Legal Question in Legal Ethics in California

I run an online business on the server named Hostverse. Two 1/2 weeks ago, I made an early payment for more than the months due amount and right after when I went to go sign in all my links/website address everything was not working. So I e-mailed Hostverse for the entire 2 1/2 weeks to not one response. I was losing money at this point. So a CPA marketing colleague of mine also had hostverse--so he signed into his account and opened a support ticket on my behalf so I could hopefully get an answer as to what was going on. Yes, they responded to him right away only they told him that because he opened the ticket on my accounts behalf they shut his business down and deleted his entire account. Then following this event when I sent them an e-mail once again asking for an explanation they finally sent an email accusing me of being fraudulent in my dealings with them and to communicate with Tina Williams for an answer as to what was going on. At this point I was shocked. Never have I been fraudulent nor ever would be. Turns out that about 3 months ago when my bank account debit card was stolen so I froze my account while they investigated. So, to pay for my hostverse account I gave my friend Tina Williams the cash as she paid with her debit card for me. What happened after that I don't know. In another e-mail shortly after the first, Hostverse said that this would be the last contact to me of any sort and proceed to state that following a couple charge backs they determined all on their own that I was involved with something fraudulent with them and they wiped out my entire website and everything else I had on my server. They did so without even sending me 1 e-mail even letting me know the situation. I feel that Hostverse not only assumed but acted as judge and jury accusing me of fraud when never in my life have I nor want to be a part of any fraud. My friend Tina and I after piecing things together since Hostverse won't help, I gave Tina Williams the cash to put my Hostverse payments on her debit card while my bank figured out who stole my debit card for my account-freezing my money temporarily. So I gave TIna the cash to pay with her debit card and 3 months later she forgot I gave her the cash and she forgot what Hostverse even was for. So she had her assisstant deal with the situation and her assisstant handled it improperly by going to the bank first rather than the vendor Hostverse to get charge backs. None of this I ever knew happened until after they shut me down. Tina forgot it was for me and therefore, never mentioned it to me. Because the bank was contacted first Hostverse blackballed me and my business. And also, one of my marketing colleagues attempted to help my and opened a support ticket on my behalf to help me figure out what happened and Hostverse deleted his entire online business as well no questions asked. This is not right in my opinion. Had Hostverse sent me an email about the charge backs that I was not aware of I would have happily paid them what is rightly owed them. Not one email. I feel Hostverse is taking the law into their own hands and assuming and accusing people of doing illegal things. They can't do that. Do I have any recourse here. They are way out of line. I am a law abiding citizen being treated like a malicious criminal based on assumpions. Thank-you,

Crysta Swindell


Asked on 11/01/12, 11:02 am

1 Answer from Attorneys

Legal Ethics and Professional Responsibility is a topic for questions regarding attorney conduct, lawyer malpractice, and attorney/client laws and ethics. It has nothing to do with the kind of question you are asking. So we attorneys who answer those kinds of questions have no answer for you.

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Answered on 11/01/12, 11:08 am


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