Sellsmc, Sellcorp, Official Site Builders ripoff Appleton Wisconsin

This company was sued and lost in Pennsylvania docket #cv-325-05 for making unauthorized and unlawful charges to a credit card and attempting 148 charges to a known closed credit card.

But hey folks, don't look for this company anywhere! They changed their name and moved!!!!

You can find them at:
USell Corporation
1717 E. Calumet ST., Ste 280
Appleton, WI 54915-4358

800-741-1523
920-968-7600
www.usellcorp.com

They changed their name and physical address, but they kept their same phone numbers and the same website.

This company was sued and lost in Pennsylvania docket #cv-325-05 for making unauthorized and unlawful charges to a credit card and attempting 148 charges to a known closed credit card.

But hey folks, don't look for this company anywhere! They changed their name and moved!!!!

You can find them at:
USell Corporation
1717 E. Calumet ST., Ste 280
Appleton, WI 54915-4358

800-741-1523
920-968-7600
www.usellcorp.com

They changed their name and physical address, but they kept their same phone numbers and the same website.

This company was sued and lost in Pennsylvania docket #cv-325-05 for making unauthorized and unlawful charges to a credit card and attempting 148 charges to a known closed credit card.

But hey folks, don't look for this company anywhere! They changed their name and moved!!!!

You can find them at:
USell Corporation
1717 E. Calumet ST., Ste 280
Appleton, WI 54915-4358

800-741-1523
920-968-7600
www.usellcorp.com

They changed their name and physical address, but they kept their same phone numbers and the same website.

Carol-
I delt with Mark Busnelli from day one.
I respect that you don't want to go into details of your personal affairs and I will leave it there.

Charles-
Since when is it the responsibility of the consumer too work with a company, like it or not and believe it or not, but they willingly and knowingly violated an injunction. A company that willingly sold a product or service they new they could not render. And I can keep going on.

If I am so wrong with my details and facts, then why were you able to sign up for the wholesale gifts database on your custom website through www.sellcorp.com, until June 30, 2005. Then they immediately came out on www.sellcorp.net with out the wholesale gifts database and the electronics database and all the coming soons (I have the screen shots if you don't know what I am talking about). And now, www.sellcorp.net is gone!

Lee, I don't feel comfortable discussing my personal situation regarding this company. This is between them and me and each situation is handled differantly, I am sure. I do think, however, that they do try to work things out with problems they encounter. As far as your situation..perhaps if you "talk" directly to the "boss"..you might get farther in your efforts to resolve whatever problems you still have with them. That is what I did.

Yes I agree and I end it here!

Could you please tell me how or what they did to fix your situation?

I assume you had the wholesale gifts database + ??

Even tho I don't know either one of you, I think this has gotten a bit more personal than what it should have gotten. Lee, I don't doubt you have a complaint against this company, and you feel it just and warranted. Charles, I agree that this company does try to make it right for their clients and that is a good thing. Whatever the problem is, I do not think this should have gotten to such a personal level. So, let's agree to disagree and leave it for now. Carol

Charles-

I can not believe that you had to play the minority card. You are truley desperate.
-I wont even go any further with that!

Again, you do not know all the details and you continue to spin any info you get into your point instead of the facts.

I play strictly buy the rules and the facts.

And no, I did not cry and complain to the company like a small child, again you are wrong. This is much deeper then I did not get my way or wanted something for nothing.

Get all the facts, next time, before you open your trashy and useless mouth.

You can even read, or understand what I have written, you make a mockery of it all by writing on the wall like a child -

I did not say they offered you 5 years, I said they told me they would give you 5 years just to please you - SO READ IT RIGHT

Why would they give your free service? I'll tell you why, like a little child who cries and whines endlessly for that cookie, it is sometimes just easier to give the child the cookie. Thats what they were doing for you, just to SHUT you up

You Quote a rule reference of theirs about privacy - They gave me general information, ( and only to defend themselves ) THEY DID NOT EVEN GIVE ME YOUR LAST NAME, YOUR ADDRSSS, CC NUMBER OR NOTHING, but if I had to guess what your last name is, I would guess a name like IDIOT

They worked thing out with Carol, because she wanted to work things out, things did not get worked out with you BECAUSE OF YOU - and we can ALL see it just in your posts here.

Since you like to quote what their terms are, what about there agreement -

"It is the policy of the Billing Department that once a customer has been placed in the Modern Bill System that cancellation of service cannot occur."

Pretty simple to me, but must be too simple for your simple mind -

Carol-
You are correct that a buisness should be able to get their services where they want and how they want. But SMC is ran as a membership club and you know that from the begining. Just like Sam's club and Costco, you have to join both to buy at both or just stick with either one.

