Bbb, Ez's Response To My Complaint

[FC]

They speaketh hogwash.

 

http://p103.ezboard.com/fezboardfrm98.show...icID=2359.topic

[swamprat]

Tony,

I clicked on your link it says it has been deleted.

 

Swamprat

[donmarkey]

post's gone!

Don

[FC]

I copied it from the BBB.

 

Consumer's Original Complaint :

EZBoard is a bulletin board service. They have not restored lost "Community Chest" funds, which are donations given to support mine and other "owners" web sites. Mine was/is http://pub86.ezboard.com/bmilitaryfirearmr...ationcornerThey owe us $132 and keep saying it will take more time. It has been since May 31st. They now say that moneys are not refundable, and they don't have to give accounting for these funds. They sold us "Gold Community" memberships with the promise of secure backups of our sites as part of the deal. I lost 3 years of information, and some people lost even more to a supposed hacker, which may be a lie. It could have been their screw-up, and not a hacker. They take no responsibility whatsoever for the losses. They have "help" forums. The forums are full of people angry about loss of funds.

 

Consumer's Desired Resolution:

Full REFUND in cash so I can put the money into my new site.

 

BBB Processing

(Most recent activity listed first)

07/19/2005 WEB BBB RECEIVED CONSUMER REBUTTAL - SEND TO BUSINESS : (The consumer indicated he/she DID NOT accept the response from the business.)

These were not the terms of service when I signed onto EZBoard three years ago.

EZBoard has had since the end of May to restore funds and has not. They have also promised restoral of funds several times, only to extend that time frame again and again. The original restoral date was to be two weeks after the alleged attack at the end of May, 2005. This is theft of funds from contributors to my board http://pub86.ezboard.com/bmilitaryfirearmrestorationcorner

07/19/2005 OttO EMAIL Forward Business Response to Consumer

07/18/2005 WEB BBB RECEIVE BUSINESS RESPONSE : The ezboard site was attacked by person or persons unknown on May 31, 2005. As a result of that attack, community historical data, both live as well as backup data, was destroyed. Over the past three weeks, we have exhaustively reclaimed and restored data from a variety of sources. Regrettably, we were not able to restore all data to all communities.

On June 23, we announced our compensation policy for the incident, which includes the following five elements:

1. Every current Gold Community, and every Gold Community subscription that lapsed since the attack, will receive six weeks of additional subscription credit.

2. Refunds will not be provided for paid subscriptions or unused Community Chest contributions

3. Unused Community Chest contributions may be transferred by the contributor to other communities, or used for ezSupporter subscriptions.

4. All credits will be applied at the conclusion of the payment data restoration, which we expect to take between 1 and 2 weeks

5. We will consider individual requests for special consideration, and will provide a special e-mail address for users to submit their requests at the conclusion of the payment data restoration.

Our response is based primarily on the one and only agreement we have with our users -- Our Terms of Use (complete document at http://ezboard.com/content/view/40/, relevant excerpts from which are provided below) are very clear about refunds and liability. Each user agrees to these Terms as a condition of registration, and each ezOp/administrator who orders subscription services and user who makes any payment under the program also agree as a condition of each transaction. This agreement is an essential part of our bargain with users as it enables us to provide no-cost or low-cost services to the public. Without the protections of this agreement, we simply could not operate the service as we do. In particular, at least the following provisions address the circumstances created by the recent attack on our site and equipment:

∑ You understand and agree that the Service is provided "AS-IS" and that ezboard assumes no responsibility or liability for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service. (see paragraph 3)

∑ You agree that ezboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. (see paragraph 11)

∑ Any fees due or paid by you under the CSC program are non-refundable in part or in whole (see paragraph 9)

∑ Your use of the service is at your own risk. The service is provided on an ''as is'' and ''as available'' basis (see paragraph 14)

∑ Ezboard makes no warranty that … (ii) the service will be uninterrupted, timely, secure or error-free. (see paragraph 14)

∑ You expressly understand and agree that ezboard shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if ezboard has been advised of the possibility of such damages ), resulting from: … (iii) unauthorized access to or alteration of your transmissions or data (see paragraph 15)

We would again stress two key elements here. First, we explicitly provide an ''as Is'' , ''as available'' service. Second, any fees paid under the subscription program are not refundable. Regardless of whether they are in Community Chest or a subscription, all funds paid to ezboard have only one use – to pay for ezboard services. We intend to provide the services of our user's choice for the money they've paid. If a community has a positive Community Chest balance, that balance may be used to purchase ezboard services only.

In addition, we would note that the ezboard service is comprised of many elements, which have been consistently provided over time. Those elements include the service and its attributes (posting, reading, customization etc.), hosting and bandwidth, use and maintenance of the application, provision of customer service, and preparation of backups. Those services were, and are, being provided. The attacker was able to damage one aspect of the service – the deployment of backups -- but that does not detract from what we have provided, and continue to provide, for our users and communities.

As we announced on Friday, we will begin the actual funds restoral process to Community Chests this evening, and the entire process will take a few days.

 

 

[FC]

Bill deleted my post about EZBoard. It does little other than give some personal satisfaction, but in light of his protecting EZBoard, and banning Fritz, I banned Bill.

[rebel49]

Attaboy FC!!!! Sleezy Board can go take a flying!$#^. So in other words the only way to get a refund of the Community Chest is to use Ezboard again. Tell you what Tony if I was working I would contribute to the new Chest here, but since being laid off funds are tight. Maybe when I'm flush again.

Like what you did in support of Fritz also.

Rebel49

[FC]

I hope you can find some work soon.