can my hosting f*** me like this? - GoFuckYourself.com - Adult Webmaster Forum

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olasa

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#1

can my hosting f*** me like this?

03-16-2006, 06:54 AM

I was a customer of some web hosting for few years and already paid them about $20 000 bucks. Now, I wanted to reduce bandwidth and we signed new contract with new details. A month later I decided to terminate everything and go out.

They told me: "we will close the account. Unfortunately your recent contract signed in Jan 2006 will be left open on your account along with the monthly fee accruing until the end of the contract term in August 2006. You will be responsible for this amount plus any collection costs and or court fees."

Can they charge me? Even if they dont provide any services?
Is it normal?

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u-Bob

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#2

03-16-2006, 06:56 AM

depends on your contract...
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Babaganoosh

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#3

03-16-2006, 06:59 AM

You can't back out of a contract. To even think that's ok is beyond comprehension.

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jjjay

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#4

03-16-2006, 07:00 AM

if you signed the contract, you need to stick to it

unless, you're in a different country, then they probably won't chase you
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JUSTB

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#5

03-16-2006, 07:01 AM

I would offer them a settlement. You did just sign a new contract but they may be willing to let you out with a month or two of fees.
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xclusive

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#6

03-16-2006, 07:16 AM

Originally posted by JUSTB

I would offer them a settlement. You did just sign a new contract but they may be willing to let you out with a month or two of fees.

Yup I totally agree, Just talk to them and you should be able to work something out. But otherwise your stuck.

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s9ann0

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#7

03-16-2006, 07:23 AM

if you think they are out of order you can resell the bandwidth to spammers they will probably let you out of the contract pretty fast!
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elitetec

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#8

03-16-2006, 07:24 AM

stick to the contract ;/

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HizAzPhun

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#9

03-16-2006, 07:26 AM

If you have a CONTRACT, then Id say the HOST is in the right on this one.

That's why they made you sign a contract dude.

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HorseShit

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#10

03-16-2006, 07:32 AM

The contract states if they are giving you a service you have to pay for a certain amount of time. If they stop giving you a that service they more or less breached the contract themselves and can't charge you for something you aren't getting. I would take them to court.
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#11

03-16-2006, 07:33 AM

The real question is why you felt the need to censor the work fuck on a site called gofuckyourself?

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HizAzPhun

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#12

03-16-2006, 07:35 AM

Originally posted by jdavis

The contract states if they are giving you a service you have to pay for a certain amount of time. If they stop giving you a that service they more or less breached the contract themselves and can't charge you for something you aren't getting. I would take them to court.

If they are still providing the service as stated in the contract and he simply doesn't utilize that service, it may be an issue. You should definitely try to work it out OUTSIDE of court first if possible. Also, you need to have a lawyer take a look at that contract asap and advise you.

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IWantU_Jeff

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#13

03-16-2006, 07:38 AM

Id check on the contract you have, some have a 30 day written 'out' so that way you would only owe the following month.. everyone is diffrent, if you have a contract though, then I would say your stuck. Id go with the advice JUSTB gave.

In regards to them not providing the service jadavis: olasa is the one that wants to quit/breach the contract by leaving/not using the service..they are still holding thier end offering their side of the agreement.. it wouldnt be a breach.

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HorseShit

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#14

03-16-2006, 07:39 AM

Originally posted by HizAzPhun

If they are still providing the service as stated in the contract and he simply doesn't utilize that service, it may be an issue. You should definitely try to work it out OUTSIDE of court first if possible. Also, you need to have a lawyer take a look at that contract asap and advise you.

I read it wrong, (It's early here) I read it as "a month later they decided to terminate the contract and go out" now I realize it's "I", ok he's fucked
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Ross

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#15

03-16-2006, 07:41 AM

I've never signed a contract with any hosting company and I never will. Its silly IMO.

But yes I agree they hold your ass in their hands on this one.
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SuckOnThis

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#16

03-16-2006, 07:51 AM

You guys are all wrong. When someone backs out of a contract the party that breaks the contract is only liable for actual damages. I cannot see how they would be able to collect fees for 8 months. Its just like if you sign a lease for an apartment for a year and break it the first month, you are only liable for the rent until the apartment gets rented again, and the landlord has to make a good faith attempt to re-rent it.

