Re: [cobalt-users] Off topic: Legal question concerning suspended hosting accounts

[Kris Dahl <krislists@xxxxxxxxxxxxx>]

on 4/10/00 6:47 AM, Steven Werby at steven-lists@xxxxxxxxxxxx wrote:

> My question isn't Cobalt related, but it is web hosting related so there are a
> lot of list members who have the experience to answer my question.  I recently
> suspended the account of a web hosting client who was delinquent on two
> payments
> and had been promising payment, but had not delivered.  I took his site
> offline
> and redirected all web requests to a page with the following message:
> "site.tld
> has been suspended due to non-payment."  36 hours later the client called to
> tell me he was sending a check via FedEx.  He also claimed that he had talked
> to
> his lawyer and his lawyer said that my posting of a statement like that was
> illegal b/c (in his words) "You can't disclose a client's financial status
> publicly.  It's illegal."  I have since modified the statement to appease the
> client.  My goal was to get the client's attention so I was successful.  But,
> was the message I posted illegal?  I suppose I could have said "site.tld has
> been suspended due to violation of company policies".  Or is that illegal too?

I'm not sure what the legalities would be, but I imagine it may be covered
under the fist amendment if you *really* had to push it.

I should be able to say, protected by the constitution, that my client is a
deadbeat.  While that may be considered slanderous, if you say that your
client hasn't paid the bill for service, it absolutely can not be--its a
fact.

You're not disclosing *anything* about the financial status of the client.
You are simply stating that they have 'forgotten' or not been able to make a
payment for services rendered.

Sure it is embarrassing, but that is because it implies that they are
lacking professionally, not that they in an bad financial position.  And
that's what makes them pay up.

One thing that I would say is give them a 48 hour notice, saying the site
will be suspended regardless of weather the check is in the mail (or if they
can provide a check routing number, and the tracking number of the FedEx
overnight package, if you are so inclined).  The threat alone should be
enough to receive prompt payment.

-k