Beware Of Ken Yates / Elite Reptile!

There is alot of confusion on this as Ken is jumping through 4-5 different threads...I figured it would be easier to follow if combined all onto one thread, as it is about him.

http://www.faunaclassifieds.com/forums/showthread.php?s=&threadid=25032

It starts somewhere around page 8 on our Good Guy Thread.

This way, it's easier for everyone to get the whole picture and saves rich alot of time from having to delete all threads posted by Ken to 5 different areas.

Website......
Before I get into the whole reptile thing....let me clarify this website problem...

Also let me say this AJ is speaking of her own personal preference of the last 2 weeks. She was not around when any of this transpired AND as always, Ken will not speak for himself (one of the may problems we found out after "partnering" and "unpartnering" with him).

The domain was registered 7/3 by Moonlit Media...and yes it get's registered to my company...as all internet companies do until they receive payment, then they turn the domain over...otherwise there is no promise you will ever get paid (a lesson I learned already from Southern States and Corey Kingsbury). I don't want his site...and he promised to send paypal...but I'll get into that.

Ken and I spoke about getting him a website. I went through designing different ideas, he picked the one he liked, we tweaked everything he sent pics, etc....then we launched it. I also maintained AND hosted it during this time, from July until yesterday.

Now Ken does not wat to pay for it. He had FULL access to his site to make ANY changes, so when AJ says they couldn't change their site, its a lie....they even went in and deleted all folders and subdirectories. I even have copies of all emails with their domain info sent to them numerous times, plus numerous times via telephone.

I have been paying the money for Ken to have his site hosted, money that comes out of my own pocket. 2 days ago is when we found out that the partnership was not working with Ken as he would not return phone calls, was always too busy, always had excuses. So instead of calling he went back and forth with me via email (there's about 100 of them I can post if necessary). I had suspended his site 2 days ago for non payment of site and hosting. He contacted me and asked me to show "good faith" and put the site back up so they could make changes and he would send payment by 6pm yesterday. Well instead of making changes they tried hacking into our system, into my OTHER domains, etc...all of which their IP's have been recorded from the hosting company and other various sites. Which is ILLEGAL!!

So the whole time Ken begged for me to show "good faith" that I could trust him, he was using that to buy time to have his people try to TAKE the domain without paying for it. Ken even threatened that he would do whatever he had to, to do it his way.

I've never denied Ken his site, I just wanted to get paid. He promised to pay and didn't...here's the emails for that.

Sorry if it's tough to sort through, but like I said there has to be 100 of them. If you want originals of all of them pm me and I'll send them.




quote:
--------------------------------------------------------------------------------


thank you
good night
ken


Ok, I will leave it alone on good faith. You will stay up until tomorrow. Payment must be received in full by 6pm. Fair enough?

Have a good night.

Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]


also there are no worries if we can keep talking like this and we trust each other and i pay you with paypal tomm
trust you
ken


-------Original Message-------

From: Moonlit Media
Date: Thursday, September 04, 2003 00:04:32
To: 'kenneth'
Subject: RE: Moonlit Media

I'll make it even easier. Your site is already active. I will leave it up and will wait until tomorrow for payment. If payment is not received by 6pm, we will have to take one step back and go back to this same situation and it was all for nothing.

Please don't make me regret having faith in you.

Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]


did u get my email the money is not in my paypal. i know the site is now up but i can not send the paypal money till tomm. i have to transfer. take it back down and lets do this tomm
ken
let me know




Your site is up. Please remit payment.

Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]


do not unsuspend it right now i need to transfer money to paypal. i will email you tomm. when i have the money in paypal and then when it is up i will transfer
fair enough. i will keep my word. but if you put it up and the money is not in paypal and i can not send it you will think i am not paying you
okay
ken
email saying this is okay


-------Original Message-------

From: Moonlit Media
Date: Wednesday, September 03, 2003 23:55:10
To: 'kenneth'
Subject: RE: Moonlit Media

Ken:

I'll give you the benefit of the doubt.

Here's how it will work. I will un-suspend your account, with your emails stating that you will pay me once you gain access to the site. If I do not receive payment for hosting and design via paypal (the invoices I have sent you) within an hour, your site will be permanently suspended and conversation over until the payment is THEN received.

You talk about trust, I TRUSTED you by designing the site and hosting it without payment up front...my mistake, and you've proved I cannot "trust" you. Like I told you, I have nothing to gain by not giving you your site, I am just making sure I get paid.

You will have access within 5 minutes using the information I have given you many times before. Stick to your word and pay me for un-suspending you.

Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]


i paid for the domain name www.elitereptile.com and i own it!!! i want you off that name and if you are not going to take your stuff off that domain name then i will have it done
ken
that domain name is mine not yours and i own it. i paid for that domain name and you have your name all over it and did not list my name on that domain site.
i am going to make a new goal then
GET YOU OFF MY DOMAIN NAME
THIS IS GOING TO BE FUN SO HERE I GO


-------Original Message-------

From: Upstate Exotics
Date: Wednesday, September 03, 2003 23:18:26
To: 'kenneth'
Subject: Moonlit Media

Ken:

You just bought your domain name. You did not pay for hosting the site and the design. So without those things you would have nothing just a name, no site....BUT....you did request those things to be done, you chose those things to be done, I didn't just decide to do those things for you...and you did not pay. Therefore to gain "access" is though our web server, which is hosting. So you will not gain "access" until paid. Since Web Design came with hosting, you will not gain "access" without payment in full.

I don't need your domain name, or your site, so what do I have to gain by not giving it to you? But I'm not giving you anything you have not paid for.

I've told you, I've learned from my mistakes in the past, but you didn't get me on this.

This is finished, as I feel I have explained everything to you. Until payment is received I can't do anything, you will not get anything for free with me. This is a business, you took on my services and now you must pay for the work that is completed and the past due web hosting fees.

Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]


-------Original Message-------

From: Moonlit Media
Date: Wednesday, September 03, 2003 23:10:30
To: 'kenneth'
Subject: Moonilt Media

Ken:

Your info for your domain is once again as follows:

Username: eliterep
Password: yates
Domain: http://www.elitereptile.com

I am not unlocking the site until it is paid. Good faith is paying for what you've had for free for so long. Until this "mess" is paid for, the site will remain suspended.

This is Moonlit Media, my company, my money....money owed for your site. Money that is coming out of my pocket to keep YOUR site up.

I have had this problem in the past, and have learned from my mistakes. One I thank god for learning from, otherwise I would've gotten screwed again.

I protect myself by suspending the account to be sure I get paid for services rendered.

This is simple. You pay me, you get your site. You don't pay me, unfortunately I cannot do much. No more "good faith"...your "good faith" is costing me money now. "Good Faith" was building this site for you and updating it without receiving payment upfront. "Good Faith" was not hounding you about web hosting fees after you did not pay the FIRST month.

Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]

-----Original Message-----
From: kenneth [mailto:[email protected]]
Sent: Wednesday, September 03, 2003 10:43 PM
To: Upstate Exotics
Subject: RE: Upstate Exotics


all i want is my web back up. the info to access my domain and then we straighten out this mess.
let us do that to show faith and we go foward
yes or no
ken


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Also, Ken tried going behind my back and getting into my accounts like I said. Here's an email he sent to try and get access to ALL my domains (customers and all):


quote:
--------------------------------------------------------------------------------


Hello,
Unfortunately if the domain is in your providers account with us there is no way we can give you access to it. They will have to authorize it first.
----- Original Message -----
From: [email protected]
To: [email protected]
Sent: Thursday, September 04, 2003 12:39 PM
Subject: Registered Domain with your Company


I currently have a web domain with you, but am unable to log on to adjust some things on my site. Please contact me about this problem ASAP! Our Contact is with Moonlit Media, but we have lost contact with them and need to keep our website up and running for the sake of business. So please contact us with our info. Thank you for your time.

--------------------------------------------------------------------------------



So...basically Ken owes $1500 for design AND $60 that I have paid OUT OF POCKET for his hosting. He promised to pay...and I even OUT OF GOOD FAITH put his site back up. And this is how he reacted.

We are not looking to own or take EliteReptile.com, I am just looking to get paid for work completed. Until paid I will not release the site, b/c Ken has already proven (after saying I could trust him to pay if I unsuspend the site) that he has no intentions of paying. So, I am supposed to BELIEVE him when he says to turn it all over, site, domain, design and all and expect payment...he's already proven he can't be trusted.

This is a good lesson to be learned...

Now this Reptile thing.....
I will try to keep these in order to limit confusion...as I said, Ken for the past 2 weeks or whatever it has been wouldn't call us, wanted correspondence to be via email...so there's a few hundred to sort through...Original copies are available for anyone who has a large enough mailbox to handle all of them. I'll keep it just to the basics here.

Back in July, before this big order came about we shipped Ken 1.2 Jungles (now for sale on KS), Ceylonese Python (keeping as a breeder), Gorgeous Green Tree Python (for sale on KS), and 2 big breeder boas (which one is possible GRAVID!!!!)....we shipped out and paid for shipping as Ken was going to take them and pay us later (I even watermarked the pictures and added them to his site per his request once he received them).