I would tell them you will pay them for another month and thats all their going to get. If they agree to it then I would get it in writing that you are out of the contract and if they don't agree to it tell them they are getting nothing and to shove it up their ass.
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jjjay

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#17

03-16-2006, 07:54 AM

Originally posted by Ross

I've never signed a contract with any hosting company and I never will. Its silly IMO.

But yes I agree they hold your ass in their hands on this one.

some dedicated server providers insist you sign for at least a year
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SmokeyTheBear

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#18

03-16-2006, 08:09 AM

Originally posted by SuckOnThis

You guys are all wrong. When someone backs out of a contract the party that breaks the contract is only liable for actual damages. I cannot see how they would be able to collect fees for 8 months. Its just like if you sign a lease for an apartment for a year and break it the first month, you are only liable for the rent until the apartment gets rented again, and the landlord has to make a good faith attempt to re-rent it.

I would tell them you will pay them for another month and thats all their going to get. If they agree to it then I would get it in writing that you are out of the contract and if they don't agree to it tell them they are getting nothing and to shove it up their ass.

hmm i dunno about that .. how do cell phone companies get away with charging you for the full contract even if you only use the srvice a month , then cancel ?

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SuckOnThis

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#19

03-16-2006, 08:34 AM

Originally posted by SmokeyTheBear

hmm i dunno about that .. how do cell phone companies get away with charging you for the full contract even if you only use the srvice a month , then cancel ?

Which is exactly the reason why they have an early termination fee or cancelation fee. Otherwise they wouldnt be able to collect from breaking the contract.

It all comes down to this when breaking contracts; ACTUAL DAMAGES. A party is not allowed to profit due to another party breaking a contract. So lets take this server company for example, lets say he breaks his contract and the next month they lease the server to someone else. Should they be allowed to make twice as much for the next 8 months on that server? No, he is only responsible for the time the server is not being leased, which would be their actual damages.
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Tricksy

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#20

03-16-2006, 08:35 AM

Contract is contract, unfortunately..

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SuckOnThis

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#21

03-16-2006, 08:36 AM

Originally posted by SuckOnThis

A party is not allowed to profit due to another party breaking a contract.

Let me rephrase that. A party is not allowed to profit more than the original contract called for.
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SmokeyTheBear

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#22

03-16-2006, 08:43 AM

Originally posted by SuckOnThis

Which is exactly the reason why they have an early termination fee or cancelation fee. Otherwise they wouldnt be able to collect from breaking the contract..

hmm just looking at me cell phone contract . the "early termination fee" is the same as it would be if i ran out my contract .. although i do understand your point

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SuckOnThis

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#23

03-16-2006, 09:01 AM

Originally posted by SmokeyTheBear

hmm just looking at me cell phone contract . the "early termination fee" is the same as it would be if i ran out my contract .. although i do understand your point

Right, and thats how they get around it. Many people think contracts can force people to perform to the terms and that is simply not the case. This happens all the time with real estate, people sign a contract to purchase property and then for whatever reason they change their mind. Can they be forced to still purchase the property? Of course not, but they will lose any earnest money they put down which is supposed to cover any damages the seller may have incurred due to the buyers failure to perform.
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#24

03-16-2006, 11:31 PM

Any hosting can screw a customer ...

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Tempest

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#25

03-16-2006, 11:55 PM

Usually when a hosting company gives you a great deal, you sign a 1 year contract.. If you signed it, you're probably stuck with it. That's why I always made sure there's a termination clause and fee specified in the 1 year contracts I sign.
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#26

03-17-2006, 12:22 AM

Originally posted by jdavis

The contract states if they are giving you a service you have to pay for a certain amount of time. If they stop giving you a that service they more or less breached the contract themselves and can't charge you for something you aren't getting. I would take them to court.

he is the one that wants to breach the contract . . . . BTW, what happened on that deal you wanted to do with me last week?
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Pinklinkz

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#27

03-17-2006, 12:25 AM

the fact is ... on the strength of your contract they will have made arrangements for the server ... if you back out they will still have to pay for the services they had in place for you.

honour your contract, like you would expect people to honour contracts you had for them

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everestcash

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#28

03-17-2006, 02:01 AM

hm... sometimes it's a good idea to sign up for monthly fees only.

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