Serious Matter. Is anyone else being SHAKED down for THOUSANDS by Jupiter Hosting?? - Page 5 - GoFuckYourself.com

boneprone · 12-20-2008, 01:38 AM

Quote:

Originally Posted by Brad Mitchell

Nice thought but completely invalid here. next.

Yeah thats what I thought.

Jdoughs · 12-20-2008, 01:41 AM

/checks off 3 points for Brad Mitchell and Mojo.

Nicely put.

Brad Mitchell · 12-20-2008, 01:42 AM

For the record here, it is at least my opinion that Poppy got hosed no less than the customers post-sale. He was being a good company soldier, of all people he has always practiced business with the utmost integrity - no different then he does today.

Poppy was an excellent conduit to support for his customer base while he was at Jupiter and a very knowledgeable sales representative. My only regret is that I wasn't able to snap him up for MojoHost before he moved on to L3. The timing just wasn't right then.

Brad

d-null · 12-20-2008, 01:43 AM

thanks for taking the time to post that Brad, it is a good heads up not only in this business but for all of our business dealings

icymelon · 12-20-2008, 01:44 AM

why pay 4 months if you dont have a contract? did the original contract say it renews each year for another 12 months and you canceled midyear?

onlymovies · 12-20-2008, 01:57 AM

Being "friends" in this business with people adds a new layer to a business deal. It brings the contract to a new level. Sure it's business and sure the contact can state anything it wants..no matter how silly it is.

But the fact remains that if there's a clause in the contact that I will need to pay 1 year worth of fucking hosting after I cancel, i expect to told up front. I would think something THAT significant is BEYOND the fine print for a "friend."

boneprone · 12-20-2008, 01:57 AM

Quote:

Originally Posted by Brad Mitchell

STOP

Do I have your attention yet?

Seriously, you as the reader, are you here for kicks or to get business done?

If you've got any interest in this thread or subject, take 5 minutes to read my post.

I could probably rant here for pages but since the attention span here on GFY is shorter all the time I'll do my best to be brief. I've already engaged my legal counsel several times on behalf of friends and clients regarding Jupiter Hosting (NaviSite) and their contract for providing service. Before I share my thoughts, however, I need to bitch at every single one of you for some minutes....

It's not the Wild West. It never was. You all just drink too much at the tradeshows and have been spoiled by the prevalent informality of our industry over the last ten years. One way or another, many of you who were spoiled pre-contract kind of got what you paid for in the long run.

Even if you are hypothetically the recipient of bad service with NaviSite, you have precarious cancellation rights.

This is just business. The contract that was executed by hundreds uses standard terminology, clauses, fees, penalties and limitations of your rights. Contracts are no different from any carrier, data center or other hosting company that has clients execute such agreements. Don't believe me? Read what you might have signed from Cavecreek, National Net, Equinix, Switch and Data, Cogent, Level3 - any contract whatsoever for hosting, bandwidth or co-location service from anywhere. Although there might be some slight variances, any contract worth a sh!t will AT LEAST include the following:

1) A requirement that formal notice be provided within X days of renewal.
2) An automatic renewal for successive periods, typically 12 months at a time, if notice is not properly given as required.
3) That any cancellation does not relieve you from the full liability of the contract. By my observance, about half of the agreements out there actually accelerate the damages/fees to being immediately due.

......and much, much more.

They have all of the rights, that is the purpose to having a contract executed. Are you all blind? Jupiter was bundled for sale with a valuation based on it's assets, liabilities and contracts in place for continued service. This is why there were excellent promotions at the time which required a 2 year term contract - it increased Ray's multiple (the valuation). And good for Ray, seriously, all of you who were friends with him at the time should be pleased that he had a successful exit. Shame on you for suggesting he did a bad thing - you signed the contract and furthermore, he had no way of knowing how the new owner would truly handle service and support post-sale.

Suggesting this is Ray's fault is NO DIFFERENT or less absurd than a minor's parent bitching at you for what their kids are surfing online in their home. Personal responsibility, people. Dude wanted to retire or move on, good for him, this is how business evolves.

You didn't read what you signed, perhaps you never do. If this is the instance that learns you the life and business lesson which helps you on some future business decision, great. Let's at least make the glass half full here, everyone needs to learn this business lesson. There's no 'bro' club when it comes to contracts. When you sign, the paper (unless properly disputed legally) is the final word and if terms aren't met then you're OWNED. All contracts worth a sh!t immediately make void/null any previous or future verbal agreements and will establish themselves as the deal authority.

NaviSite is a 100+ million dollar business. Yes you have been turned over to a real lawyer. Before it got to them, it was at a real collection agency which likely put it on your credit report. As previously mentioned in this thread, they are counting on a default judgement or to win in a court of law. What? You don't think a lawyer will do an hours work on the phone in advance and take 2 hours out of his day for a brief court appearance to make a few K? LOL By virtue of the fact that you are already this far along in the process you have already been reduced to statistics and probabilities - totally worth their time.

Everyone's first response to something like this should be to contact an attorney if they don't plan on paying the bill due to either hardship or disagreement.

