If You are looking For a Crap Web Hosting Service, I have Found it For You:
1 and 1 Hosting (www.1and1.com)
Index
1. The Situation
2. Response from 1 and 1's Law Firm
3. My Response to 1 and 1's Law Firm
1and1 is a German company: http://press.1and1.com/files/portfolios/Company_Timeline.pdf
Their association with Schlund & Partner AG is not clear: http://registrar.schlund.info
One
of the domains I registered with 1 and 1 went to Schlund & Partner
and as of this date (2/16/2010) they will not allow me to transfer the
registration to another Registrar. Whenever I call 1 and 1 about it
they give me a different answer. They are also pathological liars.
1. The Situation
From: "Jed Margolin"
To: <legal@1and1.com>
Subject: Fw: Cancellation and Demand Letter
Date: Thursday, February 11, 2010 12:38 PM
Your company has refused to even open the email I sent.
What is the address at which you accept Legal Service in the United States?
Jed Margolin
======================
----- Original Message -----
From: Jed Margolin
To: support@1and1.com ; sales@1and1.com ; billing@1and1.com
Sent: Wednesday, February 10, 2010 10:58 PM
Subject: Cancellation and Demand Letter
Dear Sirs,
This is regarding Contract 6638051. My Customer Number is 8761169.
To my recollection I have been a subscriber since May 2005.
I moved my major web sites to 1and1 around February 2009. (jmargolin.com, cordevistahoa.org, storeycountywindfarms.org, etc)
At
the time, I stressed that the server access logs were the major reason
I moved my web sites to you. My previous web hosting service had
screwed up my server logs, making them useless.
And now you have done the same thing.
1.
You lost the entire day's log for January 6, 2010. Your customer
support was abysmal. It cost me several phone calls and numerous hours
on the phone just to get the answer that you had irretrievably lost it.
2.
You initially lost the entire day's logs for Sunday, January 12, 2010
but was eventually able to restore most of it. Again, it cost me
several phone calls and numerous hours on the phone.
3.
Starting Sunday, January 17, 2010 you made the weekly access logs
completely useless by masking the IP addresses in order to make them
anonymous. It cost me several phone calls and numerous hours on the
phone before you would even admit you were doing it on purpose and it
was not another bug.
4. Your phone support people are
useless and infuriating. It is likely that your records of my numerous
phone calls are garbled and do not correctly state the problems.
You have breached our contract in a material way.
Therefore:
1. I am canceling account Contract ID 6638051 immediately.
2. I want a refund for the approximately 59 months that I have been a subscriber.
3. It cost me approximately 15 phone calls for the problems you created, totaling approximately 15 telephone hours.
4. It cost me approximately 8.2 hours to move my web sites to another Web Hosting Service.
5.
It cost me approximately 15.4 hours to rewrite my software for
analyzing the access logs to make it compatible with the format used by
my new Web Hosting Service.
The total hours of my time that you have wasted is approximately 38.6 hours.
My
rate as an engineering consultant in patent infringement cases is
$500/hour. However, I will give you a break and charge you only
$275/hour.
38.6 hours times $275/hour = $10,615.00
This is what you owe me.
(These are U.S. Dollars.)
This is a Legal Demand Letter.
I suggest you take it seriously, send it to your attorneys, and have them respond to me with a letter.
Jed Margolin
1981 Empire Rd.
Reno, NV 89521-7430
===========================================
Subject: C157544041 - 1&1 Internet Support
From: support@1and1.com
Date: Thu, 14 Jan 2010 23:49:02 +0100 (CET)
To: Jed Margolin
Dear Jed Margolin, (Customer ID: 8761169)
Thank you for contacting us.
Our
administrators were able to restore your data from our backups of
access logs and have placed them in access.log.01.gz. The previous
incomplete log is now called access.log.01.gz_incomplete. Unfortunately
a portion of time on both the 6th and the 10th were unable to be
restored however.
If you have any further questions please do not hesitate to contact us.
--
Sincerely,
Jordan Gibbens
Technical Support
1&1 Internet
=============================
Subject: C159141892 - 1&1 Internet Support
From: support@1and1.com
Date: Thu, 28 Jan 2010 13:18:35 +0100 (CET)
To: Jed Margolin
Dear Jed Margolin, (Customer ID: 8761169)
Thank you for contacting us.
We
apologize for the inconvenience that it caused you. Please be inform
that for privacy reasons, we start anonymising IP addresses in the
weekly Apache logfiles this week. We can only keep the full IP adresses
for no longer than one week.
If you have any further questions please do not hesitate to contact us.
--
Sincerely,
Mitzileen Mantilla
Technical Support
1&1 Internet
2. Response from 1 and 1's Law Firm
From: "IP Compliance" <ip_compliance@erblaw.com>
To: "Jed Margolin"
Cc: <legal@1and1.com>
Subject: Re: Cancellation and Demand Letter
Date: Friday, February 12, 2010 7:15 AM
Dear Mr. Margolin:
This
office represents 1&1 Internet Inc. (1&1) in corporate
and related matters. 1&1 is in receipt of your correspondence
relating to your 1&1 account. Your request for account
cancellation has been accepted and the account will be terminated
effective February 25, 2010.
While 1&1 will investigate the
matter in question, 1&1 disputes any liability and, should you
initiate a lawsuit, the company will defend itself vigorously in
court. Please be reminded that, pursuant to 1&1's
General Terms and Conditions of Service (the "GT&C"), to
which you agreed when you signed up for 1&1's services, any
action must be filed in Philadephia, Pennsylvania. Further, the
GT&C provide for indemnification of 1&1's costs--including
1&1’s attorneys’ fees --resulting from any failure to adhere to the
above jurisdiction and venue clauses as well as for any misuse of
your account, regardless of the result of the underlying lawsuit.
In other words, even if you were to win your underlying lawsuit, and we
vigorously deny you would, you would still be responsible
for the attorneys’ fees that 1&1 incurs in moving the case to
Philadelphia, where it must be held, according to the GT&C.
Sincerely,
IP Compliance
[my quoted email]
__________________________________
1&1 IP Compliance
The Erb Law Firm, PC
www.erblaw.com
ip_compliance@erblaw.com
3. My Response to 1 and 1's Law Firm
(Remember, they specialize in representing German companies.)
From: "Jed Margolin"
To: "IP Compliance" <ip_compliance@erblaw.com>
Cc: <sales@1and1.com>
Subject: Re: Cancellation and Demand Letter
Date: Friday, February 12, 2010 8:17 AM
Lieber ERB Law Untergeben,
Ich
hoffe, dass Sie ein langer, ein glückliches Leben leben, weil, wann Sie
sterben, Sie zum Teufel gehen, Und ich werde Sie dort begrüßen.
Mit freundlichem Gruß,
Jed Margolin
-----------------
For those who don't speak German:
I hope you live a long and happy life,
because when you die, you are going to Hell,
and I'll be there to welcome you.
Jed Margolin
Virginia City Highlands, NV
February 16, 2010