We shipped him all that...total $1235 + shipping which we haven't received payment for.

Ken also wanted banner advertising for Eilte and his wife's company on herp ads, which we did for him at no charge.

Then around the 10th or so is when this whole "partnership" was discussed. He had a new facitilty he was working on and we would work together on things, also we would be helping him get into the business.

On 7/13 we did a preliminary list with Ken on what this order would consist of (so he could ok it). This was to get inventory for our new partnership:



quote:
--------------------------------------------------------------------------------
This is what we're looking to purchase:

6 Western Chuckwallas $50/ea
24 Eastern/Western Collard Lizards $12/ea
50 Baby Leopard Geckos $10/ea
25 Tokays $5/ea
50 Golden Geckos $5/ea
50 White Lined Geckos $8/ea
25 African Fat Tail Geckos $15/ea
50 Steudner's Geckos $2.50/ea
24 Gold Tegus $15/ea
50 Savannahs $9/ea
50 Nile Monitors $12/ea
6 Blue Spot Timors $90/ea
24 C.A. Alligator Lizards $10/ea
24 Red Eye Tree Frogs $13/ea
25 Albino Pac Man Frogs $10/ea
25 Brown Pac Man Frogs $10/ea
50 Peninsular Cooters $5/ea
100 Red Ear Sliders $2/ea
100 Florida Soft Shells $2.25/ea
24 Bullsnakes $15/ea
12 Desert Kingsnakes $30/ea
12 Western Milksnakes $30/ea
12 Great Plains Ratsnakes $20/ea
12 Large Red Corns $40/ea
12 Large Yellow Rats $25/ea
12 Green Anacondas $70/ea
12 Yellow Anacondas $65/ea
50 Burmese Pythons $20/ea
12 Reticulated Pythons $50/ea
12 Eastern Fox Snakes $30/ea
12 Western Coachwhips $10/ea
50 Water Snakes $8/ea
12 Long Nose Snakes $25/ea
12 Glossy Snakes $20/ea
6 Baby D'Albert's Pythons $90/ea
12 Large Texas Ratsnakes $25/ea



Thanks!!!

Sal & Alison Tornambene

Upstate Exotics
http://www.upstateexotics.com
[email protected]
AOL Screen Name: UpstateExotics
ICQ # 269748478
1-866-551-PETS
518-692-3101

OUR *NEW* Shipping Terms
Health Guarantee:
We provide the following guarantee to the customers of, "Upstate Exotics":
We guarantee that animals purchased from, "Upstate Exotics", will arrive alive, and in good health and condition.
Buyers have SEVEN DAYS to determine the health of the animal, or the animal may be returned to, "Upstate Exotics", in good condition, for a FULL REFUND, INCLUDING THE SHIPPING COSTS BACK TO US!!
The first 24 hours are for "Buyer's Remorse", (that includes mis-sexed animals), the next SIX DAYS are for HEALTH REASONS ONLY!
We will require a mandatory Vet report, stating (IN PLAIN ENGLISH) what the illness is, and HOW it was contracted! If it turns out it was our fault, "Upstate Exotics", will pay the Vet's Bill for the exam, also!
If you have ANY questions regarding our guarantees, please contact us at the number above.
Payment:

Acceptable payments include.... PayPal, or call the store number (above) and give us your credit card number right over the phone!
We accept the following credit cards: MasterCard, Visa, Discover and American Express.
We expect payment in full before we ship. Deposits on animals are non-refundable.
There are no Styrofoam-lined box charges, heat pack charges or packing charges for any animals purchased from, "Upstate Exotics".
We will hold animals with payment/deposit for 30 days, unless otherwise previously discussed. If after 30 days full payment is not received and/or shipping is not paid, the animal will be restocked and deposit/payment will be lost and non-refundable.

oops I almost forgot...

8 Brazilian Rainbow Adults $135/ea (MINE...lol)
12 Guyana Red Tails 4'-6' $125/ea
12 Suriname Red Tails 4'-6' $125/ea


Thanks!!!