OK, now that I've brow beat all of you - just know that it's out of love. Here is what else I have to say:

1) Hands down, based upon what I have been told, NaviSite *may* have abusive collections practices. I've had stories recanted to me of people who were sworn at, hung up on, threatened inappropriately.

2) It *may* be a common practice to obfuscate the cancellation process. I say may, but I've already worked with several people where this has been by all appearances true. I have had multiple clients given the run-around. One of which even gave proper notice on one server prior to the 45 days and then a short while later on the other two servers and was STILL coerced into paying for future service where it was clearly not reasonable.

3) If you are not in arrears with NaviSite and are a co-location customer you HAVE THE RIGHT to have your equipment shipped to another host. Contractually, you're still on the hook for your term but if you're exiting don't allow them to falsely suggest otherwise. (I also watched this scenario play out).

4) There might be some instances where they DO NOT HAVE PAPERWORK. I strongly suggest that even if you have maintained a copy of your contract that it not be shared. They have been known to be in pursuit of some debts for which they have no documentation on file.

Brad Mitchell

And with that said, lesson learned.
Good night people! This has for the most part been concluded.

When I first started this thread I had no idea what was going on. Didnt understand this complex contract was a "Renewal" of a contract from 4 years ago that renews every October. I learned that much now. It was in the contract, its legit, im the fucking idiot for not reading it. I get it.

I can still blow off some steam and be pissed. And I can do it here. Its what GFY is all about. IM done with that now too. Wheew, I feel better.

I dont have any hard feelings now with the previous Jupiter owners or staff. Its all good. I really dont think they used this contract to on purpose shake me down for cash when I wanted to leave them.

With that said Ill continue to say this, Navisite is fucking shady. Contract or no Contract to shake down a client for money after leaving them, after never missing a payment, after spending years promoting them to the Adult Webmaster Community is just plain shady. Shake me down for a server I gave them notice on that I would be leaving and was paid in full prior to leaving.

Yes I should have read the contract... Yes this is my own fault. And yes I will be taking care of it. And Yes I did learn from it. But man this is just shitty.

Sorry I cant put it in such well spoken words as Brad did. But this is just shit plain and simple.

boneprone · 12-20-2008, 02:02 AM

Quote:

Originally Posted by onlymovies

Being "friends" in this business with people adds a new layer to a business deal. It brings the contract to a new level. Sure it's business and sure the contact can state anything it wants..no matter how silly it is.

But the fact remains that if there's a clause in the contact that I will need to pay 1 year worth of fucking hosting after I cancel, i expect to told up front. I would think something THAT significant is BEYOND the fine print for a "friend."

You would think.

LOL. I almost feel like a surfer. One who missed those small hidden pre-checked sales at signup.

Brad Mitchell · 12-20-2008, 02:06 AM

Quote:

Originally Posted by boneprone

Sorry I cant put it in such well spoken words as Brad did. But this is just shit plain and simple.

Dude, it can be summed up quick and you did just fine.. it is really fucking shitty. The whole situation.

I've been pretty bent about what's happened to people, clients, that's why I've invested myself a bit and interjected myself in a few situations - even paid a some legal bills.

I wish everyone luck. Anyone that wants to chat about this, shoot me an email or send an ICQ and I'll get back to you first part of the week. Corey and I will also be in Vegas, anyone that would like his contact information simply send me an email and I'll do an introduction.

Best,

Brad

BusterBunny · 12-20-2008, 02:10 AM

Quote:

Originally Posted by boneprone

Even the old Jupiter guys. Shit Im pissed but I dont think they meant for this to happen. Not to me anyhow. We go back way too far...

you had me til this...hopefully you would be angry if it happened to anyone not just you...i wish you luck tho

boneprone · 12-20-2008, 02:13 AM

Quote:

Originally Posted by BusterBunny

you had me til this...hopefully you would be angry if it happened to anyone not just you...i wish you luck tho

I honestly dont think the old owners of Jupiter put this in the contract to shake clients down for cash if they wanted to leave. It had to be in there to protect them. From large clients etc from not paying them and leaving them without notice, etc. Not from someone like me with a single 10mpbs old p4 server.

Navisite just seems to be abusing this.

darksoul · 12-20-2008, 02:20 AM

Hey man,
I've been in a similar situation and got it worked out.
This was with a phone company and this was the time when I learned that
most contracts have this auto renewal clause and the x days termination notice
and they can fuck you for it if they want to.
The way out was the "abusive terms" each Consumer Protection Act has.
Basically a lot of the terms in a contract are abusive and you can dispute that in court
if necessary and have them turned in your favour.
Just read up on the existing laws, it will be entertaining and you'll learn a lot.
What I did was select a few points in the contract which I considered abusive and told them that
"I find the following terms abuse according to Customer Protection Act ...,
I consider this discussion closed and if you want to have this points proved in court just go ahead and send me the papers"
Funny thing is not only did they chilled down but they even paid me a month of service back.

