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

["Steven Werby" <steven-lists@xxxxxxxxxxxx>]

Rik Thomas and Kris Dahl, thank you for your replies.

Rik Thomas <rikt@xxxxxxxxxxxx> wrote:
> I believe the lawyer is correct.  Just like you can't have public
> blacklists.

After some thought, I've decided that it would probably be in my best interests
in the future to redirect suspended sites to a page similar to the one that Rik
Thomas uses (http://uc.delaware.net).

> There have been people who have sued small shops who posted
> checks on the walls that were bad.  I even think there was a "Seinfeld"
> eposode about it!  :)

Oh yes.  The store owner was going to remove Jerry's bad check from the wall if
L'il Jerry Seinfeld (Kramer's rooster) lost the cock fight.

Kris Dahl <krislists@xxxxxxxxxxxxx> wrote:
> 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 don't want to get into a legal battle.  It's not worth it over something like
this.

> 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.

That's my stance, but I know now that it may not be valid from a legal
standpoint.  I thought I was operating within the bounds of the law.  My goal
was to get the client's attention.  Mission accomplished.

> 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.

Exactly.

> 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.

This client has a history of delinquency, not only on hosting fees, but on
development work we did.  If I had stuck to the terms of my hosting contract,
his account would have been suspended 4 weeks ago.  Over the last month I sent
email reminders weekly and postponed suspension of his account due to his
multiple promises of pending payment.  The client even agreed that I was more
than fair and he said he expected his site to be suspended.

This morning he called and gave me a FedEx tracking # and payment through the
end of May should be here tomorrow...unless he sent me a blank envelope.  <grin>

Steven Werby {steven-lists@xxxxxxxxxxxx}