In message <000f01c27f56$cf4732e0$f87b40c0@WONSILTP>, Mark Wonsil
<[log in to unmask]> writes
>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 agreement says:-

>Customer agrees to keep secret and confidential the terms of this
>Settlement Agreement, both specifically and in general

so you've blown that straightaway.....

Intervene must have a fair few 'incidents' such as yours, to have such a
well-honed piece of boilerplate in place to trot out for such purposes.

Reading between the lines, it seems to say 'We think we don't actually
have to give your money back. But deep down, we suspect we're wrong, and
we don't want to go to court over it, or everybody will want their money
back, and we'll be hosed. So instead, we'll give you your money back,
and get a little concession in that you promise to keep quiet about this
hiatus. And we think you'll go for that, as you don't want to go to law
either; even if you think you can win, eventually, you know we'll tie
you up for years, and cosy you plenty dollar'.

But what I'm confused about is what happened when Interfere took over
your previous provider? Is this *their* T&Cs Interject are using? If
not, did Intercept send you proper notice of new T&Cs, which you
accepted in writing? Otherwise, you are in no way bound by Interdict's
T&Cs; they must honour the deal you had with the people they took over.

Maybe next time, you could have a clause in your agreement that gives
you the right to cancel, and get a pro-rata refund, at your option, if
the hosting company undergoes a material change of ownership. Such
clause to be automatically invoked if they are taken over by Interlard,
Interlope, Interbreed, or any company with a similar name.....

--
Roy Brown        'Have nothing in your houses that you do not know to be
Kelmscott Ltd     useful, or believe to be beautiful'  Wm Morris

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