Do not get scared about their tactics, thats what they do for a living.
As a good customer the courts will most of the times rule in your favour.

boneprone · 12-20-2008, 02:22 AM

Quote:

Originally Posted by darksoul

Hey man,
I've been in a similar situation and got it worked out.
This was with a phone company and this was the time when I learned that
most contracts have this auto renewal clause and the x days termination notice
and they can fuck you for it if they want to.
The way out was the "abusive terms" each Consumer Protection Act has.
Basically a lot of the terms in a contract are abusive and you can dispute that in court
if necessary and have them turned in your favour.
Just read up on the existing laws, it will be entertaining and you'll learn a lot.
What I did was select a few points in the contract which I considered abusive and told them that
"I find the following terms abuse according to Customer Protection Act ...,
I consider this discussion closed and if you want to have this points proved in court just go ahead and send me the papers"
Funny thing is not only did they chilled down but they even paid me a month of service back.

Do not get scared about their tactics, thats what they do for a living.
As a good customer the courts will most of the times rule in your favour.

I doubt that. I signed a contract I didnt understand. And actually still dont. Its sooo vauge. But its a legal document.
I got OWNED.

BusterBunny · 12-20-2008, 02:22 AM

Quote:

Originally Posted by boneprone

I honestly dont think the old owners of Jupiter put this in the contract to shake clients down for cash if they wanted to leave. It had to be in there to protect them. From large clients etc from not paying them and leaving them without notice, etc. Not from someone like me with a single 10mpbs old p4 server.

Navisite just seems to be abusing this.

k u know i love you even tho i don't know ya (least i hope so)...but i just wanted to make sure the common man isn't expected to take the shaft while others reap the beni's...i consider you part of the bro club (whether true or not) and just wanna make sure you aren't mad cause you got out bro'd or some shit

boneprone · 12-20-2008, 02:25 AM

Quote:

Originally Posted by BusterBunny

k u know i love you even tho i don't know ya (least i hope so)...but i just wanted to make sure the common man isn't expected to take the shaft while others reap the beni's...i consider you part of the bro club (whether true or not) and just wanna make sure you aren't mad cause you got out bro'd or some shit

Honestly I dont know what the fuck you are talking about.

jscott · 12-20-2008, 02:25 AM

1, Poppy,I love you, I know you were doing your job

2. Poppy, you promised me DDoS protection, you said in your own words "you'll sleep well at night" (weeks after that I was awake for 3 days straight dealing with DDoS attack, ALL my sites down etc)

3. U told me, "man we host GFY, deal with DDoS ALWAYS!" etc etc, earned my trust about that, and also thru friendship in person, I love you man, you're awesome guy!

BUT

After I seen the service was NOT there that I was promised, I contacted customer support at Jupiter for almost ONE FUCKING YEAR!! Asking if they could release me from contract, and I was NEVER attended to, I think even now to this day NOBODY from Jupiter/Navisite ever replied to me about my concerns about getting out out of Jupiter/Navisite contract, I wanted out, and I had no reply, If I were to ask how is the weather, they'd tell me, but ANYTHING to do with getting my sites OFF their servers I had no reply

..................... wait, Im just getting started, I need a smoke................................

mmcfadden · 12-20-2008, 02:26 AM

boneprone · 12-20-2008, 02:28 AM

Quote:

Originally Posted by jscott

1, poppy,i love you, i know you were doing your job

2. Poppy, you promised me ddos protection, you said in your own words "you'll sleep well at night" (weeks after that i was awake for 3 days straight dealing with ddos attack, all my sites down etc)

3. U told me, "man we host gfy, deal with ddos always!" etc etc, earned my trust about that, and also thru friendship in person, i love you man, you're awesome guy!

But

after i seen the service was not there that i was promised, i contacted customer support at jupiter for almost one fucking year!! Asking if they could release me from contract, and i was never attended to, i think even now to this day nobody from jupiter/navisite ever replied to me about my concerns about getting out out of jupiter/navisite contract, i wanted out, and i had no reply, if i were to ask how is the weather, they'd tell me, but anything to do with getting my sites off their servers i had no reply

..................... Wait, im just getting started, i need a smoke................................

so with that said, how much are these mother fuckers trying to shake you down for??

DollarKing · 12-20-2008, 02:28 AM

So now you are in the clear about the whole thing and realise you have to settle up after all so its a case of all's well that ends well and no hard feelings especially if a rep of jupiter asked you out for a few drinks and a laugh about it all.

BusterBunny · 12-20-2008, 02:29 AM

Quote:

Originally Posted by boneprone

Honestly I dont know what the fuck you are talking about.

i get that alot...again good luck i don't like seeing anyone get scewed

boneprone · 12-20-2008, 02:34 AM

Quote:

Originally Posted by DollarKing

So now you are in the clear about the whole thing and realise you have to settle up after all so its a case of all's well that ends well and no hard feelings especially if a rep of jupiter asked you out for a few drinks and a laugh about it all.

Not exactly....
But im not really that pissed at the old Jupiter.. Its the new... Navisite...

Jupiter did treat me real well. They were family. I had Free servers with them too..
This was the only paid one on contract.

They hooked me up and well. Navisite would have no part of that.

jscott · 12-20-2008, 02:35 AM

Quote:

Originally Posted by boneprone

so with that said, how much are these mother fuckers trying to shake you down for??

