Sleepys Autos

[A default letter is provided here which indicates your acceptance of the business's response If you wish, you may update it before sending it Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution would be satisfactory to meNexcess has not been easy to work with When contacting Nexcess, the majority of the time you receive a "your ticket has been updated" messageIf you do not have an account with them, you can't log in to see anything, so that is a complete non-answer I notified them by phone of this Revdex.com complaint the same day I filed it, and miraculously the next day action was taken on my complaint by Nexcess It still took them tries to get it right It is a shame they had to force me to file a Revdex.com complaint to get them to do anything I'm just happy to not have to deal with them again, and for now, the infringing images have been removed Regards, [redacted]

We appreciate the opportunity to respond to the concerns Mr [redacted] has raised to the Revdex.com, and separately to us After reviewing Mr [redacted] account, we're not able to locate a record of an offer to refund his service chargesWe also have no requirement to maintain an active account to receive a refundIf possible, we'd be grateful if Mr [redacted] could share the manager's name with us, so we can determine if further training is necessary internally Additionally, we do not advertise some of the features Mr [redacted] was expecting at the service level he chose We're disappointed that Mr [redacted] experience with us was not excellentIn the spirit of goodwill, we are willing to refund $to the original form of paymentMr [redacted] will need to contact our billing department at ###-###-#### by June 1st to cancel his accountFor security, calling our billing department is our standard procedure for all account cancellations

We appreciate the opportunity to respond to the concerns Mr. [redacted] has raised to the Revdex.com, and separately to us.   After reviewing Mr. [redacted] account, we're not able to locate a record of an offer to refund his service charges. We also have no requirement to maintain an...

active account to receive a refund. If possible, we'd be grateful if Mr. [redacted] could share the manager's name with us, so we can determine if further training is necessary internally.   Additionally, we do not advertise some of the features Mr. [redacted] was expecting at the service level he chose.   We're disappointed that Mr. [redacted] experience with us was not excellent. In the spirit of goodwill, we are willing to refund $89.70 to the original form of payment. Mr. [redacted] will need to contact our billing department at ###-###-#### by June 1st to cancel his account. For security, calling our billing department is our standard procedure for all account cancellations.

We appreciate the opportunity to respond to the concerns Mr. [redacted] has raised to the Revdex.com, and separately to us. We’re very sorry that his experience with us has not been excellent, or reflective of our standards for quality service and customer support.   As Mr. [redacted] has...

raised several points of contention, we will address them in the order numbered in his complaint letter:   1)    In regards to Mr. [redacted]’s concerns relating to data loss, our support technicians acknowledged the problem had occurred, and we were able to restore the data in question within two hours. Our records indicate that we offered to compensate Mr. [redacted] for his inconvenience.   2)    Mr. [redacted] states that FTP times out for no reason. In previous communication with Mr. [redacted] (ticket [redacted], and phone communication) we have indicated that the transfer mode Mr. [redacted] chooses to use, and attempting to access systems with incorrect account credentials are the most likely causes of the difficulties he has encountered.   3)    Mr. [redacted] states that passwords suddenly stop working for no reason. We do not currently utilize a mechanism for automatically changing account passwords. At the time of this writing, changing an account password requires manual intervention from a Nexcess employee with sufficient administrative access, or from a customer through our site management tool.   4)    Mr. [redacted] states that ModSecurity rules prevent him from from performing simple actions in our environment. ModSecurity is a widely-used security tool, common across many hosting providers. However, we advised Mr. [redacted] of the security implications of disabling ModSecurity rules. After confirming that he understood and accepted the associated risks, we disabled several of the security rules, as requested in ticket [redacted] on February 25, 2016.   In addition to the above, Mr. [redacted] asks that we make super-user (administrator / root) access available to a third party. To our knowledge, this is not a common practice with any hosting provider. To ensure the security of our infrastructure, we cannot permit administrative access to customers or third parties. However, we are certainly willing to assist in making the data available to Mr. [redacted], or the parties he designates.   At the time of this writing, DNS records indicate that Mr. [redacted] has already chosen to move all but four of his sites. The following records still point to Nexcess:   [redacted].com [redacted].com [redacted].com [redacted]   Our records indicate that we have already provided backups, per ticket [redacted] on March 12, 2016, but we would be happy to provide further assistance in retrieving site data for migration. We have also offered a refund to Mr. [redacted]. However, when our Billing Department informed him of the refund – as he requested in his complaint – his written response included:   “That’s not my credit card and this doesn’t do me a bit of good. In fact it puts me in an embarrassing position with my client when she asks why there’s a refund on her card…”   We find ourselves in something of a conundrum. We believe we have complied in good faith with the technical requests in this complaint, as well as previous requests Mr. [redacted] has made directly. He has asked for a refund, and when we obliged, he demanded that we reverse the refund. We are thus presented with problems for which Mr. [redacted] will permit no solution.

