[GeriatricCareManager]

Since the end of June 2008, I have made several requests from Mozy to produce backup copies of my hard drive; have sent requests for clarification on the timeline for delivery that have been ignored; have been charged for the disks that I did not receive; have had a demand for a refund of monthly fees ignored; and continue to be charged the monthly fee, since I cannot cancel the account for fear of losing my information.

In my most recent correspondence to Mozy, I indicated I had a reasonable expectation to have my information when request in a reasonable time, to which Mozy replied:

"I'd like to draw your attention to the line in your email where you quoted "Mozy recovers your data and burns it to DVDs usually within 2-3 business days." This is true that usually it's 2 to 3 business days. However, nowhere in that line do we say that that time frame is a guarantee. We are working hard to give our customers the best service we can and would like to apologize again for the delay.

While we aren't obligated to offer such a refund, I decided to refund your cost because we highly value our customer satisfaction and because we want you to know that we're sympathetic to your situation."

Subsequently, I received (via FedEx, 07.22.08) an Iomega drive that doesn't work. The very nice customer service representative returned my email within 24 hours to indicate she is doing what she can to resolve the matter.

In the meantime, I have no data. How many people can go over 30 days without data that they would otherwise expect delivered within a reasonable time? This raised the question, "Who really owns information backed up," for which a fee is being charged on a monthly basis to (securely?) hold information that is not available?

During this process, I have complied correspondence to file a complaint with the BBB and Federal Trade Commission, and will be requesting from my bank a return of funds for services not delivered.

Now, to be fair, I did have a hard drive crash previously and Mozy was the provider which provided the data requested within a week, but now it appears they have a different timeline they feel comfortable with and is not disclosed in their policies.

Backup measures I am taking now are with Carbonite and Maxtor, while I wait, and anticipate receiving in today's e-mail, "Thanks for using Mozy! Your credit card ending in XXXX was charged automatically $4.95 today for a monthly subscription to Mozy. Your card will be charged again on August 03, 2008 as long as you don't cancel your subscription...Thank you! - The Mozy Team"