My last bill from them said I owed them approx $6,700, this is from a $300/month hosting plan, and I paid on time EVERY time.

I was warned that they'd suspend my hosting so ASAP I wanted to move my sites off their servers, I was given no help, no SSH, I had to move the sites over 1 by 1, via FTP, it was a LONG and shitty ass situation

I was trying to talk with them about arranging some kind of agreement, I pay x amount, get me FAR away from them and their shitty services, but then they'd only reply "pay now, pay now, pay now pay now pay now" blah blah blah

.....................

darksoul · 12-20-2008, 02:35 AM

Quote:

Originally Posted by boneprone

I doubt that. I signed a contract I didnt understand. And actually still dont. Its sooo vauge. But its a legal document.
I got OWNED.

Nope.
You have to understand they are two types of contracts. Negociated contracts which hold more value in courts and the ones of adhesion which you have no power over and they are ruled in the favour of the customer.

Quote:

The reasons the court gave for holding the EULA procedurally unconscionable apply to most EULAs. Even though the arbitration term was fully disclosed to consumers, the contract was one of "adhesion": an agreement imposed and drafted by the party with superior bargaining strength, which gave the consumer only the opportunity to accept or reject the contract, not to freely negotiate it. As a result, the customer's unequal bargaining power results in an absence of meaningful choice. The fact that the customers could choose a different carrier may mitigate, but not cure, the procedural unconscionability.

http://www.wired.com/politics/law/co...cuitcourt_0801

Just read up on abusive contracts and it will make more sense.

boneprone · 12-20-2008, 02:37 AM

Quote:

Originally Posted by jscott

My last bill from them said I owed them approx $6,700, this is from a $300/month hosting plan, and I paid on time EVERY time.

I was warned that they'd suspend my hosting so ASAP I wanted to move my sites off their servers, I was given no help, no SSH, I had to move the sites over 1 by 1, via FTP, it was a LONG and shitty ass situation

I was trying to talk with them about arranging some kind of agreement, I pay x amount, get me FAR away from them and their shitty services, but then they'd only reply "pay now, pay now, pay now pay now pay now" blah blah blah

.....................

So was this $7,000.00 they claimed you owed them part of the hosting you used and never paid them? Or was it after the fact. For leaving them and breaking this contract?

WiredGuy · 12-20-2008, 02:39 AM

Quote:

Originally Posted by boneprone

Anyone know if this is a legit point?
Ill bring this up to my Attorney Next week.

What you're looking for is the survability clause, its usually around the same area as the venue / locale for disputes. Don't count on it though, if a lawyer wrote the original contract, you can bet its in there otherwise every contract Navisite bought from Jupiter would be null and void. Navisite's lawyers would never have allowed the deal to go thru if that were the case.
WG

BusterBunny · 12-20-2008, 02:42 AM

Quote:

Originally Posted by boneprone

Not exactly....
But im not really that pissed at the old Jupiter.. Its the new... Navisite...

Jupiter did treat me real well. They were family. I had Free servers with them too..
This was the only paid one on contract.

They hooked me up and well. Navisite would have no part of that.

man dont say stuff like that...makes it seem like you are only mad cause you gotta pay instead of getting freebies that was my first point...in the end it's proly me getting the ban...again i'm on your side but geez

mmcfadden · 12-20-2008, 02:44 AM

Quote:

Originally Posted by mmcfadden

that is a good fuckin song

boneprone · 12-20-2008, 02:45 AM

Quote:

Originally Posted by BusterBunny

man dont say stuff like that...makes it seem like you are only mad cause you gotta pay instead of getting freebies that was my first point...in the end it's proly me getting the ban...again i'm on your side but geez

Did I just sell you out?

Haaa!

Someone ban this guy. He just spoke out about the establishment.

Yeah im burned by the whole situation. But not as bad towards old Jupiter as I was a few hours ago.

I just want to fix this. Put it behind me. Learned from it. Hope people here did too.

BusterBunny · 12-20-2008, 02:51 AM

Quote:

Originally Posted by boneprone

Did I just sell you out?

Haaa!

Someone ban this guy. He just spoke out about the establishment.

Yeah im burned by the whole situation. But not as bad towards old Jupiter as I was a few hours ago.

I just want to fix this. Put it behind me. Learned from it. Hope people here did too.

again no offense meant just wanna make sure you don't give anyone ammo to shoot at you cause this is a legit assfucking...props for speaking out cause this is gfy's host and you put yourself on the line with this thread

Ethersync · 12-20-2008, 02:55 AM

Quote:

Originally Posted by Brad Mitchell

4) There might be some instances where they DO NOT HAVE PAPERWORK. I strongly suggest that even if you have maintained a copy of your contract that it not be shared. They have been known to be in pursuit of some debts for which they have no documentation on file.

Ding! Ding! Ding!

http://www.gofuckyourself.com/showpo...&postcount=146

andy83 · 12-20-2008, 02:59 AM

shady business. hope they get owned by this economic situation

V_RocKs · 12-20-2008, 02:59 AM

Damn... Lesson learned...

