amuck-landowner

[Confirmed] GreenValueHost being sold to XFuseSolutions

DomainBop

Dormant VPSB Pathogen
So Jonny...if you're reading this...I say go into business again!  We can all use the drama. 
I predict Jonny will honor the non-compete agreement.  If you're looking for drama you'll have to wait for June and the drama won't be coming from Jonny.  The latest IRC rumor is the 10 year old migration specialist has mastered OpenStack development and will be launching GreenValueCloud this summer.  Duke really should have made her sign a non-compete too...
 

drmike

100% Tier-1 Gogent
I predict Jonny will honor the non-compete agreement.  If you're looking for drama you'll have to wait for June and the drama won't be coming from Jonny.  The latest IRC rumor is the 10 year old migration specialist has mastered OpenStack development and will be launching GreenValueCloud this summer.  Duke really should have made her sign a non-compete too...
I am laughing so hard I spit food all over my desk.  I am really hoping IRC didn't have that conversation, as in factual origin.

Believe this, this slop gets dealt within contract.  Jonny makes some shit mess he's doing it elsewhere.  Can't legally or rightly prevent him from doing much outside of being involved in the new company and standard non compete.   Larger you can't work, go shovel shit, can't work in industry, that stuff is rough, often not up to snuff, etc.

I am unsure why Jonny would want to continue in this industry, aside from the perceived easy money aspect.  

Should he do such and timeline like @DomainBop stated, I am forecasting that it will be utter failure and he'll be beaten from pillar to post.  The fail and all his prior misdeeds will haunt him and any college prospects will note all of that.  So Jonny, think before doing.  Lolz are funny, but next shitty diaper I am leaving your ass sitting in it.
 
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drmike

100% Tier-1 Gogent
Some good points along this thread trail (I had to retreat and sleep and tend to IRL stuff today after Spaz screwed my weekend with this stuff).

Pinning Jonny to a wall and keeping him there is obviously a horrible chore to deal with.  If he was in my region, I would have been sitting down with his parents already.  Why?  Because, they very well could be brought to suit and held liable for his actions.   Their insurance carriers would settle / pay even if all they had was car insurance.   Yes, that legitimately does happen and is a bit more common than people think.  --- BUT --- like many debts / IOUs / contract fails this industry kicks most to collections who tries to intimidate fractional recoup out of debtor.

New Hampshire does allow minors to incorporate, without an adult co-signator.  I am not familiar with the intricacies of that fine State's laws and case law precedents.

I'd expect fully that at this point of age, and based on his conduct he can legally operate there and for all intensive purposes is on nearly even footing with a legal age adult.  However, contracts with vendors and other agreements he entered into elsewhere, are likely not legally entered into where those companies are based.  Venue matter and only matters in actual pre-suit filing determination and arguments related to.

Contracts not only need to meet legal standards of the State (relative only where a suit brought in front of a Court and that point actually presented) but should make sense to the commoner.  Plenty of NDA's and non-competes while legal were overbearing, wrote with ugly tone and intent and found by Courts to be invalid.  Legal docs are just not to terrorize.  Get a jury situation (if you can) and they are likely to side with someone like Jonny where you were just being brutish or overly controlling.

Folks are correct to question acquisition price and risk.  Anytime you acquire anything it may come with accompanying suits, outstanding IOUs, pissed prior workers, complaints filed with regulators many months before, etc.  Real concern and why assets should not be bought at face value of income for a year.

Normally, the prior LLC (or other incorporated form) remains active for a term of a year or two as per contract.  This is specifically left open to address any suits and preserve the incorporated entity to address such.  Immediately phasing such, often sends message of  slickster sliding of assets / liability / avoiding things.  Courts can and will smash you hard for rapid shifting of assets for scammy purposes (if brought up in suit).

I probably missed a bunch of fine points brought up (catching up).

Summary, shame on companies for doing business knowingly with minors.  Plus shame on parents for not being aware of what their children are doing under their roof, which could put their life and liberty in jeopardy.
 
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drmike

100% Tier-1 Gogent
Nolo has put out some really great reference books for common folks to do their own legal work.  I have a few in my library.  Highly recommended publishing company.

