I apologize for the boards being down. This may explain things. Please pass this around to EVERYONE YOU KNOW! Maybe someone out there knows Data393 CEO Lee Woodward and can talk some sense into him.




May 21, 2005


For more information please contact:

Kathy Chavez
(303) 674-4744

Multi-million dollar corporation Data393 shuts down single mom's home-based business

Englewood, CO - "'You are a unfortunate victim caught in the crossfire' is what they told me," said Kathy Chavez, owner of Kappaluppa Company. Kathy Chavez started her business nearly 10 years ago as a part time venture after moving into her Habitat for Humanity home. "I'm a single mom and I wanted to be able to work from home in order to spend more time with my kids", says Chavez. She was working 4 part-time jobs and going to school and began her company. Eventually the small business grew enough to support her family. At the beginning her business provided 10% of her income and part time jobs provided 90%. Now it has changed the other way around. Kathy Chavez has come a long way... that is until Wednesday, May 18, 2005.

When Chavez noticed that her server was down she called Fishpick, her former hosting-service broker, to find out what the problem was. Fishpick was sustaining financial difficulties. As a result their account became in arrears. Subsequently, their service was shut off. This in turn shut off Chavez's server and the websites of all her customers. And basically shut down Chavez's business.

Chavez appealed to the upper management of Data393, and CEO Lee Woodward, explaining that hers was a small business and her main source of income. In addition, some of her clients' websites were key to their business as well. Although Data393 acknowledged that the problem did not lie with Chavez's company they would neither turn on the network connection allowing her to access her data nor would they release her server. Except under one condition - that she sign a one year contract with them for service at $200/month. If she signed she could have her server. If not, they would not release anything to her.

After several calls to Data393 it was learned that the CEO is under the assumption that Chavez is somehow a part of the Fishpick LLC. This is totally unfounded. The principles of Fishpick have contacted Data393 several times reiterating the fact that Chavez is only a customer and not a principle of Fishpick and have beseeched Data393 to allow Chavez to have her equipment. "It is our battle, not yours. We don't understand why they are behaving like this. This is bad business" Fishpick told Chavez. However, they have yet to release the server.

Since Wednesday Data393 has rescinded the offer for returning the server if Chavez signs a one year lease and has agreed to return the server if Chavez signs a 5 month lease and pays $1,000 up front. Then all payments she makes will go toward paying off Fishpick's debt. "I cannot understand why my payments will go toward someone else's debt. Also, I have found a better hosting service at a fraction of the cost. And frankly, why would I want to be FORCED into doing business with a company who has already shut me down? This is the same as a battered wife's husband expecting his wife to sleep with him after he's beat the crap out of her, then gives her a peck on the cheek and says 'Come to bed, honey'. Been there, done that! Don't want to do it again!", says Chavez.

Data393 is a multimillion dollar corporation operating a 42,000+ square foot data center with a customer base numbering over 10's of thousands. They just received an additional $4.2 million investment into the corporation. Both Fishpick and Chavez's company are small home based operations. The amount in question is a little over $2,300. Chavez says she is a "drop in the drop in the bucket" compared to the rest of the Data393 operations and cannot understand why Data393 continues to hold her business hostage - especially when their beef is not with her.

Chavez states, "Many of my clients have been very understanding, and I thank God for them! But I also understand that businesses need to go on and do not begrudge any of my clients who have left. I loose a couple of clients each day my business is down. And I am a 'small guy.' I don't have thousands, or even hundreds of clients." Chavez is now seeking legal assistance to try to obtain her server. An added expense she cannot afford now that her business is virtually wiped out.

Chavez appealed to CEO Lee Woodward for compassion stating that the publicity of such bad business practice would not be good for his business. His statement to her was that he welcomed it. That it would be a message to all his customers that they better pay their bills. "I understand business is business," says Chavez, "but by their own admission I am an innocent bystander here. I'm all for free enterprise and, like I said, business is business, but business is run by people. And people are people, not simply a few black splotches on a ledger! Lee Woodward has the ability to take me out of the loop and let me salvage my business. I feel like I'm being used by Data393 and Lee Woodward to get at Fishpick and the guys who own it."

There are several other factors that has Chavez baffled. This is an excerpt from an email to Fishpick, LLC:

Chavez's business is still being held hostage. Her clients are continually tiring of waiting and are leaving her business. Her family continues to suffer. This whole ordeal has affected her physical, emotional and financial health. Says Chavez, "It seems that in the eyes of Data393 and CEO Lee Woodward my life is only worth $2,300. My kids tell me I'm "priceless." I like their valuation better!"





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