#1 - There is NO Bro club when it comes to business.
#2 - Get it in writing. And read your copy before signing.
#3 - Don't pick the Bro club food over the other food. The best food never touched a Bro's hand.

This is why I am month to month on hosting. It is also why I don't do very much business with friends.

Side Note: I have a guy trying to sell me a house right now. Hard selling. Dude, houses lost 16% of their value from May to Aug. From Sept to now it is 4%... do you know what that means? Things are turning around. You gotta buy now!

Bitch, 2009 is going to make the current housing market look good!

KillerK · 12-20-2008, 03:02 AM

Brad you are an idiot

Webair, Righthosting, and OC3 do not have gay 1 year contracts.

I wanted to go with Jupiter because of Poppy, but the 1 year contract thing sucks, I got burned by that by Exodus back years ago. The only reason to lock clients to 1 year deals is because you feel they might find someone better. Most webmasters don't leave on price. They leave cause of poor service, reliablity, hardware...

KillerK · 12-20-2008, 03:03 AM

If they are charging you for 1 year of hosting BP, you might as well keep the server up then and use the 10 megabits, but notify them in writing you are cancelling now.

BusterBunny · 12-20-2008, 03:12 AM

Quote:

Originally Posted by V_RocKs

Damn... Lesson learned...

#1 - There is NO Bro club when it comes to business.
#2 - Get it in writing. And read your copy before signing.
#3 - Don't pick the Bro club food over the other food. The best food never touched a Bro's hand.

This is why I am month to month on hosting. It is also why I don't do very much business with friends.

Side Note: I have a guy trying to sell me a house right now. Hard selling. Dude, houses lost 16% of their value from May to Aug. From Sept to now it is 4%... do you know what that means? Things are turning around. You gotta buy now!

Bitch, 2009 is going to make the current housing market look good!

beautiful post

HorseShit · 12-20-2008, 05:16 AM

Quote:

Originally Posted by KillerK

If they are charging you for 1 year of hosting BP, you might as well keep the server up then and use the 10 megabits, but notify them in writing you are cancelling now.

You're the idiot here, you obviously did not read the thread at all.

rowan · 12-20-2008, 06:20 AM

Quote:

Originally Posted by KillerK

Brad you are an idiot

Webair, Righthosting, and OC3 do not have gay 1 year contracts.

I wanted to go with Jupiter because of Poppy, but the 1 year contract thing sucks, I got burned by that by Exodus back years ago. The only reason to lock clients to 1 year deals is because you feel they might find someone better. Most webmasters don't leave on price. They leave cause of poor service, reliablity, hardware...

When I signed up with Webair about a year ago I was presented with a 12 month contract. Just FYI.

directfiesta · 12-20-2008, 07:03 AM

Quote:

Originally Posted by baddog

Really? What host are you using that is listed with the BBB?

I need to put a seal of the BBB .... mucho dineros would then come in ....

Iron Fist · 12-20-2008, 07:14 AM

How long before someone starts quoting Brad Mitchells entire response.... in 3...2...1...

camgirlshide · 12-20-2008, 07:27 AM

I don't know wh there is so much trash talk about the BBB here. They can certainly help you with two things:
1. They can certainly tell you if there is a law against this kind of contract in your state. The cell phone companies have forced many states into filing laws against this. Look at the recent $1.2B class action suit against sprint and the recent, the $73M they already paid and the $21M verizon paid.
2. They can recommend a lawyer who handles this type of thing that doesn't charge outrageous rates.

You can also call your state bar association for a lawyer recommendation.

directfiesta · 12-20-2008, 07:31 AM

Quote:

Originally Posted by pocketkangaroo

Unless they have actually served you with a lawsuit, I wouldn't worry about lawyers. They can run around claiming you owe money all they want, it doesn't matter. Until someone shows up at your door to serve you papers, legally they are owed nothing.

Now I'd also keep a check on your credit reports. If this does show up, immediately dispute the claim with the credit reporting agencies. They will then have to show proof that you owe the debt. This is not always easy for a collection agency as they have to go back to the hosting company and get the details. They only have 30 days to do this.

Other than that, just wait. If it's not on your credit report and you're not being sued, it's not a problem. If you are getting a lot of calls, tell them to stop calling you. By law they have to do so.

Don't let fuckers like this push you around.

right 100 %...

And if you get served lawsuit, try to get it moved to your small claims court if within the permitted amount... They hate small claims court .

I used to get from Hollywood Studios some bailiff served cease & desist in amounts of 300K or more and would tell my secretary to file them away ... ( I would have bought Canadian rights from the producer to distribute a film in Canada, and The US distributor was claiming that Canada was domestic, so my contract not valid ... one famous was on a J.C. Van Damme movie, his first one . ).

Do nothing, don't call them, refuse call from them or their reps, IGNORE them.

BlackCrayon · 12-20-2008, 07:38 AM

If they weren't losing their ass I very much doubt they would be pulling such shit. I've left plenty of hosting companies before and never have encountered any kind of termination fee. I hope they go bankrupt.

fusionx · 12-20-2008, 08:13 AM

Any legit law firm will give you an hour consultation for free.

They'll review the contract and tell you what legal standing you have.

