HP3000-L Archives

October 2002, Week 5

HP3000-L@RAVEN.UTC.EDU

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Subject:
From:
Mark Wonsil <[log in to unmask]>
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Date:
Tue, 29 Oct 2002 09:23:52 -0500
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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


----------------------------------------------------------------------------
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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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