. E-Commerce Website creation, development & management;
5. Software Programming and Development
 
 
----- Original Message -----
From: Nick Svab
Sent: Friday, October 27, 2000 10:55 AM
Subject: Re: Off Topic - termination of website, overdue account

If you give him the files, you lose $76.  Talking to a lawyer these days cost $200/hr.  You can write off the $76 and get rid of a headache - he's not worth it.  If you give him the files, he'll most likely go away quietly and you can better service your good clients.
----- Original Message -----
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

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