Mr. White states:
" In her complaint she specifies that we were cutoff from a provider for Non Payment. We can prove otherwise, this company disliked the fact that we were unhappy with their services and were considering a move to a new data center. If any of our previous providers are owed monies they have a course of action to take to retrieve their monies, at which point we are ready to debate that the level of service we received from them was far below par and far below the contracted service level. "
I have an email from Lightship Telecom specifically stating that "Contrary to Cyberwing Communications' assertions, the ongoing outage being experienced by Cyberwing customers has resulted from Cyberwing's repeated failure to pay to Lightship certain contractually-agreed amounts. Due to this ongoing situation and after repeated resolution attempts by
Lightship, we discontinued service." If Mr. White has evidence that will disprove that email, I am sure many would be glad to see it.
Mr. White also states:
"With our issues ONLY starting on 7/1/02, and our servers not even going offline until 7/8/02, this issue is truly less than one month old, yet she makes it sound like this issue has been going on for months, years even! Ridiculous."
I became a customer in March of 2002. I left Cyberwings completely in July 2002. My first refund request for the amount of $112.50 was on June 16th 2002. The refund request was for several accounts I had ordered in April, which were never used, and no longer needed as I had been able to get a "lifetime reseller" account, which would have allegedly taken care of all of my needs, and the individual accounts which had never been setup anyway, were a waste. I was instructed by a Staff member named Jan, in the Cyberwings Support channel on IRC, to send my request to
[email protected]. I was told by Jan and another staff member, Terry, that my request would be processed in a timely manner by Shawn White.
On or around June 19th, I was informed that Shawn White was no longer accepting or responding to any email sent to him at
[email protected] and that to get my refund, I email my refund request to
[email protected]. I did exactly that on June 19th and received an auto-response from
[email protected] stating: "Thank you for writing to BILLING at Cyberwings. Your message will be delivered to one of our billing specialists and, if a response is required, you should be hearing from us within a few days. If no response is required, we will not respond but your issue will be handled. REFUND requests, please allow 3-5 days for all refund requests to be processed. We appreciate your support. Thank you, Cyberwings Billing"
Needless to say, 3-5 days came and went and I continued to ask staff members in the Cyberwings IRC channel why my refund still hadn't been issued and when I could expect it. I was given the runaround and told several different things by different people, including a staff member named Wayne, who insisted on weekend near the end of June that he and Shawn were personally going to be processing refund requests that very weekend - despite the fact that they were allegedly dealing with bandwidth and service issues in regard to the servers at Lightship's facility, but the bottom line is that no refund was ever issued.
The days leading up and including July 4th were the beginning of the end for me. I had still not received my initial refund of $112.50, and it was clear to me at that time that Cyberwings was not suitable for me to host any of my sites with, so I proceeded to engage the services of a new hosting provider and I began to move my important sites away from Cyberwings so that I would not experience any of the impending downtime. When the Lightship servers went down completely, Mr. White told everyone that they were welcome to a full refund if they chose to leave the "Cyberwings Family". Once again, yet another process was put into place to request refunds on July 10 2002. We were told to send our refund requests to
. cwstatus.com had been setup because the cyberwings.com main site was hosted on Lightship and therefore no longer accessible. Once again, I did exactly as Mr. White and his staff requested... I sent my request for refund of the original $112.50 to [email protected]. I received this auto-response on July 10th: Your refund request has been received. Please allow up to 10 days for your refund to be processed.
On July 17th, I sent another request to the same address, this time asking to be refunded the full amount of all monies paid to Cyberwings, as I no longer held any hope that I would ever be able to use any of Cyberwings hosting services to host anything at all of importance to me, even if they ever came back online. I felt they could not be trusted, as it had been 2 weeks of solid downtime by that point, and their methods of dealing with the situation were not acceptable to me. On July 17th, I received another auto-response from [email protected]. It stated: Your refund request has been received. Please allow up to 10 days for your refund to be processed.
Again, we were all assured that no longer than 10 days would pass before we would receive our refunds through whatever method we originally paid by. My payments were all made through Paypal, using funds in my Paypal account. On approx July 19th in the evening, I confronted Shawn in the Cyberwings IRC channel about why NONE of my refunds had yet been issued. I pointed out that it had been 2+months since my original refund request. He was abusive and specifically stated in the public IRC channel that if I would send him a Private Message via IRC with all of my Paypal transaction #'s, that he would refund me immediately. So I did exactly that. In the hours that followed, I exchanged PM's with Mr. White regarding this issue. As time passed in this exchange, his story changed from immediately issuing my refund to how his special Paypal representative was not in at night and that he couldn't refund me without her, as his Paypal account had been restricted (which I already knew from my own communications with Paypal). But that as soon as she arrived in the morning, he would instruct her to refund my money in full.
