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My WebHost Ripped Me Off!!!! - NEED LEGAL ADVICE

K

Kenji4861

Banned
1. I'm signed up with Aplus.net SoloXR plan which says "UNLIMITED" Bandwidth.

2. My site was put on hold for exceeding bandwidth

3. I called the tech support and he said.. "yes, there is a limit.. it's the unspoken rule", but he wouldn't tell me what the limit is.. and how much I went over.

4. He tells me to upgrade for $10 more/month, but there will still be a limit. He will not tell me what the limit is. He also says.. if I don't like that.. I can pay for the extra bandwidth I use (which he won't give me a price for)...

5. At this point.. I'm a little frustrated... I say "you guy's are giving me no choice but to upgrade, I'm on a year contract, I don't know what the limit is... I don't know what the cost is..."

6. He tells me he can't put up the site until I either upgrade, or decide to bring down my traffic.

This is bad...
 
Originally posted by: CptObvious
goes to show, there is NEVER such a thing as unlimited when it comes to metered services
Click to expand...
Exactly, can you refuse to pay them if you are on a contract? Find a new host now.
 
Originally posted by: CptObvious
goes to show, there is NEVER such a thing as unlimited when it comes to metered services
Click to expand...
Yes, though it's still false advertising unless there is some fine print in the full hosting contract.

But their offer is in the "too good to be true" category so I wouldn't have fallen for it.
 
Originally posted by: DaveSimmons
Originally posted by: CptObvious
goes to show, there is NEVER such a thing as unlimited when it comes to metered services
Click to expand...
Yes, though it's still false advertising unless there is some fine print in the full hosting contract.

But their offer is in the "too good to be true" category so I wouldn't have fallen for it.
Click to expand...

If it's false advertisement.. what can I do?
 
I used to work with Websolo/Aplus.net back in 2000/early 2001, using their Solo II plan. I distinctly remember there being a guaranteed 5 GB of transfer bandwidth allowed before they specified there may be "checks" to see if bandwidth is properly being used on their unlimited accounts. We hugely went past the 5 GB barrier each month but being an educational site for a high school I think they went easy.

Get your story heard on WebHostingTalk.com if nothing else. Write some irritated e-mails to their customer service, threaten to block their charges to your CC and unspecified more. Good luck!
 
I used APlus for a day, then canceled, because the service was blah. The "unlimited" bandwidth isn't really that. I canceled, and was charged a $30.00 dollar fee for it. Paid the $30.00 and left it at that. 🙁

Signed up with Dixiesys and haven't been happier. 🙂
 
yea, i bet there is some fine print that talks about if you are using a more bandwidth than the average or something.

i would call back and ask to speak to his manager... not telling you a.) what the limit is, and b.) how much you are using, is retarded.
 
Originally posted by: Kenji4861
Originally posted by: DaveSimmons
Originally posted by: CptObvious
goes to show, there is NEVER such a thing as unlimited when it comes to metered services
Click to expand...
Yes, though it's still false advertising unless there is some fine print in the full hosting contract.

But their offer is in the "too good to be true" category so I wouldn't have fallen for it.
Click to expand...

If it's false advertisement.. what can I do?
Click to expand...

Report them to the BBB.
 
You're screwed and again, UNLIMITED BANDWIDTH DOES NOT EXIST!!!

I repeat, UNLIMITED BANDWIDTH DOES NOT EXIST!!!

Since your website is offline I would suggest getting a new webhost ASAP!

How much webspace and bandwidth do you need, also what is your monthly or annual budget?
 
Maybe you should read your contract?

If there is no bandwidth limit specifically stated in the contract, then I would say that Aplus.net is in violation of said contract.

If so, then treat it just like any other contract violation.
 
Originally posted by: tk149
Maybe you should read your contract?

If there is no bandwidth limit specifically stated in the contract, then I would say that Aplus.net is in violation of said contract.

If so, then treat it just like any other contract violation.
Click to expand...

exactly
 
Where is the physical aplus.net located (business office)? I'd put a call through to the better business bureau (BBB) and that city's chamber of commerce.

Because they cannot tell you exactly how you broke the contract and specifically what actions (and costs) it will take to bring the service back, I'd say you have a really legitimate concern here. If your site is a business site, I would also hype the angle that every minute it is off it is costing you business (money). Because the economy is so tight, that city should respond and put the screws to that company in short order.
 
Originally posted by: MaxDepth
Where is the physical aplus.net located (business office)? I'd put a call through to the better business bureau (BBB) and that city's chamber of commerce.

Because they cannot tell you exactly how you broke the contract and specifically what actions (and costs) it will take to bring the service back, I'd say you have a really legitimate concern here. If your site is a business site, I would also hype the angle that every minute it is off it is costing you business (money). Because the economy is so tight, that city should respond and put the screws to that company in short order.
Click to expand...

