|
Why 1&1 Webhosting is a BAD choice: Do not make the mistake of signing up for 1&1 Webhosting. Just read the email thread below. I have fax logs showing that There are lots of decent, honest web companies out there. In my (I have deleted personal information for obvious reasons. - Paul
-----Original Message-----
From: billing@1and1.com [mailto:billing@1and1.com]
Sent: Sunday, August 07, 2005 3:00 PM
To: [****]@izm.com
Subject: Re: RE: RE: C36100383 Re: usbilling;General
Dear Paul [****], (Cust: [****])
Thank you for contacting us.
All of the listed examples below do not speak in regards to
cancellation. The termination form is required to be sent
for all cancellations. Failure to do so, will keep the domains
or accounts in question active. Thank you.
If you have any further questions do not hesitate to contact us.
Sincerely
Ryan Light
Billing Department
1&1 Internet Inc.
You can also contact us via phone at (877) 300-8316 from 9am till
5pm EST Monday to Friday
> Mr. Heiser:
>
> As required by the terms of the agreement I have provided written
> notification. No place in your terms and conditions do you define mail
> as "postal" mail and, in fact, the terms and conditions uses the term "mail"
> interchangeably with "email" in multiple instances. For example:
>
> In section 4.1.4 the terms and conditions refers to "Mail Bombing" and
> not "Email Bombing"
>
> In section 4.1.5 the terms and conditions refers to "Mailing List" and
> not "Emailing List"
>
> In section 5.1 the terms and conditions refers to "open mail relay"
> and not "open email relay"
>
> In section 12.1 the terms and conditions refers to "mailbox quota" and
> not "emailbox quote"
>
> As you so correctly point out, the terms and conditions is a legal
> document and therefore, while you may have intended "mail" to mean
> "postal mail" 1&1 did not specify that within the document. Since my
> email is most certainly a written for of mail I assert that I have
> complied fully with the agreement.
>
> Moreover, (though you continually refuse to acknowledge it) I have
> stated that I attempted repeatedly over more than 48 hours to fax the
> requested documents but was unable to reach a receiving fax system at
> the number provided. I can only guess at the rate of cancellations
> you must be experiencing to cause this.
>
> The bottom line is that you should have just cancelled my accounts
> when I asked and told you I was unable to get through to your fax.
>
> Since, instead, you've only irritated me more, I now request (clearly
> -- as you can see -- in writing) that you cancel this account as well:
>
> Contract: [****]
>
> In addition to the two already requested:
>
> Contract: [****] (cancellation ID: K-[****]-49)
> Contract: [****] (cancellation ID: K-[****]-48)
>
> Don't ask me to fill out a form online, send you additional
> information, mail or fax you a letter, or anything else. I am finished
> attempting to solve this with your company.
>
> Finally, thank you for pointing out that the terms are subject to
> Pennsylvania law. I will be sure to include the Pennsylvania Attorney
> General in my complaint if you should attempt to charge any of my
> credit cards in the future.
>
> In summary:
>
> 1) I have requested termination of service according to the terms and
> conditions agreed upon
>
> 2) I have now made the request three times
>
> 3) If I don't get a satisfactory response very quickly I assure you
> that, in addition to formal complaints already outlined, I will post
> the content of this email thread across every web hosting forum on the
> internet assuring that a non-trivial number of potential customers see
> just how difficult it is to cancel service. Feel free to explain to
> all of them what you intended with your terms and conditions. I'm sure
> they will be very impressed.
>
> - Paul [****]
>
>
>
> -----Original Message-----
> From: billing@1and1.com [mailto:billing@1and1.com]
> Sent: Friday, August 05, 2005 11:28 AM
> To: paul_[****]@izm.com
> Subject: Re: RE: C36100383 Re: usbilling;General
>
> Dear Paul [****], (Cust: [****])
>
> Thank you for contacting us.
>
> You agreed to the 1&1 Terms & Conditions during the sign up process
> which is a legal document. It is clearly stated in these Terms &
> Conditions that we require a written cancellation via fax or mail:
>
> 9.7.
> Notices under this Section 9 shall be given by 1&1 to you per the
> provisions of Section 10 below. Notwithstanding anything to the
> contrary contained herein, notices of termination given by you under
> this Section 9 shall be deemed effective only if given by you in
> writing, either by telefax or by mail.
>
> It is also stated that all services provided by 1&1 automatically
> renew unless cancelled:
>
> 8.1
> The initial term of this Agreement shall be one (1) month with
> automatic renewal for subsequent additional month after the expiration
> of the initial term (each such month a "Contract Term"). 1&1 reserves
> the right to accept pre-payment of renewal periods and may from time
> to time offer financial incentives for such pre-payment. The Contract
> Term, however, shall remain one (1) month.
>
> We state that any disputes of this agreement are handled within the
> Commenwealth of Pennsylvania:
>
> 14.5.1.
