Careful on this advice only because if the person had paid any previous
money to the company, there could be problems with simply getting rid of
their data or closing their web site. If they never gave any remuneration
(cash, time, cows, whatever) then you own everything you made. Again, check
with your attorney. Being in business is a learning process. Lessons from
the pros cost money. That's my 2 cents. :)
Play it safe and give them a zip of their site. Document that you are doing
it so that you can prove in court what you did. Documentation is the key to
courts. Leave a paper trail. Email trail is good, too, but nothing beats
paper. Keep your own backup of their site and data just in case.
At the same time, put into the document that you consider the case closed
and that by accepting the data, he does, too. If you can find some way to
get him to sign a paper attesting to this, and you are golden. He has just
signed a document you can use when trying to get back your money.
Mark Lieb
ArrowUp.com
Sites from $375!
http://www.DomainSiteBuilder.com
1-708-763-0472 (voice)
1-425-930-4390 (fax)
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of ecs
Sent: Friday, October 27, 2000 2:16 PM
To: Mike Kovacich; [EMAIL PROTECTED]
Subject: Re: Off Topic - termination of website, overdue account
I agree with him that the content belongs to him.
However, that is all I agree with in his claims.
I would delete the content from the server. He has not paid for it to
remain on the server, therefore he has no right to demand that you keep it
on your server, using your resources. If it is not on your server, you can
not make it available to him nor anyone else.
Nor does he have any right to demand that you transfer the content anywhere
else. I don't know what your contract states, but ours states that we are
leasing server space and bandwidth only, and that the account will be
removed in the event of non-payment. We also state that we provide server
back ups in event of a server failure, but it is the client's responsibility
to back up their own sites. We offer to restore a client's site from
server back up for a fee of $100.00. We explain in the contract that if
the problem is caused by us or our equipment, we pay to restore the site to
our server. If the problem is caused by the client, then the client pays to
correct the problem. Needless to say, we don't receive many requests to
restore a client's site.
We also turn bad debt accounts over to our attorney for the unpaid hosting
fees.
It's rare that we collect, but it does go on their credit report.
----- Original Message -----
From: "Mike Kovacich" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, October 27, 2000 12:02 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
>
>
>
