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[cobalt-users] RE: asheville-computer.com & valuetech.com - ISP hosting service problem or LEGAL problem?

I'm beginning to see the problem.


When I accused Drew T. Nichols of "acting like a child" I was unaware of the
prophetic nature of my words.

http://www.augustachronicle.com/images/headlines/080498/teen_entrepreneur.jp
g
http://www.augustachronicle.com/stories/080498/tec_124-7002.shtml

There is definitely a downside to teenager Drew's exultation in the article
above
"The good thing about the Internet is you can be what you want to be," Drew
said. "Your age, your color, your size, the way you look doesn't matter at
all."

IT MATTERS, Drew!

People should have the right to know if they are dealing with a child.

I suppose I'll be talking to his parents about the legal problems he is on
the verge of creating?

Someone kindly put me in touch with them?


Anyone know how much of the information about Valuetech.com on-site is false
(other than the "guarantee" of 24x7x365 service) -specifically, are their
false personages listed as executives, or any other fraudulent bits of
"information" ?  see:
http://www.valuetech.com/about.shtml
I am not finding verification of the existence of a corporation "Valuetech,
Inc."
It is not registered with the U.S. SEC. (search via Edgar)
Not registered with the State of Georgia
http://www.sos.state.ga.us/corporations/corpsearch.htm
Can't find records online for So. Carolina, will have to call tomorrow
http://www.state.sc.us/consumer/complaint.htm
Tomorrow, I'll also begin locating and contacting Valuetech (Inc ?) clients
to compare notes and gather information, in addition to the "better business
bureaus" in Atlanta, Birmingham, Maudlin, Greenville, Ft. Lauderdale,
Columbus, Chicago, and any other cities where I find references to Valuetech
(Inc ?) doing business.


Unless of course - my email is working.


thanks,

Dave Hartley,
Asheville Computer        -][-  Tri-Cities Computer
86 N. Lexington Ave.      -][-  200 W. Oakland Ave.
Asheville, NC 28801       -][-  Johnson City, TN 37604
toll-free (877) 245-2626  -][-  toll-free (877) 245-3362
local (828) 285-0240      -][-  local (423) 952-0983
http://www.asheville-computer.com/
===============================================


-----Original Message-----
From: Dave Hartley [mailto:ashevillecomputer@xxxxxxxx]
Sent: Sunday, October 15, 2000 6:49 PM
To: 'dn@xxxxxxxxxxxxx'; 'rsmith@xxxxxxxxxxxxxxxx';
'bgp4-admin@xxxxxxxxxxx'
Cc: 'hostmaster@xxxxxxxxxxxxx'; 'support@xxxxxxxxxxxxx';
'admin@xxxxxxxxxxxxx'; 'Neil J. Kemp Senior Technical Advisor'; 'Darrick
Wilkins VP Operations'; 'Peter N. G, VP Public Relation';
'drew.nichols@xxxxxxxxxxxxx'; 'drew.nichols@xxxxxxxxxxxxx';
'wellnow@xxxxxxxxxxxx'; 'jeff.gordon@xxxxxxxxxxx';
'sales@xxxxxxxxxxxxx'; Cia-Drugs (E-mail); 'spynews@xxxxxxxxxxx';
InTheShadows (E-mail); Rayelan Allen (E-mail)
Subject: RE: asheville-computer.com - service problem or LEGAL problem?


You are pitiful, Drew.
Please don't try to pretend that this has anything to do with an unpaid
bill.

You advertise "24x7x365" service and technical support, and as you yourself
acknowledge, the service I have recieved has been "poor" - to which I might
ad the adjectives "incompetent" and "unresponsive" and a few others.

There has been no communication or request from you for payment of any bill,
in fact the last correspondence I have recieved from you was a CHECK for a
REFUND due to POOR SERVICE in a previous month.

I've been extremely patient with your poor service, as you've made a string
of excuses and claimed to be moving my domain to a "better" server on MORE
than one occasion.

If my domain and email are not up and running bright and early Monday
morning, Drew....

I WILL see you in court.

You might want to ask Jeff what his opinion is before choosing to make me
your enemy, which you will surely do if you attempt to cover up your
piss-poor service with me, which is fairly well documented even if you alter
YOUR records or otherwise try to hide the truth that you have FAILED
MISERABLY in providing your "GUARANTEED" level of service.

If you'd like to handle the problem like a man instead of a little child who
tries to make excuses to cover up his failures, I'll pay you half of
whatever amount would have been due to you, had you provided the service you
are contractually obligated to have provided.