Sal & Alison Tornambene

Upstate Exotics
http://www.upstateexotics.com
[email protected]
AOL Screen Name: UpstateExotics
ICQ # 269748478
1-866-551-PETS
518-692-3101

OUR *NEW* Shipping Terms
Health Guarantee:
We provide the following guarantee to the customers of, "Upstate Exotics":
We guarantee that animals purchased from, "Upstate Exotics", will arrive alive, and in good health and condition.
Buyers have SEVEN DAYS to determine the health of the animal, or the animal may be returned to, "Upstate Exotics", in good condition, for a FULL REFUND, INCLUDING THE SHIPPING COSTS BACK TO US!!
The first 24 hours are for "Buyer's Remorse", (that includes mis-sexed animals), the next SIX DAYS are for HEALTH REASONS ONLY!
We will require a mandatory Vet report, stating (IN PLAIN ENGLISH) what the illness is, and HOW it was contracted! If it turns out it was our fault, "Upstate Exotics", will pay the Vet's Bill for the exam, also!
If you have ANY questions regarding our guarantees, please contact us at the number above.
Payment:

Acceptable payments include.... PayPal, or call the store number (above) and give us your credit card number right over the phone!
We accept the following credit cards: MasterCard, Visa, Discover and American Express.
We expect payment in full before we ship. Deposits on animals are non-refundable.
There are no Styrofoam-lined box charges, heat pack charges or packing charges for any animals purchased from, "Upstate Exotics".
We will hold animals with payment/deposit for 30 days, unless otherwise previously discussed. If after 30 days full payment is not received and/or shipping is not paid, the animal will be restocked and deposit/payment will be lost and non-refundable.


--------------------------------------------------------------------------------




Out of that order we were ordering some animals for ourselves.

On 7/15 that order was shipped to us from US Global....Here's the breakdown of what was ordered:


quote:
--------------------------------------------------------------------------------


Invoice #892 Date: 7/15/03

2 Brazilian Rainbow Boas (male) $220
3 Brazilian Rainbow Boas (1.2) $330
8 Yellow Anacondas $400
50 Central American Boas $1250
4 Western Hognose $180
1 Packing Charges $12
1 Processing Fee (3%) $71.70
TOTAL: $2463.70 Out of that he did not pay all of it, I paid for some with old credit I had. (I paid shipping)

Invoice #893 Date 7/15/03

86 Burmese Pythons $1290
30 African Rock Pythons $660
6 Argus Monitors $630 (One returned, cut on leg, sent pics)
6 Blue Spot Timor Monitors $450
7 66% het Albino Boas $1400 (Credit $50 each as per Jasen)
10 Egyptian Ratsnakes $140
38 Croc Geckos $123.50 (only received 36)
50 Tokay Geckos $162.50 (3 DOA)
5 Blue Tongue Skinks $250
11 Het Albino Burmese Pythons $440 (1 DOA pics sent)
10 Golden Tegus $150
19 Flying Geckos $142.50 (Only received 17)
1 Albino Green Python $175 (Returned, pics sent)
3 Carpet Pythons $300
1 Columbian Red Tail $75
2 Macklots Pythons $150
1 Large Burm $75
100 Mississippi Maps $300
1 Packing Charges $60
TOTAL: $7573.50 (I paid Shipping)

SHIPPED DIRECTLY TO YOU
Invoice #908 Date 7/16/03

100 Central American Boas $2500 (9 not received)
1 Processing Fee (3%) $75.00
2 Packing Charges $12
TOTAL $2599.00 SHIPPING SENT FREIGHT COLLECT

The total of invoice #892 & #893 is $10,037.20. He certified a check for $9,000 direct to US Global and I paid, like I stated above, towards things we wanted (Brazilians and such combined on that invoice). There is over $1000 worth of animals I personally paid for and belong to me
--------------------------------------------------------------------------------



We charged him what we paid for them....we never made a DIME off of it. So we never re-sold to him...this was a straight purchase from Ken to US Global....he sent the certified bank check from SC to US Global direct.

Ken asked them to be shipped here as he was going on a cruise to Brazil and his store was not ready yet. So we paid shipping on 7 HUGE boxes to be shipped here. Plus we paid shipping on the returned animals to US Global. I notified them with pictures and phone calls, which they are reviewing. There is credit out of that to be issued to Ken.

As anyone knows with buying large lots of WILD CAUGHT, imported animals, there is work involved. From, then until 8/20 we fed the animals at our expense, treated them with our medication at our expense and took OUR time to do all this. Ken just enjoyed his cruise. But, we were "partners" so we were doing our part.

Remember, those figures are NOT including the $1235 + shipping for the FIRST shipment (all of which I have pictures of before we sent them).