December 21, 2015   To Whom It May Concern,   We are in receipt of complaint [redacted] that was filed on December 17, 2015 regarding an intellectual property issue.  As a preliminary matter, the complaining party acknowledged that all allegedly infringing content was blocked by Nexcess...

as of December 18, 2015.  In addition, the content cited in the original complaint to Nexcess was disabled before our receipt of the complaint from the Revdex.com (Revdex.com).  Lastly, although this issue was not resolved instantaneously, we have attempted to resolve this matter expeditiously while allowing our client the opportunity to resolve the matter themselves.  A full summary of the events surrounding this dispute can be found below. The complaining party originally contacted Nexcess on November 2, 2015 and he generally alleged that his intellectual property rights were being infringed by a website which is hosted by one of our clients.  The complaining party’s complaint was referred to our legal department on November 3, 2015 and the complaining party was promptly informed that Nexcess could not respond due to his failure to meet the standards of the Digital Millennium Copyright Act (DMCA), which governs copyright complaints and Internet Hosting Providers.                We did not hear from the complaining party again until 10:24 p.m. on December 1, 2015 when he submitted a properly formatted complaint alleging copyright infringement under the Digital Millennium Copyright Act.  This complaint was forwarded to our client the next morning and the complaining party was informed as such.  On December 4, 2015, the complaining party asked for an update regarding his complaint and he was informed that we were still attempting to contact our client regarding his complaint.  The complaining party responded by threatening Nexcess with litigation.             As it turns out, the website that is allegedly infringing on the copyright of the complaining party is owned by our client’s end-user.  This means that the owner of the website is a client of our client.  We continually attempted to communicate with our client and, in turn, our client communicated with its client to resolve this issue.  Although we prefer these issues get resolved immediately, we believe in providing our clients an opportunity to address the issues themselves while operating within the confines of the DMCA.  On December 11, 2015, the complaining party asked for an update on the status of his complaint, which is understandable.  However, that same day, he sent another message using offensive, derogatory, and unprofessional language.  Although Nexcess does not respond to messages using the type of language used by the complaining party, he was provided an update when the images contained in his complaint were blocked.             It is worth noting that all of the images cited submitted in the original complaint to Nexcess on December 1, 2015 were blocked before for this complaint from the Revdex.com was received.  In addition, as of December 18, 2015, the complaining party acknowledged that Nexcess blocked all allegedly infringing content submitted by the complaining party.  As a result, no further action from Nexcess is required regarding this matter.  However, our actions in this dispute between the complaining party and our client’s end-user will continue to be guided by the provisions of the Digital Millennium Copyright Act.   Warmest Regards, [redacted]

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. Nexcess has not been easy to work with.  When contacting Nexcess, the majority of the time you receive a "your ticket has been updated" message. If you do not have an account with them, you can't log in to see anything, so that is a complete non-answer.  I notified them by phone of this Revdex.com complaint the same day I filed it, and miraculously the next day action was taken on my complaint by Nexcess.  It still took them 2 tries to get it right.  It is a shame they had to force me to file a Revdex.com complaint to get them to do anything.  I'm just happy to not have to deal with them again, and for now, the infringing images have been removed.
Regards,
[redacted]