> Any claim, dispute or controversy with respect to, in connection with
> or arising out of this Agreement shall be subject to and decided by
> arbitration in the City of Philadelphia, County of Philadelphia,
> Commonwealth of Pennsylvania, by a panel of three arbitrators. Each
> Party shall designate one disinterested arbitrator and the two
> arbitrators so designated shall select a third arbitrator. The persons
> selected as arbitrators need not be professional arbitrators and
> persons such as lawyers, accountants, brokers and bankers shall be
> acceptable, but each shall have substantial experience with respect to
> information technology and development. The arbitration proceeding
> shall be conducted in accordance with the commercial arbitration rules
> of the American Arbitration Association then and there pertaining. Any
> party may initiate arbitration proceedings hereunder by providing
> written notice ("Demand for Arbitration") to the other party to such
> claim, dispute or controversy. A Demand for Arbitration shall be made
> within a reasonable time after the claim, dispute or controversy has
> arisen; provided, however, that no Demand for Arbitration may be made
> after the date when institution of such claim, dispute or controversy
> would be barred by the applicable statutes of limitations. Arbitration
> proceedings shall be commenced within thirty (30) days of such notice
> or as soon thereafter as practicable, and the arbitrators shall be
> required to render a written determination within thirty (30) days
> after the commencement of such arbitration proceedings. The written
> award of a majority of the arbitrators shall be final and binding upon
> the parties and judgment may be entered upon it in accordance with
> applicable law in any court having jurisdiction thereof, including the
> federal district courts located in the City of Philadelphia, County of
> Philadelphia, Commonwealth of Pennsylvania. All costs of any such
> arbitration shall be borne equally by the parties. The provisions
> of this paragraph shall survive the expiration or earlier termination
> of this Agreement.
>
> You can view the Terms & Conditions at the following address:
>
> http://order.1and1.com/xml/order/Gtc
>
> If you have any further questions do not hesitate to contact us.
>
> Sincerely
> David Heiser
>
> Billing Department
> 1&1 Internet Inc.
>
> You can also contact us via phone at (877) 300-8316 from 9am till 5pm
> EST Monday to Friday
>
> > David - it would be nice if you actually read emails before
> > responding to them.
> >
> > If you read my original request, you will see that it says:
> >
> > "I find it even more irritating that I have been trying to fax the
> > forms for two days and have been unable to get through."
> >
> > In light of the fact that an online transaction was sufficient to
> > establish the business agreement I find the fax requirement (in
> > combination with the non-availability of your fax system) an
> > unreasonably
> burdensome requirement.
> > As your legal department will no doubt inform you, failure to cease
> > charging a consumer credit card after the consumer has made
> > reasonable attempts to stop service constitutes consumer fraud.
> >
> > Effective immediately you are no longer authorized to charge my
> > credit card for contracts [****] and [****]. Any attempt to make
> > additional charges for the above accounts will be referred to the U.S.
> > and Texas attorney generals as well as your merchant bank.
> >
> > - Paul [****]
> > [****]
> > [****]
> >
> >
> > -----Original Message-----
> > From: billing@1and1.com [mailto:billing@1and1.com]
> > Sent: Friday, August 05, 2005 8:47 AM
> > To: [****]@izm.com
> > Subject: C36100383 Re: usbilling;General
> >
> > Dear Paul [****], (Cust: [****])
> >
> > Thank you for contacting us.
> >
> > We have in our records that you did the cancellation process online
> > at http://cancel.1and1.com, but we did not receive the written
> > confirmation that you want this package cancelled. At the end of
> > the cancellation process there was a form that you need to print
> > out, sign, and fax to the number on the form. If you do not have
> > this form please send us a fax that contains your Customer ID,
> > Contract ID, name of the 1&1 Package, Name, Address, Phone number,
> > and say when you want this to cancel and any other further
> > instructions. Please sign the document and write Attention Billing on it.
> > Send the fax to 1-610-560-1507.
> >
> >
> > If you have any further questions do not hesitate to contact us.
> >
> > Sincerely
> > David Heiser
> >
> > Billing Department
> > 1&1 Internet Inc.
> >
> > You can also contact us via phone at (877) 300-8316 from 9am till
> > 5pm EST Monday to Friday
> >
> > > MailType=Form-Mail
> > > MailTypeFlag=Begin
> > > KundeID=6891021
> > > TopicPath=usbilling;General
> > > MailTypeFlag=End
> > >
> > > text=
> > > Until recently I have had several 1&1 accounts.
> > >
> > > I recently decided to cancel two of them (NOT this one: [****]).
> > >
> > > Your instruction state that cancellations must be faxed.
> > >
> > > I find it irritating that I can order service online but I cannot
> > > cancel
> > it online.
> > >
> > > I find it even more irritating that I have been trying to fax the
> > > forms
> > for two days and have been unable to get through.
> > >
> > > Please tell me what I need to do to cancel the two accounts:
> > >
> > > Contract: [****] (cancellation ID: K-[****]-49)
> > > Contract: [****] (cancellation ID: K-[****]-48)
> > >
> > > - Paul [****]
> > >
> > >
> >
> >
>
>
|