San Diego Better Business Bureau
 
My experience with Aplus.net is also pretty bad. Back when Ricochet was still in business i set up an account for the service through APlus.

Uknown to me at the time i ordered the equipment and paid the set-up fee's that Ricochet would be going out of business less than a month after. Aplus didn't even bother to tell me this vital information. They collected almost half a grand from me for all the fee's and equipment costs. One week later i got the equipment. Two weeks later Ricochet shut down.

I complained to Aplus and demanded a refund, but alas, to no avail. I did my research about Ricochet's financial problems only after i first received notice of the service terminating. It was only then that i found out the whole dilemma has been in the news all along, so Aplus being the provider should've known about it and should've at least given me the word that it might happen.

I did my research prior to getting the service, but i admit i was only looking at the reviews and not much about how the company is doing.

In the end i got my CC issuer to cancel the charges. I gave them a detailed explanation of my experience. When all was said and done they took my side. In fact the CS Rep adviced me to report the whole thing to the BBB - which i did.

Stay away, stay far away from Aplus.net
 
By the way, Aplus.Net's BBB membership was revoked a while back due to a large number of unresolved disputes and complaints.

As far as your terms of services goes. Article four states, "4. Bandwidth usage. PROVIDER will not restrict the bandwidth used by the CLIENT as long as the use is in compliance with the policies set below."

Additionally, article fifteen of their legal disclaimers states, "Unlimited usage accounts. All unlimited usage accounts are subject to the following restrictions: A/ they are for personal use only. B/ any kind of reselling, sharing, service providing to other parties, public use, hook up of servers, use of software for purposes other than regular Internet browsing etc. is strictly prohibited. C/ violators accounts will be upgraded without notice to a metered plan or canceled without compensation. "

So if you're really just using your site for personal reasons then by law they have to honor what they write down.
 
Kenji4861,

YGPM

As I have turned off my PM's please e-mail me at rossman@gottadeal.com and I'll give you more details.

Repeat after me, you get what you pay for and UNLIMITED INTERNET DOES NOT EXIST!!!.

If you can afford $20.25/mo here's what you can get:
  • Disk Space 3.75GB
  • Bandwidth 45GB
  • Domains & Subdomains unlimited
  • MySQL Databases unlimited
  • Mail & FTP Users unlimited
  • Dedicated Static IP Address yes
  • Domain Aliases unlimited
  • E-Mail Aliases unlimited
  • E-Mail Auto-Responders unlimited
  • Spam Assassin yes
  • Webmail yes
  • Anonymous FTP yes
  • Analog Web/FTP Log Analyzer yes
  • Web Access & Error Logs yes
  • Password Protected Directories yes
  • Perl 5.6.0 / PHP 4.2.3 yes
  • MySQL yes
  • Server Side Includes yes
  • Sendmail Support yes
  • FrontPage 2002 Support yes
  • SSH Secure Shell yes
  • POP3 / IMAP / SMTP Server yes
  • File Manager yes
  • cPanel/WHM 5.3 yes
  • Custom DNS Servers yes
  • Reseller Capable yes
  • $7.09 (35%) referral for every new customer you get signed up

Available extras:
Bandwidth $1.75/GB/month
Disk Space $1/150MB/month
IP Addresses $1.50/month
 
That's really hot, what's the catch?

Originally posted by: RossMAN
Kenji4861,

YGPM

As I have turned off my PM's please e-mail me at rossman@gottadeal.com and I'll give you more details.

Repeat after me, you get what you pay for and UNLIMITED INTERNET DOES NOT EXIST!!!.

If you can afford $20.25/mo here's what you can get:
  • Disk Space 3.75GB
  • Bandwidth 45GB
  • Domains & Subdomains unlimited
  • MySQL Databases unlimited
  • Mail & FTP Users unlimited
  • Dedicated Static IP Address yes
  • Domain Aliases unlimited
  • E-Mail Aliases unlimited
  • E-Mail Auto-Responders unlimited
  • Spam Assassin yes
  • Webmail yes
  • Anonymous FTP yes
  • Analog Web/FTP Log Analyzer yes
  • Web Access & Error Logs yes
  • Password Protected Directories yes
  • Perl 5.6.0 / PHP 4.2.3 yes
  • MySQL yes
  • Server Side Includes yes
  • Sendmail Support yes
  • FrontPage 2002 Support yes
  • SSH Secure Shell yes
  • POP3 / IMAP / SMTP Server yes
  • File Manager yes
  • cPanel/WHM 5.3 yes
  • Custom DNS Servers yes
  • Reseller Capable yes
  • $7.09 (35%) referral for every new customer you get signed up

Available extras:
Bandwidth $1.75/GB/month
Disk Space $1/150MB/month
IP Addresses $1.50/month
Click to expand...

 
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