Business's response - by ChadRon 2/26/2010
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After contacting this customer and explaining our position, we are unable to issue a refund for this account. The claim that he was not informed isn’t true. The customer has confirmed that he received the support ticket that we sent to him at the same time his site was moved to a stabilization server.
It was imperative that the account was moved to the stabilization server as the amount of resources the website was using almost crashed the server. This measure was taken to maintain the server’s integrity and all other customers on it.
Even though the website only experiences high volumes of traffic around Valentine’s Day, we cannot allow this account or any other to consume the amount of resources that it did. It is standard policy to suggest upgrading to a dedicated server when this occurs. It is NOT a demand or an attempt to extort money from a customer. It is also not against the law for us to set resource limits, disallow any customer from utilizing a majority of the resources on a shared server, move their account to a stabilization server, or suggest that they move to a dedicated server.
Our Acceptable Use Policy (http://www.lunarpages.com/acceptable-use/) contains the following sections:
Section 10: You agree not to undertake any action which is harmful or potentially harmful to the Lunarpages server structure.
Section 15: You agree that Lunarpages will make the sole determination of any whether this policy has been violated. This policy may be amended by Lunarpages at any time without notice to you by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be your obligation to check this page regularly for updates to this policy.
We apologize for the inconveniences Mr. Cooke has experienced with our service.
Greg Keil
Customer Service Manager
Lunarpages Web Hosting
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