So on 8/20 here's a breakdown of what we sent him (most of which you'll notice wasn't what he purchased nor what he ever paid for:


quote:
--------------------------------------------------------------------------------

1 Yellow Head Retic (not ordered from US Global)
41 Burms
25 Tokays
3 Egyptian Rats
2 Green Anacondas (Not from US Global)
5 100% het Albino Burms
4 Blue Tongue Skinks
1 Sumatran Red Blood Male (Not from US Global)
2 Yellow Rats Large (Not from US Global)
2 LTC Silver Cat Eyes (Not from US Global)
5' Amazon Tree Boa (Not from US Global)
2 Frilled Dragons (Not from US Global)
6 Gold Tegus
12 Croc Geckos
1 Black Throat Monitor (Not from US Global)
1 Uromastyx (Not from US Global)
20 Baby Eastern Garters (Not from US Global)
10 Rock Pythons
3' Rock Python (Not from US Global)
1 Ornate Flying Snake (Not from US Global)
4 Blairs' Ratsnakes (Not from US Global)
4 Albino Pacmans (Not from US Global)
10 Yellow Anaondas (only ordered 8 from US Global)
5' Female Anaonda (Not from US Global)
1.2 Jungle Carpet Pythons (Not from US Global)
20 Baby Cornsnakes (Not from US Global)
4 Argus Monitors
6 Blue Spot Timor Monitors
1.1 Eastern Garter Snakes (Not from US Global)
1 Sub-Adult Savannah Monitor (Not from US Global)
8' Burm Female (Not from US Global)
10' Burm Male
4 Bullsnakes (Not from US Global)
1 Bullfrog (Not from US Global)
25 Mississippi Map Turtles
6 CA Wood Turtles (Not from US Global)
6 Texas Ornate Box Turtles (Not from US Global)
6 Three Toed Box Turtles (Not from US Global)
8 Red Cheek Muds (Not from US Global)

--------------------------------------------------------------------------------



Now let's look at how the figures work out:


quote:
--------------------------------------------------------------------------------

You spent $9,000 on an order.
$930.25 credit right off the to be given to you (of which I DO NOT owe you, US Global does). Plus the other DOA's reported, which they are checking on.
I sent you $5285.50 in animals
That leaves: $2784.25

Out of that, I have all DOA's that didn't make it, and then some, in our freezer and plus I still have some inventory here, which is coming back to you.

You will see when all is said and done.

Regardless, I am out hundreds of dollars with shipping all of this, and not having anything to show for it. I paid for shipping the order with the Ceylonese and breeder boas etc to you, I paid for shipping on the huge order from US Global to be shipped here, I paid for shipping on returning YOUR ANIMALS to US Global out of that shipment. I am getting Airborne receipts together to add that to the total, which is around an easy $500 for shipping. (That does not include shipping to you, as that went on your account). So this total with be going up after I get exact shipping costs.

You also have to let me know if you are sending back the animals I sent you prior to this shipment
--------------------------------------------------------------------------------



That's what was sent to Ken 9/3 at 10:57pm. I NEVER denied not shipping his animals back...PLUS it is NOT $5000. PLUS if it's all "dead" why is he selling my GOOD CB PRIVATE COLLECTION for his benefit on Kingsnake???? PLUS he has ads for the rocks, burms, etc...all on kingsnake.

I can take pictures, if anyone would like to see, of the animals remaining here...they are NOT sellable....some are not eating on their own...etc....all the things that come with buying large lots of WHOLESALE WILD CAUGHT ANIMALS! But we have been caring for since mid July. And I never denied not shipping them back, as AJ posted. I told Ken I was sending him everything as it was not fair for me to be caring for them and feeding them, at my own expense, due to the circumstances that arose. But that was Wednesday night. I cannot ship until Monday (which we intend to do).

Then the next morning is when all this transpired with him and his website, and kingsnake, etc etc.

Again, I can send ANYONE the original emails as there are hundreds of the the last few days alone....or just say the word and I'll post them all here.

Also, I just want to point out that on 8/25 we started to contact Ken via telephone. He had all of his phones for his Elite Windows & Siding and Pet Store routed to voicemails...he no longer had his secretaries answering his phone. That's when we knew something was up. We sent him NUMEROUS emails and left NUMEROUS messages to call us....nothing....until 8/30 when we finally got an email...and this all began. On 8/30 he requested an invoice be sent for the website....after that we did not hear from him again (via email) until 9/3. But we have not spoken to him on the phone since right after we shipped to him...it was like he dropped off the face of the earth with not returning calls. If you don't believe it, ask ken for email proof between those dates.

Also, I want to ad NONE of Ken's animals are for sale on our site or kingsnake. The animals we have we purchased from US Global direct (before this big order), I have all receipts or we purchased elsewhere. Ken only ordered 8 anacondas...he accused me of selling HIS anacondas on our site on the 3rd...how is that possible when we sent him 10...duh...we had our own...He also never asked to call it a wash with web design...