The part that is most relative from their post isn't the age part, it is this:

Mental Incapacity
A person who lacks mental capacity can void, or have a guardian void, most contracts (except contracts for necessities). In most states, the standard for mental capacity is whether the party understood the meaning and effect of the words comprising the contract or transaction. This is called the "cognitive" test. Some states use what's called the "affective" test: a contract can be voided if one party is unable to act in a reasonable manner and the other party has reason to know of the condition. And some states use a third measure, called the "motivational" test. Courts in these states measure capacity by the person's ability to judge whether or not to enter into the agreement. These tests may produce varying results when applied to mental conditions such as bipolar disorder.
Highly relative and concerning in this situation.

Also therein:

 
Alcohol and Drugs
People who are intoxicated by drugs or alcohol are usually not considered to lack capacity to contract. Courts generally rule that those who are voluntarily intoxicated shouldn't be allowed to avoid their contractual obligations, but should instead have to take responsibility for the results of their self-induced altered state of mind. However, if a party is so far gone as to be unable to understand even the nature and consequences of the agreement, and the other (sober) party takes advantage of the person's condition, then the contract may be voidable by the inebriated party.
Ho hum.
 
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WSWD

Active Member
Verified Provider
@WSWD Where did you get your law degree?
UCLA School of Law, Class of 2001. ;)  That was back when I was young and naive and thought that law was the place to make the big bucks.  It certainly is......it's also the place where you put in 140-150 hour weeks to make those big bucks.  No thanks.  Stuck with restaurant investments instead.  :D

Many (perhaps most) states will honor a contract co-signed by a parent or parents.  Again, in a case like this where the company was sold for absolutely nothing (if the truth is being told...I still find it doubtful), there are simply no damages.  You can hold the parents to that contract till the cows come home, and a judge somewhere (though unlikely) might very well rule against Jonny and his parents.  But what good does it do?  They aren't going to shut him down, and they most certainly aren't going to award any damages.  There are none. 

And as I said, this is very easily taken care of by leaving Jonny completely out of the "sale".  The company gets turned over to Jonny's parents, Jonny's parents sign the company over to xFuse in the sale, and it's 100% airtight.  You're completely out of your gourd if you think you can include someone's kid in a non-competition clause.  You put that in front of any judge and s/he'll laugh you right out of the courthouse.
 

drmike

100% Tier-1 Gogent
And as I said, this is very easily taken care of by leaving Jonny completely out of the "sale".  The company gets turned over to Jonny's parents, Jonny's parents sign the company over to xFuse in the sale, and it's 100% airtight.  You're completely out of your gourd if you think you can include someone's kid in a non-competition clause.  You put that in front of any judge and s/he'll laugh you right out of the courthouse.
That would be ideal.   But that would be just as problematic.

Jonny isn't owner of GVH.  Lance is.  He's certainly the adult in the deal both ways (incorporation and customer base sign-over).

The parents are moderately useless big picture (not a personal dig at them) to the matter and probably best for Jonny's rear end and home life.

Non competition, meh,  goal is and will remain that the kid goes over in a corner and does whatever on his own (ideally goes and acts like a kid and has some fun outside), if in biz then as his own legal entity with his own rear in the pot.   No way to regulate him into a corner without questionable tactics, which just aren't worth it.  Hard to do it if he was an adult even unless you had some compensation / pay termed and contingent upon his behavior / performance.

But surely no wants to see him up to the same crap and on 3.0 version of slop.  Maybe except the scammy folks that punched him in the chops and got freebies in mass.
 
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Kris

New Member
But surely no wants to see him up to the same crap and on 3.0 version of slop.  Maybe except the scammy folks that punched him in the chops and got freebies in mass.
From the wording thrown around in terms of what he can / can't do from XFS_Duke, I expect a ultra super premium SSD shared host. 

Give it a month or two. Spring break time I'm guessing. 
 

drmike

100% Tier-1 Gogent
From the wording thrown around in terms of what he can / can't do from XFS_Duke, I expect a ultra super premium SSD shared host. 

Give it a month or two. Spring break time I'm guessing. 
The kid was already on that with those migrations from AMS to Buffalo. Hard selling the premo stuff - all SSD, Eerrr-5, yabadabadoo!

I can't see the kid getting traction on straight up integrity matters offers.  Leaves the shady stuff if he does this again near term. That niche, I yell STAY AWAY FROM. (obviously some folks have stuff in such and survive and even thrive - but it's getting shredded, stress, etc.).

A few years out, some life under his belt, out of the familial nest, some real life and/or college, Jonny probably will do alright.  We've seen folks like him come and go in the industry.  Some of them get it together.  He's not stupid, he's immature and highly impressionable.  This market meh, it takes that and amps it up.