Then they'll explain your $$$ options. If there's a good chance for a counter suit your out of pocket would be less... etc..

I'd get off the board and get into a lawyer's office ASAP. The more you talk about it the more you expose yourself.

Quote:

Originally Posted by boneprone

What kind of Attorney do I need here.

People are telling me to lawyer up. Shit the only Attorney Ive ever worked with was a Criminal Defense Attorney.. He was expensive. And we went to trial and lost. (long story)

I dont think I need one of those guys. And I dont want to pay THOUSANDS for an attorney for this bullshit shakedown. (this is a shakedown no matter how you look at it)

What the process in getting an attorney? Last time I just asked around for who was the best. (it was to keep me out of jail)

This time I want something cheap. If im fighting over 9k, i dont want to pay 3k for an attorney.

What and how do I get one that can do the job for me?

jcsike · 12-20-2008, 08:22 AM

dude, you signed the contract back in 2003, back when bandwidth prices were nothing. and the one year thing was pretty much standard, its not like now when everything is dirt cheap

pay what you owe and quit bitching

Juicy D. Links · 12-20-2008, 08:32 AM

Quote:

Originally Posted by jcsike

dude, you signed the contract back in 2003, back when bandwidth prices were nothing. and the one year thing was pretty much standard, its not like now when everything is dirt cheap

pay what you owe and quit bitching

idiot

Brad Mitchell · 12-20-2008, 08:34 AM

Quote:

Originally Posted by KillerK

Brad you are an idiot

Webair, Righthosting, and OC3 do not have gay 1 year contracts.

I wanted to go with Jupiter because of Poppy, but the 1 year contract thing sucks, I got burned by that by Exodus back years ago. The only reason to lock clients to 1 year deals is because you feel they might find someone better. Most webmasters don't leave on price. They leave cause of poor service, reliablity, hardware...

It's clear you didn't read my post at all. Nowhere did I even make mention of those competitors, and I said there are many good providers who don't require contracts for service. I don't require a contract and neither do lots of other hosts. Seriously, rewind and re-read. I would be the first to say that people leave for the exact reasons you just stated - I don't know where your basis is for a) calling me an idiot, or b) stating things that I completely agree with as if to suggest I hadn't already said as much. lol

Quote:

Originally Posted by fusionx

Any legit law firm will give you an hour consultation for free.

They'll review the contract and tell you what legal standing you have.

Then they'll explain your $$$ options. If there's a good chance for a counter suit your out of pocket would be less... etc..

I'd get off the board and get into a lawyer's office ASAP. The more you talk about it the more you expose yourself.

All correct!

Brad

Klen · 12-20-2008, 08:43 AM

Horrible,this is why no matter how good reputation host have avoid it at all cost if there is contract requiment.I mean,how do you know next month you would let say sell all your sites and get out of biz?Or any similar reason?That is why contract hosts need to be avoided at all costs.

jcsike · 12-20-2008, 08:52 AM

Quote:

Originally Posted by Juicy D. Links

idiot

everyone was zigging, i wanted to zag ;)

Jim_Gunn · 12-20-2008, 09:33 AM

Reading this thread has got me thinking. I upgraded to a dedicated server with Phatservers earlier this year and I don't even recall signing a contract. I am quite happy with their service so I think that's a good thing now!

boneprone · 12-20-2008, 09:33 AM

Hey guys. Lets make something clear here about contracts. Just becasue a host has customers sign contracts it does not make them a bad company. It does not make you the customer a fool for signing one and it does not mean the company is out to get you.

Im learning now that a lot of companies do use contracts. A lot dont. There is no good or bad guy here if they do or dont use one. The contracts are used to protect the company. The intent of them isnt to trick customers or use them for shakedowns. The old Jupiter or any host for that matter didnt seek out to shake people down.

What Navisite is doing here to me and what I have learned in the last 12 hours they are doing to MANY other people in our biz is special.
And to do this to me over a single 10mpbs server becasue I told them I wanted to leave and it was 3 weeks after this auto renewing contract is really just an assholeish move in there part. Nothing less. Sure Biz is Biz. Contracts are contracts but this is an abuse of the fact.

And for those of you saying well if they are going to charge you for it keep the server, take note that I closed the server back in NOV of 2007. Thats 2007. We are now over 1 year after the fact. I wasnt presented with this huge fine until March I believe it was.

12-20-2008, 01:41 AM	#202
Jdoughs Confirmed User Industry Role: Join Date: Mar 2004 Location: Great White North Posts: 5,794	/checks off 3 points for Brad Mitchell and Mojo. Nicely put. __________________ LinkSpun - Premier Adult Link Trading Community - ICQ - 464/\281/\250 Be Seen By New Webmasters/Affiliates * Target out webmasters/affiliates based on niches your sites are for less than $20 a month. AmeriNOC - Proudly hosted @ AmeriNOC!

