Mike Davis, of LowestCostHost.com, aka Davis-Designs.com has proven to be one of the many businesses here in cyberspace that really doesn't care what happens, so long as they get their money.
After recently being burned by a "Web Host Reseller", I did a little more checking into LowestCostHost.com and thought I had everything covered. What I never considered was that the Terms of Business was something that would be changed on the fly during the e-mail correspondence requesting the refund that I thought was due since we cancelled service within the allotted time-frame.
The following are copies of the e-mails sent and received on March 21-22. I've left in the dates and times. The e-mail addresses and headers have been removed and I have changed the formatting to conform to your reporting structure.
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On Fri, 22 Mar 00:46: 00 -0500
Mike -
I am not negotiating anything. I am requesting that you conduct your business according to your "Terms of Business" AS IT WAS STATED WHEN WE SIGNED-UP FOR YOUR SERVICE, AND AS IT WAS STATED WHEN WE CANCELLED SERVICE WITH YOU!
I noticed that you have changed the text in your "Terms of Business" and the 30-day refund clause is no longer included. I know that this page was changed on March 22. However, I have the original page as it was referred to me in your e-mail dated March 21.
Changing the text of your Business Terms, simply to get out of honoring those terms is extremely poor business practice. I will not now, nor ever use any services provided by you.
There is nothing to negotiate! I have cancelled our account. There is a refund due to CT Hall Designs per your own admission when you referred me to your Terms of Business page. I have proof that the page was changed to exclude that clause the very same day I asked you to honor it. And, I intend to use this information, including all the e-mails from you evading this matter.
I don't expect to ever receive a refund from you. Had I been dealing with a fair business partner, these e-mails would have never occurred. I am relieved to know that I will not have to deal with your business for the next year. I would not want to be an associate of someone who treats his clients/customers with so little regard!
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On Fri, 22 Mar 00:36: 00 -0500
Hello,
This is non-negotiable; once a reseller has been credited for purchased accounts and received our services we do not offer refunds. We already offer extremely low rates and your hosting service purchased is still being offered by us, we will gladly host your sites which you have paid for.
If you have any other questions or concerns please feel free to contact us.
Thanks,
LowestCostHost.com Staff
http://www.LowestCostHost.com
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Original Message
Sent: Thursday, March 21 11:31 PM
Subject: FW: Please cancel accounts
Mike -
Please review your own terms of business. According to section 3.1:
3. Resellers
3.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
As stated in this section, we are bound by the terms and conditions set forth in your terms of business. It does not state that Resellers are exempt from any portion of your terms.
We cannot use your services. We will not attempt to move any of our clients to your hosting service again. There is nothing to be worked out except that you abide by your own terms of business and refund our money as stated in section 6.6 in your terms of business.
I'm sorry we could not do business, however we are entitled to a refund in accordance to your terms of business.
Thank you,
Teresa Hall
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Original Message
Sent: Thursday, March 21 10:59 PM
Subject: RE: Please cancel accounts
Hello,
That is for hosting members, not resellers. You are under our resellers program. We can gladly host 10 new sites that you have already paid for. I am sure we can work this out. If you have any other questions or concerns please feel free to contact us.
Thanks,
LowestCostHost.com Staff
http://www.LowestCostHost.com
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Original Message
Sent: Thursday, March 21 10:45 PM
Subject: RE: Please cancel accounts
Hello Mike -
Per section 6.6 of your business terms:
6.6 During the first 30 days of Services, You are entitled to a complete refund of all fees paid with the exclusion of domain name registration, dedicated server and data transfer fees should You decide to cancel the Services. You will not be entitled to a refund on this basis if you have previously had an account with Donhost. (uk based business. Www.DONHOST.com) No full refunds or pro rata refunds will be made after the first 30 days of service should You decide to cancel the Services.
We did not register any domain names through your company. Nor did we contract with you any type of dedicated server or data transfer services. Today, March 21 you received notice that we have cancelled all accounts with your service. 27 days have passed since you received payment for this service, as stated below:
(Paypal Transaction Information not included in this report.)
Therefore, please remit the refund due, via paypal as it was paid to you, in accordance with your terms of Business.
Thank you,
Teresa Hall
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Original Message
Sent: Thursday, March 21 9:27 PM
Subject: RE: Please cancel accounts
Hello Teresa,
Please review our terms of business, we do not allow refunds. Http://www.lowestcosthost.com/terms.php We can however host any 10 sites you would like.
If you have any other questions or concerns please feel free to contact us.
Thanks,
LowestCostHost.com Staff
http://www.LowestCostHost.com
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Original Message
Sent: Thursday, March 21 8:02 PM
Subject: Please cancel accounts
Hello Mike -
I had written earlier today but did not receive a reply. I regret that we must cancel our accounts with you. There was too much instability. We still may lose our 2 major clients over this. We have had to move them back to the hosting company we have been with. You can delete all folders and data associated with the accounts we set up.
Please let me know when I can expect our refund and for what amount.
Thanks
Teresa Hall
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Original Message
Sent: Monday, March 18 9:19 PM
Subject: RE: Test
Hello,
We are now running two servers, we have an upgraded account on the old server, and we also have the other server run by Matriox. Daniel (Daniel Conlon of www.donhost.com?) is the owner of Matriox, I have been emailing him all of your support questions and he just said it was the wrong DNS info and to supply you with the other, which I did and apparently that does not work either. You can email him at mailto: [email protected] [email protected] or mailto: [email protected] [email protected] or mailto: webmaster@matriox. Ws webmaster@matriox. Ws. Again sorry about all of this, if you want I can
put you on the other server, except we no longer have Windows FrontPage extension available on that server. So if you need the windows FP extensions you will need to keep those accounts on the Matriox server.
Let me know what you would like me to do.
If you have any other questions or concerns please feel free to contact us.
Thanks,
LowestCostHost.com Staff
http://www.LowestCostHost.com
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Original Message
Sent: Monday, March 18 7:05 PM
Subject: RE: Test
Well, we struck out on that one to. They do not resolve to a valid IP address. I checked the status of ns1. Matriox. Ws in the whois on netsol. Although listed, it does not show as a valid host within the namesdirect database, which is our registrar through mydomain.com. Similar to what you use.
Matriox, the company uses ns1. Matriox.com and ns2. Matriox.com I noticed that your still pointing to the onlinecyberhost 1 and 2, and onlinecyberhost still exists. What is going on???
Mike. This is very frustrating for us. We have change back to our original host server until this is resolved.
Is there a contact name you can give me with this "new server" company? Are your other clients experiencing this same difficulty?
Teresa
Spartanburg, South Carolina
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