Re: Beware DTNSpeed Net

["Mike808" <mike808@users.sourceforge.net>]

Herbie wrote ..
> Darren replies 'You have violated our AUP'.
...
> I'm still waiting for an explanation, a UPS sticker to return the 
> equipment and a refund for almost 3 months of service.

Sounds to me, if you do not have any notification _in writing_
from DTN, that they are cancelling your service due to AUP violations,
you should read your contract very carefully.

It should spell out exactly the terms of cancellation -- by EITHER PARTY.

If DTN has not followed their own terms in cancelling your service,
then you have a valid claim that they are in breach of contract.

This means you can file in small claims court (to which they will likely not
show up, and you win by default, or they send a couple of very expensive
corporate lawyers to show up, where they will either lose, or you will
get a "settlement" just prior to the court date that happens to be your
refund amount. Hold out for covering your court costs and time filing
the case. They would do no less if it were them, you can point out.

You should also send a written complaint, pretty close to your testimony
in the court filing, summarizing their breach of contract, to your state 
telecommunications oversight board, as well as the local better business 
bureau, even if DTN isn't a member. Also send a letter to your local 
chamber of commerce. You might consider sending it to your state attourney
general, as a pattern of continual breach of contracts that defraud the
fine citizens of his/her state of their hard-earned after-tax dollars
is something that elected officials want to know about. See if your
local congresscritter is on one of the utility/telecom oversight
committees, and if so, send them a letter too.

Officially, you experienced service problems. You contacted their
technical support to resolve the problem. You were given various
_verbal_ assurances and explanations, which seemed to change
over time, depending on whom you talked to. Point out that they
seemed a) disorganized, b) unsure of what the problem is (since
they could not describe it to you), c) unable to resolve it,
and d) NOTHING IN WRITING.

Keep in mind that their own contract very likely has a clause that says
that the contract is the SOLE BINDING AGREEMENT between you and DTN, 
and cannot be changed, abridged, or otherwise changed IN ANY WAY,
unless it is in writing and _signed_. i.e. phone conversations,
notices, email, etc. have NO bearing on either you or them in
fulfilling the terms of the contract.

So it doesn't matter what Darren or anyone else told you about
what's going on or what's wrong. It wasn't in writing.

In short, they are in breach, from what you've described.

Now, just make sure that you're notifying them that they are in breach
exactly according to the terms of the contract. There may be
an arbitration clause, in which case you may not be able to bring
it to small claims court. You'll need to follow the arbitration
process exactly if you want to have any chance of winning.

Because if _you_ breach the contract, then your claim of _them_
being in breach is moot, and the decision will be that both sides
are in breach, everyone just walks away, no harm, no foul. And it
will suck that you're out the money.

Also, if the contract spells out any claims process for a refund for 
non-delivered service, since it _is_ a service contract, then you need 
to follow the procedure for doing so exactly.

Now, here's the paranoid viewpoint. If you have been doing
naughty things using the Internet, then they're on the hook
for your activity.

This may have been their way of cutting a customer that is causing 
various LEA agents to show up at their offices and start asking questions
and asking for logs, records, and to install sniffers. Maybe even with a subpoena.

Usually not, since the story is that the LEA wouldn't be investigating unless
you were guilty of something, and it would be unfortunate if DTN were to
become a target of an obstruction of justice investigation itself, ....
You see, we don't need no stinkin' subpoenas.

In general, _any_ LEA involvement will cause them lots of grief and extra work 
they didn't have to do before they had this particular customer that may or 
may not be a target of an investigation.

So, they make a business decision to make you "not their problem",
the LEA people go away, and they go back to normal business.

Just because you're paranoid doesn't mean they're not out to get you.

Mike/


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