There will be one condition:

Instead of willfully causing a situation where I will experience loss of
business revenue and considerable inconvenience due to your capricious
pretension of "termination" of service for any reason, you will be certain
that my service is restored post-haste; I will then institute the process of
setting up my own dedicated server, which..  had you been able to conduct
business, communications, and yourself in a responsible businesslike
manner - would have been done with your service... and will then move my
domain to that server.

Probably two weeks should be sufficient.

If you force me to seek redress in court, Drew- I WILL do so... this would
take the form of suit for recovery of lost business revenues of several
thousand dollars per day, based on your willful failure to provide
guaranteed and advertised service, a fact which you yourself have
acknowledged.
Should you choose this course, I will also exercise my imagination in
figuring out any other ways I can make things difficult for you, including
contacting any and all of your service providers, subpoena of your and their
records, etc.

Since this may affect others whom I have not yet taken the time and trouble
to track down, please forward this to anyone with a legal or financial
interest in Valuetech.com.
I note that your two differend phone #'s as listed in NetworkSolutions
domain name records for valuetech.com and valuetech.net are both
disconnected, but will pursue all other available avenues of contact.

This mail is going out to probably a thousand or so people who I am in
communication with normally via asheville-computer.com, by way of informing
them of the nature of my current difficulty maintaining communication, and
my temporary alternate address:
ashevillecomputer@xxxxxxxx

You had a chance at $400 - $500+ /month in hosting our corporate and
subsidiary sites, but you blew it.

Now you have a chance at "damage control" .. let's see how you fare.

I strongly hope and suggest that you choose the easy way; the honest and
honorable way out of the problem, because if you don't - my sense of
propriety will require me to spend a great deal of effort extracting just
compensation from you.

If you are technically unable to restore www and ftp service for the two
weeks or so that it will take me to move my domain to my own dedicated
server, I will settle for simply retrieving email - if you fail on this...
you will be creating a bigger problem than you might have imagined.


with deadly sincerity,

Dave Hartley,
Asheville Computer        -][-  Tri-Cities Computer
86 N. Lexington Ave.      -][-  200 W. Oakland Ave.
Asheville, NC 28801       -][-  Johnson City, TN 37604
toll-free (877) 245-2626  -][-  toll-free (877) 245-3362
local (828) 285-0240      -][-  local (423) 952-0983
http://www.asheville-computer.com/
===============================================


-----Original Message-----
From: ValueTech.com [mailto:dtnichols@xxxxxxxxx]
Sent: Sunday, October 15, 2000 10:55 AM
To: Dave Hartley
Subject: RE: asheville-computer.com


Dave,
Your account has been closed anyway, since you have
not paid a bill in three months.  Please stop sending
us email if you refuse to pay any of your balance,
which is of course your right given the poor service
you have received.

