08-01-2003, 07:07 PM
I'm not sure i completely understand the situation, but by my interpretation:
They pop up and say "you're using too much server time by our estimate of fair usage, upgrade or go"
In short THEY are attempting to make a change to your contract. Under British law (i don't know about American) IIRC, they are liable to refund you, because they chose to end it
You paid for a service, they decided that you're taking the mick and tell you that you can't use the service anymore, thus they changed the terms, and you're entitled to take those terms, or reject them and have a full refund.
Of course, if you won on that, you could try for compensation for breach of contract and for the time you had to spend transfering your site to a new host :P
When were these emails sent? post server change? did the dimwits actually check if they were still hosting it?
from the TOS
2 weeks is 10-11 days, you could argue that paying for another year constitutes starting a new service.
I'm probably just rambling rubbish due to the extreme quantities of anger flowing through my mind at the moment.
They pop up and say "you're using too much server time by our estimate of fair usage, upgrade or go"
In short THEY are attempting to make a change to your contract. Under British law (i don't know about American) IIRC, they are liable to refund you, because they chose to end it
You paid for a service, they decided that you're taking the mick and tell you that you can't use the service anymore, thus they changed the terms, and you're entitled to take those terms, or reject them and have a full refund.
Of course, if you won on that, you could try for compensation for breach of contract and for the time you had to spend transfering your site to a new host :P
Quote:I see that your website is currently online. This indicates that the hosting service is being
provided to you. There are limits placed on your site, but this is necessary to ensure the stability
of the shared server.
When were these emails sent? post server change? did the dimwits actually check if they were still hosting it?
from the TOS
Quote:If the client is not satisfied with the provider services within the first 30 days of service, provider has the option to refund up to 100% of the monthly or quarterly fees. All setup fees are non-refundable and will not be credited under any circumstances
2 weeks is 10-11 days, you could argue that paying for another year constitutes starting a new service.
I'm probably just rambling rubbish due to the extreme quantities of anger flowing through my mind at the moment.