From: Billing@Straight2You [mailto: [email protected]]
Sent: Wednesday, July 07 11:46 AM
To: Chris
Subject: RE: NOTICE: I SENDING TO INFORM YOU OF MY DESIRE OF CANCELALLATION OF YOUR INTERNET SERVICES
Chris,
We've charged you a $149.95 termination fee, and you can keep the modem.
From: Chris
Sent: Wednesday, July 07 12:44 PM
To: Billing@Straight2You
Subject: RE: NOTICE: I SENDING TO INFORM YOU OF MY DESIRE OF CANCELALLATION OF YOUR INTERNET SERVICES
We will terminate your services as soon as we receive the modem back from you.
Response
The modem has been paid for and in terms stated on your web site is free.
This would me that the transaction concerning the modem is concluded and not related to internet services.
However due to the issue that the wrong item was sent.
That Straight 2 You is unwilling to pay for its return.
Is a concern that I will dispute with my credit card company.
From: Billing@Straight2You
Sent: Wednesday, July 07 11:22 AM
To: Chris
Subject: RE: NOTICE: I SENDING TO INFORM YOU OF MY DESIRE OF CANCELALLATION OF YOUR INTERNET SERVICES
Chris,
Do what you must do then.
From: Chris
Sent: Wednesday, July 07 12:17 PM
To: Billing@Straight2You
Subject: RE: NOTICE: I SENDING TO INFORM YOU OF MY DESIRE OF CANCELALLATION OF YOUR INTERNET SERVICES
We've tried faxing you an air bill, and we got a fast busy signal
Response I do not see any truth to this the fax machine is in working order.
It is a company fax machine that is not used very often I can provide with a status report of the availability and up time.
Since you are terminating service with us, the modem will be sent back at YOUR expense
Response According to federal law you do not have to pay for something that you did not order.
Though similar in function an external modem is not an internal modem.
The free modem has already been shipped to you, and we've recalled the box so that we do not incur additional charges.
Response this quite impressive that an overnight package can be recalled.
The service you choose was an unlimited plan, not dedicated, which means that you cannot stay on 24/7/365 as you have been.
Response my phone bill from SBC will indicate and speak for itself that I have not been connected to you on a per say 24/7/365.
My records will indicate that only a couple hours service on averaged was used weekly.
Also this would have to be indicated to me via letter or email before this date to be used as an excuse for unreliable service.
You will not receive a credit back for this months service because you already utilized the service, and we've already rendered services to you for this month
RESPONSE You can not charge me for something that does not work or services that have not be rendered.
I believe federal law indicates that services not fully reliable or unavailable can be disputed.
Past cases have put the burden of proof on the ISP and not the customer.
I believe that the month of April was not prorated that would give me an end of billing cycle on or about July 17th.
I only have any records beside my banking record indicate a charge starting charge of $29.95.
Chris
From: Billing@Straight2You [mailto: [email protected]]
Sent: Wednesday, July 07 10:51 AM
To: Chris
Subject: RE: NOTICE: I SENDING TO INFORM YOU OF MY DESIRE OF CANCELALLATION OF YOUR INTERNET SERVICES
Chris,
We will terminate your services as soon as we receive the modem back from you. We've tried fax you an air bill, and we got a fast busy signal. Since you are terminating service with us, the modem will be sent back at YOUR expense.
Also, the free Internal modem is quite older then the external modem we sent to you. The free modem has already been shipped to you, and we've recalled the box so that we do not incur additional charges. The $25.00 covers shipping and handling, and that will not be refunded to you.
The service you choose was an unlimited plan, not dedicated, which means that you cannot stay on 24/7/365 as you have been. This was explained to you over the phone time and time again. You will not receive a credit back for this months service because you already utilized the service, and we've already rendered services to you for this month. As per the terms of service you agreed to when you signed up, you agreed the following:
Billing Procedures
Straight 2 You Networks does not refund or credit any part of the monthly or annual service fee.
If for any reason, the amount due and payable is uncollectible during any period of subscriber ship with Straight2you, the subscriber is responsible for all costs associated in the collection of the debt.
All accounts are due and payable on the 1st of each month. Setup fees are non-refundable. Should an account not be paid on the due date of each month, the account will be suspended and it is the responsibility of the master account holder to contact Straight2you. There is a $10.00 fee for reactivation of a suspended account. The account holder is responsible for all costs in the collection of the debt. If arrangements are made for late payments prior to the due date, there is a $5.00 surcharge for each occurrence.
Accounts terminated at the discretion of Straight2you will not be reinstated. Dedicated ISDN customers automatically enter into a one year contract with Straight 2 You. Dedicated ISDN and the Online gamers packages are one year contracts.in the event that a dedicated account is cancelled, an early termination fee of 800.00 will apply.
In the event that you cancel an annual account, this will be considered a breach of contract. You will not be refunded, and you will be penalized 130.00 for the breaking of the contract for a residential account, or 260.00 for a business account. All customers will be charged an early termination fee equal to two month's service if they cancel before a one year term, or one years service if they break their contract for ISDN or the Gamers Package
These can be found at http://www.straight2you.net/tos.htm. Please read the red bolded information above. We've spoken to your bank this morning, and they CONFIRMED you were charged $29.95 for service, not $49.95 as you explained.
From: Chris
Sent: Wednesday, July 07 11:43 AM
To: [email protected]
Subject: NOTICE: I SENDING TO INFORM YOU OF MY DESIRE OF CANCELALLATION OF YOUR INTERNET SERVICES
This email, letter and facsimile sent on July 7 is to inform Straight 2 You Networks of
Internet Services
4 Preston Street
Port Washington NY 11050
Fax Number: 516-977-7708
That I Christopher
Is canceling all services, business and future business with you today July 7.
My internet service is not working and has failed to provide relibale service.
Over the course of the introduction of your services I have complained about poor connectivity.
The inability to run applications due to disconnections and frequent disconnections is not acceptable.
I have been over charged this month again for a service that is not availble and unreliable.
A OVERCHARGED of $49.95 was posted to my on about VISA CHECK CARD JULY 6
This is the second time an overcharged has been placed on my account with out my permission.
I called and complained the morning of July 7; you indicated that your records show only charge of $29.95.
I stated this was not true you hung up the phone, I called back and offered to let hear with me my banking records over the phone from the automated teller services.
I was told that you have not spoken to me this morning (July 7
I was then transferred to your billing department's voice mail; I called back and get hung up on or transferred to voice mail.
A charged for a FREE modem was also charged to my account on about April 26 for the amount of $25.00.
I have not received an internal modem as agreed upon over the phone, when ordered.
You stated many times on the phone that a modem was sent, until two weeks ago when you informed me you have been out stock.
An older external modem was sent and is not what I ordered over the phone.
I called and complained the morning of June 29th I was told buy the owner of your company a modem would be overnighted.
It is July 7 and I have NOT received any package from you, for my internal ISDN modem.
I also called you as per our conversation to give you my fax machine in order for you send me way bill information
Waybill information is defined as the shipping expense to be paid for by Straight 2 You Networks.
The fax instructions to send the external modem back at you at your expense were never received.
I do not want an external modem and this is not what I ordered.
I want my money back for the modem and I not want internet services or to do any future business with your company.
I expect this Monthly charged to reimburse and the 25 dollars for the free modem.
You need to send a way bill or some type of shipping instructions on how to send your modem back to you at your expense.
Chris Everett
388 Rock Church Road
Catawissa, MO 62015
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