Here is a copy of my formal complaint with the Michigan Public Service Commission:
»efile.mpsc.cis.state.mi.us/cgi-b ··· um=15498
I have had several conversations with them about settling the case. Their position is that, since I cancelled my contract, they are justified in charging me a $3500 cancellation fee, which negates my request for damages.
I responded that no court with any common sense would require compliance to a contract of adhesion, particularly in light of the massive service outages we experienced, on one occasion being out of service for four days. That's simply unacceptable performance on a business account.
The attorney for Cavalier, Noah Bason, said, basically, "Outages happen, it doesn't mean we let you out of your contract."
I haven't decided if I want to settle for zero, to avoid the time and expense of having to go to Lansing, but I can tell you this... I own a web server, and will be building www.cavaliersucks.com this weekend.