On 9/3 at 12:58 am Ken sent:



quote:
--------------------------------------------------------------------------------
i just got home from work and noticed my site was once again on suspension, i am seeing how you are working with me.
is this snake one of mine that came in the 9,000.00 order i placed with US global and sent to your house or is this one of yours. this one doesn't look sick and you said you keep the sickly ones. ken

-------Original Message-------

From: Upstate Exotics
Date: Wednesday, September 03, 2003 01:42:53
To: [email protected]
Subject: RE: Message about : CB YELLOW ANACONDA BABIES

Hi Ken,

This is Alison. Your site is down b/c I haven't heard from you as to
what is going on, you said you would speak to Sal and get back with me.
I sent you the invoice and reminders, but still have heard no response,
not even a call asking for some time. As far as those yellow anacondas,
we had about 6 of our own before you ordered from US Global. If you
notice our Kingsnake ads and Website, we have taken down everything you
have at your facility, considering that I have customers calling me
telling me that Elite Reptile is "getting out of doing business with and
not partnering up with Upstate" after all...that was a waste of $500 for
us to put an ad in Reptiles Magazine. You could have at least said
something to us. I had assumptions as to the way you were acting, but to
hear it from someone other than you is very disappointing. I think it's
fair that since you couldn't talk to us about this, but instead having
your employees notify customers, that we box up what is left of the sick
animals and ship them to you. I don't feel it is appropriate for us to
be housing and nursing your sick animals back to health (considering we
have to have them quarantined from the rest of our animals) and we don't
see anything but a smoke screen of lies. To be fair, to make up for
DOA's, since you are not here and have no idea what we've been going
through with some of these animals, take the money of the items we sent
you out of our personal stock in replace of them. No one in the
business would do this for you, but we are "friends".

Also I would like you to ship back the Green Tree Python, 0.2 8'
Columbian Boas, 1.2 Jungle Carpet Pythons (first trio sent) and
Ceylonese Python, which I am still awaiting payment for and you have had
the animals since July. Either that or you can send $1235 via paypal
and I will even take shipping on that as a loss. As well as I have
taken a loss on having to pay for shipping from US Global on all your
animals to here with feeding and caring for them until they were shipped
to you. If any of the animals are sold, just send the money for them.
--------------------------------------------------------------------------------

I am just tired of Upstate, PERIOD!

I wish they would just go away, I am so tired of the 300+ pages in 4 or 5 threads. It is like a car wreck, I cannot look away. They are at the point where I will never even think of opening their ads, much less purchase from them. All the business names, websites, wc dead animals, I just could care less what they have to say anymore, sorry. Their posts are like nails on a chalkboard to me....And Upstate, it is all about Karma man!! And you got it coming right back at you, 10 fold.

Dave

What Ken was trying to log into (which I already explained to him, the girl in his office, and AJ herself) was my Moonlit Media Reseller account. They were using MY username on MY namecheap.com reseller account.

Ken and AJ knew quite well what they were doing. They even LOGGED ONTO their account and DELETED very single page, picture and directory, however I still have hardcopies of them on my machine. SO this whole..."we didn't know what we were doing" or "we couldn't get it" is crap.

He didn't even try using HIS logon, he used my username and tried diffrerent combinations to try and firgure out my password to get into my account. Only then, he didn't not realize that they safeguard and shut this system down after numerous failed attempts with a wrong password.

Here's the email from name cheap:


quote:
--------------------------------------------------------------------------------

Hello,
The account has been unlocked
----- Original Message -----
From: Moonlit Media
To: 'Richard Kirkendall'
Sent: Thursday, September 04, 2003 4:19 PM
Subject: RE: HELP!! SOMEONE HAS BEEN TRYING TO LOG ONTO MY ACCOUNT!!!


username: moonlitmed

Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]

-----Original Message-----
From: Richard Kirkendall [mailto:[email protected]]
Sent: Thursday, September 04, 2003 7:10 PM
To: [email protected]
Subject: Re: HELP!! SOMEONE HAS BEEN TRYING TO LOG ONTO MY ACCOUNT!!!


Hello,
What is the username you are trying to log into?
----- Original Message -----
From: Moonlit Media
To: [email protected] ; [email protected] ; [email protected] ; [email protected] ; [email protected]
Sent: Thursday, September 04, 2003 4:01 PM
Subject: HELP!! SOMEONE HAS BEEN TRYING TO LOG ONTO MY ACCOUNT!!!


I still have not received a response from anyone regarding my account. I also need to gain access as I need to purchase more domains for my customers.

Please let me know what the status is ASAP.


Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]
[email protected]

-----Original Message-----
From: Moonlit Media [mailto:[email protected]]
Sent: Thursday, September 04, 2003 5:31 PM
To: '[email protected]'
Subject: HELP!! SOMEONE HAS BEEN TRYING TO LOG ONTO MY ACCOUNT!!!


HELP!