I give him credit for creating many long and heavily seen dramas.  Some viable junior marketing at points.
 

mikho

Not to be taken seriously, ever!
Thread title is misleading as GVH as company was not a part of the deal, only the customers.
 

drmike

100% Tier-1 Gogent
Thread title is misleading as GVH as company was not a part of the deal, only the customers.

@MannDude,  thread title revision request please.  Maybe:

[Confirmed] GreenValueHost CUSTOMERS being sold to XFuseSolutions

XFUSE SOLUTIONS, LLC

Not In Good Standing for failure to file Annual Report
I ran that over to Duke in a PM.  If that is to be used, it will be made compliant / current.
 
Not to be snide, but my experience in brick-and-mortar businesses tells me that companies that drop the ball on basic compliance rarely produce legally sound contracts.

XFUSE SOLUTIONS, LLC

Not In Good Standing for failure to file Annual Report

https://coraweb.sos.la.gov/CommercialSearch/CommercialSearchDetails.aspx?CharterID=1017074_4CF52
It appears to be fixed, Annual reports are quite annoying and easily forgotten with all the things that go into operating a business....
 

drmike

100% Tier-1 Gogent
The annual report was filed. I thought I had more time, but with all of this going on I failed to check it again.


Business:

XFUSE SOLUTIONS, LLC

Charter Number:

41056796K

Registration Date:

1/22/2013

Domicile Address

 

403B SAVOIE ROAD

 

CANKTON, LA 70584

Mailing Address

 

403B SAVOIE ROAD

 

CANKTON, LA 70584



Status

Status:

Active

Annual Report Status:

In Good Standing

File Date:

1/22/2013

Last Report Filed:

2/24/2015

Type:

Limited Liability Company

.... and that sure was quick.  Government down there in Louisiana gets this stuff done way quick.  
 

Kephael

New Member
Won't happen. He's limited to a certain thing that I won't be taking over. This will be announced soon. He cannot directly or indirectly provide dedicated servers, VPS or shared hosting to anyone or else he's in violation of a written and binding contract.
So Jon is going to sell colocation services? Does he plan on absconding with everyone's gear?
 

drmike

100% Tier-1 Gogent
So Jon is going to sell colocation services? Does he plan on absconding with everyone's gear?
He could sell colocation.  No limits there or reason to.

Him absconding with customer gear, teehee, that ever happens I'll be here with a pitchfork and chase him like I did the Burst.net clowns.
 

DomainBop

Dormant VPSB Pathogen
--AssholeBop enters the room--

It appears to be fixed, Annual reports are quite annoying and easily forgotten with all the things that go into operating a business....
I've heard the same excuse used when providers forget to renew their SSL.

One of the wonders of the computer age is there are now many tools available ranging from simple to do lists to project management software (love OpenProject) to ERP software (I'm a big fan of Odoo) to keep track of due dates and automatically remind you (or the employee or group the task is assigned to) of due dates so you will never miss another filing or any other important deadlines. In this day and age there is no excuse for any business not to have implemented some sort of automated reminder system.

--AssholeBop exits stage right--

.... and that sure was quick.
Very quick, +1 to Duke for acting immediately when he was alerted (now he just needs to take AssholeBop's advice and get some type of automated reminder system in place so it won't happen again)
 
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XFS_Duke

XFuse Solutions, LLC
Verified Provider
--AssholeBop enters the room--

I've heard the same excuse used when providers forget to renew their SSL.

One of the wonders of the computer age is there are now many tools available ranging from simple to do lists to project management software (love OpenProject) to ERP software (I'm a big fan of Odoo) to keep track of due dates and automatically remind you (or the employee or group the task is assigned to) of due dates so you will never miss another filing or any other important deadlines. In this day and age there is no excuse for any business not to have implemented some sort of automated reminder system.

--AssholeBop exits stage right--

Very quick, +1 to Duke for acting immediately when he was alerted (now he just needs to take AssholeBop's advice and get some type of automated reminder system in place so it won't happen again)
Sure AssholeBop, will do. Last year they sent me a letter. This year they didn't. Maybe the Secretary of State is saving money? Heh, sorry about that though. Normally I am on top of things like that. Keep in mind, I wasn't necessarily calling you an asshole so I apologize for that. 
 
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