If companies such as this would devote the time, energy and  money to
providing good service as they do to writing legal CYAs, they'd actually
have a chance at succeeding in business.    I'd sign it, get my money, and
never do business with them or their principals again.  And if this is the
best web hosting available, then let's go into business together and do it
right...there's gotta be thousands of hungry customers.

John Lee


At 09:23 AM 10/29/02 -0500, Mark Wonsil wrote:
>I'm just venting - press DELETE NOW if you don't care about choosing web
>hosting services.
>
>Since the best consumer is an educated consumer, I continue my never-ending
>lesson on the web provider from hell.  Twice my web hosting company has been
>purchased by Interland and twice the service has gone downhill while the
>prices have gone up.  I cancelled of course but the terms have changed since
>from the previous host providers.  Maybe someone with a better legal mind
>can understand the text they sent to me.  The way I read it is if you want
>any of the prepaid amount returned, you agree not to bitch about them.
>Needless to say, I will sign no such agreement.  The moral of the story,
>check out any cancellation terms before paying prepaying any web hosting
>services.
>
>Interland creates a vacuum.
>
>Mark "ah, that's better" Wonsil
>
>
>----------------------------------------------------------------------------
>------------
>The Customer is party to a Web Hosting Agreement with Interland under which
>the Customer pre-paid for web hosting services for the Contract Duration
>specified above.  The Customer wishes to terminate the Web Hosting Agreement
>before its termination date.  Under the Web Hosting Agreement, the Customer
>may not receive a refund of its pre-paid fees upon an early termination.
>Nevertheless, as an accommodation to the Customer, and in full satisfaction
>and settlement of any and all claims the Customer may have against
>Interland, Interland agrees issue a credit to the Customer’s credit card on
>file equal to the Refund Amount specified above in consideration for
>Customer’s agreement to the terms of this Settlement Agreement.  Therefore,
>the Customer for itself and its successors, assigns, heirs, executors,
>administrators and representatives, hereby fully releases, remises, acquits
>and forever discharges Interland, its allied, affiliated, parent, subsidiary
>and associated companies, and their officers, directors, agents, attorneys,
>employees and servants from any and all claims, demands, actions, causes of
>action, damages, obligations, liabilities, losses and expenses of whatsoever
>kind or nature arising out of any acts, omissions, liabilities,
>transactions, transfers, happenings, violations, promises, contracts,
>agreements, facts or situations which occurred or existed at any time before
>the execution of this Settlement Agreement, whether or not now known or
>suspected or claimed, whether in law, arbitration, administrative, equity or
>otherwise, and whether accrued or hereafter maturing, including, but not
>limited to, any and all claims that arise out of the Web Hosting Agreement
>or Interland’s web hosting services.This Settlement Agreement is not an
>admission of liability by Interland.  Customer agrees to keep secret and
>confidential the terms of this Settlement Agreement, both specifically and
>in general, and to make no statement containing any qualitative or
>descriptive terms or terms that state or suggest that this Settlement
>Agreement was favorable to either party, and agrees that Customer’s only
>comment with respect to this settlement will be that the matter was settled
>and all claims have been dismissed, except that Customer may disclose
>information about the settlement as needed to accountants in connection with
>tax reporting or as validly required by a court or administrative body.In
>the event that there is a breach of this Settlement Agreement and
>enforcement or recovery of damages for breach hereof is obtained by law or
>legal proceedings through an attorney at law, all costs of collection or
>enforcement, including reasonable attorneys fees, shall be paid to the
>prevailing party.This Settlement Agreement supersedes all prior discussions,
>negotiations and agreements between the parties with respect to the subject
>matter hereof, and this Settlement Agreement constitutes the sole and entire
>agreement between the parties with respect to the matters covered hereby.
>This Agreement binds the parties and their respective successors and
>assigns.  This Settlement Agreement will be governed by and construed in
>accordance with the laws of the State of Georgia, excluding its principles
>of conflicts of law.  If any provision of this Settlement Agreement shall be
>held to be illegal, invalid or unenforceable by a court of competent
>jurisdiction, the remaining provisions hereof shall remain in full force and
>effect.  Each party expressly warrants and represents that the
>representative signing this Settlement Agreement has due authority to do so
>and to bind such party to this Settlement Agreement and that such party’s
>contact information below is true and correct.
>
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>
>

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