T
truthWILLprevail
Guest
I am in Georgia, but the company in question is headquartered in Colorado.
The company in question, Verio, Inc., suspended my web hosting service on June 22, 2001, due to an "unpaid invoice" that was issued on June 17, 2001. They have hosted my web site for two years and this was a renewal.
However, according to their published account suspension process:
---If payment has not been received after 30 days of the due date, a "friendly reminder" letter is sent via e-mail to the contact e-mail address listed in your Control Panel.
If payment has not been received after 40 days, another letter is sent informing you that the first letter was not acknowledged. The second letter advises you that you have 72 hours to respond or your Web site will be suspended.---
This tells me that I have a total of 43 days before a suspension would have been allowed. I argued with them and they stated that the policy is different if a credit card failed for the account renewal. So I looked up their policies again and this is what is stated:
---What if my credit card fails for my renewal order?
If your credit card fails, you will receive an e-mailed notification. Please go to your Control Panel and add a new payment method. Note that, if we have additional credit card or EFT information on file, our system will automatically try the alternate payment method. Please see the Account Suspensions process for further information. ---
This clearly tells me that the account suspensions process is THE SAME for credit card failures (the credit card that was on file had expired.)
The problem is, they took my site down for an entire day, and I normally receive a substantial order volume every day. On June 22 I received NO ORDERS due to this.
Now they argue that they sent an e-mail notification on June 17 that stated that if the credit card was not dealt with in 72 hours, the account would be "automatically" suspended.
First, we did not receive this e-mail they are referring to. Second, even if we had received it, this "suspension within 72 hours" is clearly NOT in accordance with the published policies. They do have a refund guarantee if you web site is down for a certain amount of time, but I feel they are not accepting fault because of the significant financial losses we incurred due to the suspension that occurred out of accordance with published policies.
My question is: Can they do this and get away with it? The policies make it very clear that the account suspension process will be followed for credit card renewal failures, yet they say this e-mail we never received gave us only 72 hours. Do I even have a case?
-truthWILLprevail
The company in question, Verio, Inc., suspended my web hosting service on June 22, 2001, due to an "unpaid invoice" that was issued on June 17, 2001. They have hosted my web site for two years and this was a renewal.
However, according to their published account suspension process:
---If payment has not been received after 30 days of the due date, a "friendly reminder" letter is sent via e-mail to the contact e-mail address listed in your Control Panel.
If payment has not been received after 40 days, another letter is sent informing you that the first letter was not acknowledged. The second letter advises you that you have 72 hours to respond or your Web site will be suspended.---
This tells me that I have a total of 43 days before a suspension would have been allowed. I argued with them and they stated that the policy is different if a credit card failed for the account renewal. So I looked up their policies again and this is what is stated:
---What if my credit card fails for my renewal order?
If your credit card fails, you will receive an e-mailed notification. Please go to your Control Panel and add a new payment method. Note that, if we have additional credit card or EFT information on file, our system will automatically try the alternate payment method. Please see the Account Suspensions process for further information. ---
This clearly tells me that the account suspensions process is THE SAME for credit card failures (the credit card that was on file had expired.)
The problem is, they took my site down for an entire day, and I normally receive a substantial order volume every day. On June 22 I received NO ORDERS due to this.
Now they argue that they sent an e-mail notification on June 17 that stated that if the credit card was not dealt with in 72 hours, the account would be "automatically" suspended.
First, we did not receive this e-mail they are referring to. Second, even if we had received it, this "suspension within 72 hours" is clearly NOT in accordance with the published policies. They do have a refund guarantee if you web site is down for a certain amount of time, but I feel they are not accepting fault because of the significant financial losses we incurred due to the suspension that occurred out of accordance with published policies.
My question is: Can they do this and get away with it? The policies make it very clear that the account suspension process will be followed for credit card renewal failures, yet they say this e-mail we never received gave us only 72 hours. Do I even have a case?
-truthWILLprevail