12-20-2008, 01:42 AM	#203
Brad Mitchell Confirmed User Industry Role: Join Date: Nov 2001 Location: Southfield, MI Posts: 9,779	For the record here, it is at least my opinion that Poppy got hosed no less than the customers post-sale. He was being a good company soldier, of all people he has always practiced business with the utmost integrity - no different then he does today. Poppy was an excellent conduit to support for his customer base while he was at Jupiter and a very knowledgeable sales representative. My only regret is that I wasn't able to snap him up for MojoHost before he moved on to L3. The timing just wasn't right then. Brad __________________ President at MojoHost \| brad at mojohost dot com \| Skype MojoHostBrad 71 industry awards for hosting and professional excellence since 1999

12-20-2008, 01:43 AM	#204
d-null . . . Industry Role: Join Date: Apr 2007 Location: NY Posts: 13,724	thanks for taking the time to post that Brad, it is a good heads up not only in this business but for all of our business dealings __________________ __________________ Looking for a custom TUBE SCRIPT that supports massive traffic, load balancing, billing support, and h264 encoding? Hit up Konrad! Looking for designs for your websites or custom tubesite design? Hit up Zuzana Designs Check out the #1 WordPress SEO Plugin: CyberSEO Suite

12-20-2008, 01:44 AM	#205
icymelon Confirmed User Industry Role: Join Date: Dec 2007 Location: Las Vegas Posts: 3,220	why pay 4 months if you dont have a contract? did the original contract say it renews each year for another 12 months and you canceled midyear? __________________ Network Of Adult Blogs With Hardlink Rentals Available

12-20-2008, 01:57 AM	#206
onlymovies Confirmed User Join Date: Sep 2003 Location: Southern California Posts: 906	Being "friends" in this business with people adds a new layer to a business deal. It brings the contract to a new level. Sure it's business and sure the contact can state anything it wants..no matter how silly it is. But the fact remains that if there's a clause in the contact that I will need to pay 1 year worth of fucking hosting after I cancel, i expect to told up front. I would think something THAT significant is BEYOND the fine print for a "friend." __________________ HomemadeVideoPass.com - High converting Homemade mega site! StolenPornVideos.com - The hottest site on the web converting like crazy! ReelPass.com - Offer your surfers 15+ exclusive movie sites for one low price

12-20-2008, 02:20 AM	#212
darksoul Confirmed User Join Date: Apr 2002 Location: /root/ Posts: 4,997	Hey man, I've been in a similar situation and got it worked out. This was with a phone company and this was the time when I learned that most contracts have this auto renewal clause and the x days termination notice and they can fuck you for it if they want to. The way out was the "abusive terms" each Consumer Protection Act has. Basically a lot of the terms in a contract are abusive and you can dispute that in court if necessary and have them turned in your favour. Just read up on the existing laws, it will be entertaining and you'll learn a lot. What I did was select a few points in the contract which I considered abusive and told them that "I find the following terms abuse according to Customer Protection Act ..., I consider this discussion closed and if you want to have this points proved in court just go ahead and send me the papers" Funny thing is not only did they chilled down but they even paid me a month of service back. Do not get scared about their tactics, thats what they do for a living. As a good customer the courts will most of the times rule in your favour. __________________ 1337 5y54\|)m1n: 157717888 BM-2cUBw4B2fgiYAfjkE7JvWaJMiUXD96n9tN Cambooth

12-20-2008, 02:25 AM	#216
jscott So Fucking Banned Industry Role: Join Date: Feb 2001 Location: Taipei Posts: 25,198	1, Poppy,I love you, I know you were doing your job 2. Poppy, you promised me DDoS protection, you said in your own words "you'll sleep well at night" (weeks after that I was awake for 3 days straight dealing with DDoS attack, ALL my sites down etc) 3. U told me, "man we host GFY, deal with DDoS ALWAYS!" etc etc, earned my trust about that, and also thru friendship in person, I love you man, you're awesome guy! BUT After I seen the service was NOT there that I was promised, I contacted customer support at Jupiter for almost ONE FUCKING YEAR!! Asking if they could release me from contract, and I was NEVER attended to, I think even now to this day NOBODY from Jupiter/Navisite ever replied to me about my concerns about getting out out of Jupiter/Navisite contract, I wanted out, and I had no reply, If I were to ask how is the weather, they'd tell me, but ANYTHING to do with getting my sites OFF their servers I had no reply ..................... wait, Im just getting started, I need a smoke................................

12-20-2008, 02:26 AM	#217
mmcfadden So Fucking Banned Join Date: Oct 2008 Location: philly Posts: 5,099

12-20-2008, 02:28 AM	#219
DollarKing Confirmed User Join Date: Aug 2007 Posts: 526	So now you are in the clear about the whole thing and realise you have to settle up after all so its a case of all's well that ends well and no hard feelings especially if a rep of jupiter asked you out for a few drinks and a laugh about it all.