Of course that never happened. All of Mr. White's excuses and misrepresentations were clear as day. They were stall tactics and that was all. I finally submitted a buyer complaint through Paypal's complaint form and was informed that since many of my transactions were older than 30 days, they could not address them. 2 of the transactions were within the 30 day period and would be investigated. On July 26 2002 I received a response from Paypal on the 2 open complaints, they stated: Our investigation has determined that the seller is at fault, but we were unable to recover any funds from the seller's account. As stated in the PayPal User Agreement, Buyer Complaint funds recovery cannot be guaranteed.
On that same day, July 26 2002, Mr. White announced that his new servers were up and running and that he had begun his refund or rebuild process. He asked those of us who STILL wanted a refund to ask for it yet again, this time using the new helpdesk located here: http://helpdesk.cyberwings.com/support/pdesk.cgi.
I dutifully filed my refund request again using the new helpdesk system. I once again provided every single piece of personal information Mr. White had requested and have been waiting since then to have my ticket (ticket #37) responded to. It was responded to this morning with another abusive email from Shawn White and with the rebuttal he posted here on this site.
The fact remains that I still have not received a refund, and I am waiting until Aug 9th, the newest promised deadline date for that refund, as Mr. White has indicated.
Mr. White states:
We put out CONSTANT CONTACT (www.constantcontact.com) messages to ALL of our clientele before this happened, WHEN it happened, and AFTER it happened, and we have dates & times of every single one of those reports. Perhaps Ms. Duncan did not subscribe to our mailing list that we CLEARLY advertise on our website.
I indeed subscribed to the Constant Contact mailing list and received no substantive truthful information regarding the server status or my refund at any time. Most of Mr. White's mailing messages prior to the first outage were simply sales pitches, which he seemingly generated a lot of income from. His messages regarding the state of his relationship with Lightship have been disproved by Lightship themselves. I choose to believe Lightship's version of events, as Shawn White has failed to prove most any claim he has ever made to me. And when the servers went down at Rackshack on approx July 20th, Mr. White did not tell his customers at all that they were going down.. He merely offered a vague warning to his customers that if they had data on a Rackshack server that they should back it up because those servers would be moved soon. The plug, itself, was pulled with no immediate warning and it was the CEO of Rackshack that made the generous gesture toward Cyberwings Customers on July 24th, when he gave Cyberwings customers 24 hours of restored server access so that they could get any data they still needed.
Mr. White states:
As for the abusive manner towards customers, again, incorrect. Ms. Duncan took a very personal approach to this situation and begin to search out personal information on our employees, including telephone numbers, and also to harass them online. She clearly knew the process by which to file for her refund, including the timeframes they would be processed in, but yet, she was impatient & rude towards our staff and other customers within our community. Whether she wanted to stay with Cyberwings or not at this point, we will not allow ANY customer to harass or stalk our staff or other customers.
As clearly noted above, I followed every process to the letter from day one and still have not received a refund. Every previous timeframe indicated, prior to the latest August 9th deadline, has been exceeded by long margins. I did contact one employee, the General Manager of Cyberwings, Wayne Bridges, by telephone on a phone number that was given to me by another staff member as a contact number for him. I made a single phone call to him regarding the subject of my refund. A single phone call to the GM of a company about a business matter does not constitute harassment or stalking. No threats of violence or any harm took place. If Cyberwings itself had a listed phone number that was in service or an address that is verifiable, I would have gladly contacted the company via those methods. But no method of contact other than IRC and various email addresses, had been offered.
As to whether or not Cyberwings has a great relationship with Paypal or 2checkout, I couldn't care less. Cyberwing's Paypal account is restricted. That is a fact. If Mr. White has nothing better to do than nitpick the semantics of restricted vs. frozen, then so be it. I think his time would be better spent processing refunds. If I am wrong about the status of Cyberwings relationship with 2checkout, then I apologize and retract that assertion. I had no direct dealings with 2checkout and can only base my assumptions of actions, or lack thereof, and only within the last few days has any activity on 2checkout refunds been verified. If 2checkout wishes to do business with Shawn White and/or Cyberwings, that is their prerogative. I am only thrilled to see that SOME people are actually seeing their refunds issued through 2checkout and I wish those people well who are finally getting their money back.
I have yet to be refunded even a single penny, and it has, in fact been, months contrary to Shawn White's statements.
I will report on August 9th whether or not I have received my refund. If I have not, I will continue to fight for it. If I have, I will not pursue any additional direct communications with Cyberwings or Mr. White. Whether or not any of the authorities contacted choose to pursue Mr. White on any count, is up to them. I will be more than happy to cooperate with any authority that asks me to, and pass along to them every shred of evidence I have that will help them prevent Mr. White and/or Cyberwing Communications from ever doing to anyone else again what he/they have done to me and to many others.
Laurie
New York, New York