Drew

--- Dave Hartley <ashevillecomputer@xxxxxxxx> wrote:
> Suggest you consider monitoring from another
> location.
> I am experiencing NO difficulty with other sites on
> the 'net, nor with mail
> from @home.com.
>
> I cannot reach www.asheville-computer.com, nor can I
> retreive mail from
> mail.asheville-computer.com;
> WS_FTP reports "connection failed/connection
> refused"
> Pinging www.asheville-computer.com, responds
> correctly, rapidly even.
> Pinging mail.asheville-computer.com TIMES OUT, no
> repsonse.
>
> ===================================================
> === VisualRoute report  on 15-Oct-00 1:01:44 AM ===
> ===================================================
>
> Report for www.asheville-computer.com
> [63.89.244.202]
>
> Analysis: Node 'www.asheville-computer.com' was
> found in 14 hops (TTL=242).
> Connections to HTTP port 80 are being rejected.
>
>
>
> Dave Hartley,
> Asheville Computer        -][-  Tri-Cities Computer
> 86 N. Lexington Ave.      -][-  200 W. Oakland Ave.
> Asheville, NC 28801       -][-  Johnson City, TN
> 37604
> toll-free (877) 245-2626  -][-  toll-free (877)
> 245-3362
> local (828) 285-0240      -][-  local (423) 952-0983
> http://www.asheville-computer.com/
> ===============================================
>
>
> -----Original Message-----
> From: ValueTech - Angela
> [mailto:Sales@xxxxxxxxxxxxx]
> Sent: Saturday, October 14, 2000 8:58 PM
> To: Dave Hartley
> Subject: Re: asheville-computer.com
> Importance: High
>
>
> Hello Dave,
>
> I have alerted the technical staff and my boss of
> this situation and am
> presently monitoring your site.  I will do so all
> weekend long.  While we
> are involved in upgrade activity, it should not
> affect any site.
>
> Your site, http://www.asheville-computer.com/, has
> been accessible
> continuously since I have begun to monitor it,
> loading quickly after
> refresh.  I will be monitoring it throughout this
> weekend and as long as
> need be.
>
> My apologies again.
>
> Sincerely,
>
> Angela Allen
> ValueTech Sales
>
>
>
> -----Original Message-----
> From: Dave Hartley
> [mailto:ashevillecomputer@xxxxxxxx]
> Sent: Saturday, October 14, 2000 4:16 PM
> To: drew.nichols@xxxxxxxxxxxxx;
> wellnow@xxxxxxxxxxxx;
> Sales@xxxxxxxxxxxxx; jeff.gordon@xxxxxxxxxxx
> Cc: support@xxxxxxxxxxxxx; admin@xxxxxxxxxxxxx;
> 'Neil J. Kemp Senior
> Technical Advisor'; 'Darrick Wilkins VP Operations';
> 'Peter N. G, VP
> Public Relation'; drew.nichols@xxxxxxxxxxxxx
> Subject: RE: mail& www down again
>
>
> again.... and again, and again.
>
> mail's been down all day..
>
> similar problems recently:
> 9/5
> 9/7
> 9/14
> 9/21
> 9/28
>
> http://www.valuetech.com/index.shtml
> ValueTech is an industrial strength Web Hosting
> provider.  With over five
> years experience, ValueTech has worked with
> thousands of corporations and
> has the experience you need.  Technical support is
> available  toll-free and
> by e-mail from 4 AM through 10 PM Eastern every day.
>
> Our servers are never overcrowded.  With 256 MB RAM
> and an average of less
> than 100 Web sites on each server, your site can
> experience traffic spikes
> without overloading or compromising the server. We
> maintain our systems in a
> way such that your site loads instantly and is
> available 24 x 7 x 365,
> guaranteed.
> =======================
>
>
> My experience with your company is drastically in
> conflict with the claims
> made above.
>
>
> Dave Hartley,
> Asheville Computer        -][-  Tri-Cities Computer
> 86 N. Lexington Ave.      -][-  200 W. Oakland Ave.
> Asheville, NC 28801       -][-  Johnson City, TN
> 37604
> toll-free (877) 245-2626  -][-  toll-free (877)
> 245-3362
> local (828) 285-0240      -][-  local (423) 952-0983
> http://www.asheville-computer.com/
> ===============================================
>
>
> -----Original Message-----
> From: ValueTech - Angela
> [mailto:Sales@xxxxxxxxxxxxx]
> Sent: Thursday, September 28, 2000 9:23 AM
> To: Dave Hartley
> Subject: RE: mail& www down again
>
>
> Hello Dave,
>
> We have been working on this issue for several hours
> and hope to have it
> resolved soon.
> I am very sorry for this inconvenience.
>
> Sincerely,
> Angela Allen
> ValueTech Sales
>
>
> -----Original Message-----
> From: Dave Hartley
> [mailto:ashevillecomputer@xxxxxxxx]
> Sent: Thursday, September 28, 2000 3:34 AM
> To: drew.nichols@xxxxxxxxxxxxx; wellnow@xxxxxxxxxxxx
> Cc: support@xxxxxxxxxxxxx; admin@xxxxxxxxxxxxx;
> 'Neil J. Kemp Senior
> Technical Advisor'; 'Darrick Wilkins VP Operations';
> 'Peter N. G, VP
> Public Relation'
> Subject: mail& www down again
>
>
> ===================================================
> === VisualRoute report  on 28-Sep-00 4:21:16 AM ===
> ===================================================
>
> Report for www.asheville-computer.com
> [63.89.244.202]
>
> Analysis: IP packets are being lost past network
> "UUNET PIPEX" at hop 10.
> There is insufficient cached information to
> determine the next
> network at hop 11. Connections to HTTP port 80 are
> being rejected. Node
> 146.188.138.177 at hop 10 in network "UUNET PIPEX"
> reports
> "The destination host is unreachable".
>
>
----------------------------------------------------------------------------
>
----------------------------------------------------------------------------
> ---
> | Hop | % Loss | IP Address      | Node Name
>                   |
> Location                | Timezone | ms | Graph
> | Network
>
=== message truncated ===


=====
Andrew T.  Nichols @ ValueTech, Inc.
drew@xxxxxxxxxxx

ValueTech 24-hour tech support: 770-213-3238

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