I have someone trying to access my account. I tried logging in and received this error:

For security reasons, this account has been locked due to too many failed login tries. The user name will be enabled after 9/5/2003 4:00:13 PM EST. If you think this is an error please email us using the same email address currently on your account to have your account enabled.

How do I go about safeguarding myself? I have an irate old customer who is trying to hack into all of my systems, and I see he has tried here.

Please let me know.

Also, please let me know how to re-activate my account.

Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]
[email protected]

--------------------------------------------------------------------------------



Ken is a very smart man.....or claims to be....now all of a sudden he's doing a great job of acting quite incapable. He knew how to access his account, he had all the same logon info from day one.

He purposely went and tried to gain control, but got shut down. He claims to never have the password, etc. etc...here's the originals of how many times alone I emailed it to him:


quote:
--------------------------------------------------------------------------------

-------Original Message-------

From: Moonlit Media
Date: Wednesday, September 03, 2003 23:10:30
To: 'kenneth'
Subject: Moonilt Media

Ken:

Your info for your domain is once again as follows:

Username: eliterep
Password: yates
Domain: http://www.elitereptile.com




From: [email protected]
Date: Saturday, August 30, 2003 00:15:24
To: 'kenneth'
Subject: Website

Hi Ken:

I was wondering how you were going to pay for the site so I know what type of invoice to send you (PayPal, Credit Card, etc.)

Username: eliterep
Password: yates




***Here's the original sent to ken on 7/12***
Your website is now active!!

Congratulations on becoming part of the growing online community with Moonlit Media.

The following is your website information. Please remember NOT to give out your username or password to anyone!

Website Address: http://www.elitereptile.com
Username: eliterep
Password: yates

For site administration, please visit http://www.elitereptile.com/cpanel
Cpanel is where you monitor the amount of bandwidth used, space used, create E-mail addresses, sub domains, and much more!

FTP Information (Also info to be used for MS Front Page)
Upload directory: ftp://elitereptile.com/public_html
Username: eliterep
Password: yates

If you have any questions, please let me know.

Sincerely,

Alison Tornambene

Alison Tornambene
Owner
Moonlit Media
518-692-3101
http://www.moonlitmedia.com
[email protected]

--------------------------------------------------------------------------------




Ken even flat out lied to the site admins at Name Cheap to try and gain access...here's that email again:


quote:
--------------------------------------------------------------------------------
-----Original Message-----
From: [email protected]
Sent: Thursday, September 04, 2003 8:10 PM

Hello,
Unfortunately if the domain is in your providers account with us there is no way we can give you access to it. They will have to authorize it first.
----- Original Message -----
From: [email protected]
To: [email protected]
Sent: Thursday, September 04, 2003 12:39 PM
Subject: Registered Domain with your Company


I currently have a web domain with you, but am unable to log on to adjust some things on my site. Please contact me about this problem ASAP! Our Contact is with Moonlit Media, but we have lost contact with them and need to keep our website up and running for the sake of business. So please contact us with our info. Thank you for your time.

--------------------------------------------------------------------------------



You know...I am here posting all of this proof...Ken has posted none...and not for nothing...the only thing some are saying is little things to pick my story apart....what about the plain fact that everything ken has said and done is heeasay?

Where's his proof....? Or since he couldn't buy everyone's vote did he leave?

Good idea Alison, if perhaps we can keep the situation between upstate and elite on this thread it would save a lot of confusion.

I also want to add, that Ken started with us as a customer. We sent him some of our python breeders, as we were looking to get more into the boas. He received 1.1 albino burms, plus right after that he ordered a brazilian (all back in june).

See this is good too...it shows I do have SOME happy customers.

On 6/16 we wrote:



quote:
--------------------------------------------------------------------------------
Thank you for your purchase. Your tracking number is 2902644334.

You can track your package at http://track.airborne.com/TrackByNbr.asp

If you have any questions, please feel free to contact us direct.

Thanks!!!

Sal & Alison Tornambene

Upstate Exotics
http://www.upstateexotics.com
[email protected]
1-866-PETS-499
518-692-3101

OUR *NEW* Shipping Terms
Health Guarantee:
We provide the following guarantee to the customers of, "Upstate Exotics":
We guarantee that animals purchased from, "Upstate Exotics", will arrive alive, and in good health and condition.
Buyers have SEVEN DAYS to determine the health of the animal, or the animal may be returned to, "Upstate Exotics", in good condition, for a FULL REFUND, INCLUDING THE SHIPPING COSTS BACK TO US!!
The first 24 hours are for "Buyer's Remorse", (that includes mis-sexed animals), the next SIX DAYS are for HEALTH REASONS ONLY!
We will require a mandatory Vet report, stating (IN PLAIN ENGLISH) what the illness is, and HOW it was contracted! If it turns out it was our fault, "Upstate Exotics", will pay the Vet's Bill for the exam, also!
If you have ANY questions regarding our guarantees, please contact us at the number above.
Payment:

Acceptable payments include.... PayPal, or call the store number (above) and give us your credit card number right over the phone!
We accept the following credit cards: MasterCard, Visa, Discover and American Express.
We expect payment in full before we ship. Deposits on animals are non-refundable.
There are no Styrofoam-lined box charges, heat pack charges or packing charges for any animals purchased from, "Upstate Exotics".
We will hold animals with payment/deposit for 30 days, unless otherwise previously discussed. If after 30 days full payment is not received and/or shipping is not paid, the animal will be restocked and deposit/payment will be lost and non-refundable.

--------------------------------------------------------------------------------



When he received them he sent this email on 6/19:

quote:
--------------------------------------------------------------------------------
we are happy. by the way what are the albino eating
--------------------------------------------------------------------------------



And even sent a picture....




Then on 6/25 we shipped him another order.

Just want to note, these orders HAVE been paid in full for.

Stardust said:

Good idea Alison, if perhaps we can keep the situation between upstate and elite on this thread it would save a lot of confusion.

Click to expand...

I disagree,.,, after all why start another upchuck thread
why couldn't upchuck include this in the threads allready about them.
why??
why??
starting new threads about the same general subject is a no-no
cmon upchuck WISE UP

This is more about Ken Yates.

from ke

i amhave read all of this, basically upstate arer scam artisit and i was taken. aj is in the process of movig and working with my company.
i believe after reading everything that it is interesting to everyone and we will post the proof as you can see aj is doing
we will do this because i want everyone to know that i made a mistake in dealing with upstate.
all this info on the site is great and i believe we all need to know
although
1. we all now they are a problem
2. i will really need to prove this in a court of law to get back and satisfy me finacially with the credit card fraud and atc..

Ken,

What are doing posting on Anja's account??? Am I missing something here? Shouldn't each of you have a separate account with passwords? With you posting on her account, it certainly raises red flags about who it is that is actually writing in your various posts!

Please clarify . . .

sorry

I left my account logged on to his PC at work here last night. I was so tired I didnt even think about logging out. Sorry again.

I dont want there to be any confusion on who is posting.


Anja Buffalo

I think it's pretty safe to say, and so I will, that I am not exactly upchucks biggest fan. But, if they are really serious about trying to turn it around, which I still have BIG doubts about but would like to see, then they should have that opportunity.

ken, you have done nothing but tell us how you're going to bring them down, and show us what they are and how they operate. Hello, zoostaff to gorilla here, we KNOW that already. Your constantly stirring the pot does no good for anyone. And the fact that you have also lied, then tried to focus the blame to them, then gotten loud and angry at us for calling you on it does very little to the credibility you are so desperately grasping for.

Post the facts. A paper work trail that is verifiable. An email trail with headers and footers, or whatever they're called so we know when and from where each one was sent and recieved. If you are going to say this was a verbal deal, then go home and lick your wounds in silence. We, or I'll just speak for myself here, I need more proof than the word of someone like you. I didn't believe alison without proof and I certainly won't be granting you the benifit of the doubt after your conduct here.

Put up or pass on to a forum more soap opera oriented.

Just because upchuck has proven themselves to be bad guys in the past does not mean they should be treated any different than the best guys out there. And just how did I get to be their spokesman anyway. Damn!

I feel like there is one standard. Do well and great, we won't talk about you much, but when we do it will be with sighs of satisfaction and the ooohs and ahhhhs of envy. If you screw up a lot we will bring it to public light and talk about it, sometimes not very nicely. No one likes to be taken. To me though, it really feels like you thought that because they had a bad reputation we, or I, since I can really only speak for myself, would automatically take your side against theirs. Nope, not going to happen.

Facts, Facts, and then some facts, which I have asked both you and your manager for several times. So far all we've gotten are lame excuses and pathetic soapbox speaches.

Quit telling us, me, what you're GOING to do and just DO it!!

Or go away.

If you have proof, I'm backing you all the way. If you don't ....... you're no better than the reputation alison has built for herself.


Please do one or the other.

Wes Pollock

Waiting

Is it my imagination or have we been hearing for two or three days how "tonight" or "as soon as I can" or "too tired now but tomorrow" will post all the proof we need. And yet all we have seen is one Airborne bill.

Thinking I will go to work on bringing peace to the Middle East, probably will have something when I am done.

Ken paid for this entire advertising, nothing was received from upstate on this.