12-20-2008, 02:59 AM	#231
andy83 Confirmed User Join Date: Jun 2005 Posts: 1,605	shady business. hope they get owned by this economic situation __________________ Available Skimmed Traffic Available Ad Spots BUY NICHE BANNER CLICKS OR IMPRESSIONS, SELL YOUR SPOTS FOR A FLAT RATE, SELL YOUR AD SPOTS WITH PROTRAFFIC.COM

12-20-2008, 02:59 AM	#232
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,359	Damn... Lesson learned... #1 - There is NO Bro club when it comes to business. #2 - Get it in writing. And read your copy before signing. #3 - Don't pick the Bro club food over the other food. The best food never touched a Bro's hand. This is why I am month to month on hosting. It is also why I don't do very much business with friends. Side Note: I have a guy trying to sell me a house right now. Hard selling. Dude, houses lost 16% of their value from May to Aug. From Sept to now it is 4%... do you know what that means? Things are turning around. You gotta buy now! Bitch, 2009 is going to make the current housing market look good!

12-20-2008, 03:02 AM	#233
KillerK Confirmed User Join Date: May 2008 Posts: 3,406	Brad you are an idiot Webair, Righthosting, and OC3 do not have gay 1 year contracts. I wanted to go with Jupiter because of Poppy, but the 1 year contract thing sucks, I got burned by that by Exodus back years ago. The only reason to lock clients to 1 year deals is because you feel they might find someone better. Most webmasters don't leave on price. They leave cause of poor service, reliablity, hardware...

12-20-2008, 03:03 AM	#234
KillerK Confirmed User Join Date: May 2008 Posts: 3,406	If they are charging you for 1 year of hosting BP, you might as well keep the server up then and use the 10 megabits, but notify them in writing you are cancelling now.

12-20-2008, 07:14 AM	#239
Iron Fist Too lazy to set a custom title Join Date: Dec 2006 Posts: 23,400	How long before someone starts quoting Brad Mitchells entire response.... in 3...2...1... __________________ i like waffles

12-20-2008, 07:27 AM	#240
camgirlshide Confirmed User Join Date: Jan 2005 Posts: 1,558	I don't know wh there is so much trash talk about the BBB here. They can certainly help you with two things: 1. They can certainly tell you if there is a law against this kind of contract in your state. The cell phone companies have forced many states into filing laws against this. Look at the recent $1.2B class action suit against sprint and the recent, the $73M they already paid and the $21M verizon paid. 2. They can recommend a lawyer who handles this type of thing that doesn't charge outrageous rates. You can also call your state bar association for a lawyer recommendation. __________________ Useful adult webmaster links - Alphabetical list of solo models with webcam Stats on my best converting affiliate programs - camgirlshide webmaster blog complete list of affiliate programs I use.

12-20-2008, 07:38 AM	#242
BlackCrayon Too lazy to set a custom title Join Date: Jun 2003 Location: Ottawa Posts: 19,624	If they weren't losing their ass I very much doubt they would be pulling such shit. I've left plenty of hosting companies before and never have encountered any kind of termination fee. I hope they go bankrupt. __________________ you don't know you're wearing a leash if you sit by the peg all day..

12-20-2008, 08:22 AM	#244
jcsike Confirmed User Industry Role: Join Date: Jan 2006 Posts: 689	dude, you signed the contract back in 2003, back when bandwidth prices were nothing. and the one year thing was pretty much standard, its not like now when everything is dirt cheap pay what you owe and quit bitching __________________

12-20-2008, 08:43 AM	#247
Klen Industry Role: Join Date: Aug 2006 Location: Little Vienna Posts: 32,234	Horrible,this is why no matter how good reputation host have avoid it at all cost if there is contract requiment.I mean,how do you know next month you would let say sell all your sites and get out of biz?Or any similar reason?That is why contract hosts need to be avoided at all costs.

12-20-2008, 09:33 AM	#249
Jim_Gunn Confirmed User Industry Role: Join Date: Feb 2003 Location: Where The Teens Are Posts: 5,702	Reading this thread has got me thinking. I upgraded to a dedicated server with Phatservers earlier this year and I don't even recall signing a contract. I am quite happy with their service so I think that's a good thing now! __________________ Jim Gunn Filming Cinematic Porn Skype JimGunnProductions

12-20-2008, 09:33 AM	#250
boneprone Hall Of Fame Industry Role: Join Date: Jan 2001 Location: Portland Oregon USA Posts: 34,411	Hey guys. Lets make something clear here about contracts. Just becasue a host has customers sign contracts it does not make them a bad company. It does not make you the customer a fool for signing one and it does not mean the company is out to get you. Im learning now that a lot of companies do use contracts. A lot dont. There is no good or bad guy here if they do or dont use one. The contracts are used to protect the company. The intent of them isnt to trick customers or use them for shakedowns. The old Jupiter or any host for that matter didnt seek out to shake people down. What Navisite is doing here to me and what I have learned in the last 12 hours they are doing to MANY other people in our biz is special. And to do this to me over a single 10mpbs server becasue I told them I wanted to leave and it was 3 weeks after this auto renewing contract is really just an assholeish move in there part. Nothing less. Sure Biz is Biz. Contracts are contracts but this is an abuse of the fact. And for those of you saying well if they are going to charge you for it keep the server, take note that I closed the server back in NOV of 2007. Thats 2007. We are now over 1 year after the fact. I wasnt presented with this huge fine until March I believe it was. __________________ Industry Hall Of Fame Legend Mike Jones Bow to the Power - Still BP4L http://gfyawards.com/hall-of-fame Learn about it kids.