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Re: Final Demand For Refund Before Commercial Lien on Tenon Intersystems

To: <webten@xxxxxxxxxxxxxxx>
Subject: Re: Final Demand For Refund Before Commercial Lien on Tenon Intersystems
From: Mia's Virtual Post Office <list@xxxxxxx>
Date: Sun, 24 Dec 2000 10:33:37 -0600
Angela Kahealani said:

>Happy anniversary on a 100% lack of customer support.
>
>For clarity, I originally purchased MachTen 2.2 from a 3rd party and am
>ignoring that... however I paid you directly for upgrades to
>PowerMachTen, Ported Applications CD, upgrade for WebTenLite, and
>support. You have 30 days to deliver a full refund of all that I paid
>you before I file a UCC-1 Commercial Lien against your company. 

I get such a kick out of holiday cheer like this...  Look, we've all been 
unhappy with something, someone, a product or service over the years just 
about everywhere.  However, it is extremely tacky to out and out bash 
someone or something publicly, at least in the fashion you have done it.  
Knowing something about Commercial Liens and Liens in general, you have 
very little legal remedy to file a lien.  A lien is as follows: "The 
right to take and hold or sell the property of a debtor as security or 
payment for a debt or duty."

Now while you can argue that you are filing the lien as security for a 
"duty", ie., your accusation of a lack of honoring of support, you will 
have to first prove that the contractual obligations have not been 
fulfilled.. Easier said then done.  Liens are usually filed when someone 
does not pay for a debt for services rendered, usually on a home or 
property, etc. For example, lets say you contract someone to remodel your 
kitchen, and then you decide not to pay them.  They can file a lien on 
your home to get you to pay them for the item/s and or work they did 
which resides in your home.  The money part is easy to prove, and liens 
are easily granted.  The other way around is very difficult to do.  I am 
not a lawyer, so take this with a grain of salt.. Your best remedy is to 
file for "Breach of Contract", and do so privately as you are just making 
an ass of yourself posting this on the list.
>
>Having previously reached this state with PowerMachTen, you downgraded
>my license to a WebTen license, and I have never been able to get any
>version of WebTen to work either, and today's attempt at reinstalling
>repeated the bugs I previously reported.
>If you have a version of WebTen beyond 3.0.4 I will try it first,
>through the end of year 2000, but if not, then you are hereby notifed
>you are in default of every contract between us, and I will have a
>refund, or I will end up with title to your company... it's your choice. 
>
Ok, so when you own Tenon, we will be sure to email 
"angela@xxxxxxxxxxxxx" for support.. Good luck.

jer
www.hostdrive.com  
Colocate Your G4 Cube at cubelocation.com


NetZero = What this company will "NET" --- "ZERO"


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