I am in no way defending SMC, I asked the rep five key questions before joining. I knew the awnsers, but he lied about them. Afterwards, I challenged the coach and numerous reps, as well as their web designers. They offered me half price on their full website because they listened to his tapes. But I never got the same awnsers when I asked those five questions to the other people.

I will say that SMC did return all the money, except for the initial s/h on the membership kit. They did what they said, in this case, and they followed their rules to a "T". So, I walked a way satisfied and left them alone.

I am truely glad that you received the out come you wanted and I appologize for calling you a company man.

Charles-
Either you are a liar, don't think before you speak, or was snow blinded by OSB / Sell Corp.

1. Official Site Builders / Sell Corp / Mark Busnelli has never contacted or informed my office or myself in that they would give 5 years free hosting to make me happy.

2. The only replies I get from them when I contact them are in forms of declined charge attempts to a closed account.

3. If OSB / Sell Corp / Mark Busnelli did talk to you about me, then they are in violation of their own TOS, page 2 about 3/4 of the way down. Unless, you got a court order. So, are you a liar or are they? Unless you do work for them, then you are in violation of their TOS!

4. They did offer me a year of free hosting prior to me duing a chargeback of the first unauthorized charge and I did do a chargeback of a second unauthorized charge. Because of the legal agreement that I have with Capital One, they had to give them the money back.

5. If it was just about me being an unhappy customer, what company would give 5 years of free service, just to make one person happy? If I was you or anyone else here, I would be truely pissed that I dont get free hosting. How does the company make money.

6. The offer had wholesale gifts and wholesale electronics in it. They can't even offer the service for either one, let alone offer free hosting for it.

So, without going through the whole case prior to the trial date, I'll stop here and let everyone esle make their own decisions.

I too am not the COMPANY - I agree with Carol, whom I do not know or have never met - " Nice to meet you Carol "

I have worked many years for Civil Rights and being of dark skin, I know how important it is and the fight it takes when you are a small minority.

SMCORP and others like them, just use there power and money to drown others, they do not care about you at all, you are pocket change to them so they can live in those big fancy houses in the warm climate.

And yes I am a PR man like Lee says, but not for any company, I am a PR man for Civil Rights, and the freedom of choice -

Anyone else here agrees with me!

Since I am the "person" who started this thread, I now feel it necessary to respond to this last post! I am NOT a company person, I felt I was wronged by this company in the beginning, and I reported it. However, whatever their problem is with SMC, they did do the right thing for me..and rectified the problem, to my satisfaction. I do believe that SMC is trying to menopolize website building regarding their products, which is UN-AMERICAN. As a free nation, we should be allowed to go to whom ever we choose to have a lousy website built, and serviced. You see what happens with a menopoly don't you..they charge whatever they want..to excess and that just isn't fair!!!

I will not devulge what I do or what I have, but I will say that you don't have all the facts.

Even with your lets call the company and inquire techniques, you were not told everything and you have no idea about what is going on here.

But I am truely glad for you and her and that you both are company people. Good luck with your buisness or what ever you do in life.

First of all, I belong to PACER and there you can get every Document that has been filed - It is a PAY Service -

So you have a few Docs, and you base you information on that -

I was curious why you are so hell bent on blasting this company, so I called and mentioned Lee from Freedom and I was transfered to someone in billing - WOW was I informed - You bought some websites from them and then could not be pleased, they even said they gave you free hosting for a year and that could not even please you, so you did a chargeback, and your CC company denied your chargeback, So you took it to the next level and tried to get a Chargeback again and you lost again.

Here is how I see it - A Company can not please everyone, and some people can not be pleased at all.

I don't see more than 2 people here posted something negative, and the person who started this post retracted her complaint, so I guess Lee your out there alone.

I asked the company if they were still will to work with this Lee, and there reply was Yes, they said " We do not want unhappy customers, but sometimes there is no way to make it work " I was then told that to make Lee happy we would be will to host his site for 5 years at no charge, that is how we try to work things out.

I think this company is admirable

United States District Court Case No. CV 04-7197-JFW, I have copies of the originals for the temporary injunction and the permenant injunction.

Page 3, line 7 - 8.
For the first time, Mr. Busnelli indicated he might wish to be present in Los Angeles for a contested arbitration.

Page 3, line 17.
Plaintiffs timely paid their arbitration fees. Defendants did not timely pay any arbitration fees.

*This would be for extending the arbitration date!

Page 3, line 20 - 24.
Does anyone think defendants or their counsel showed for final arbitration? NO!!!!!! That tells me that the defendants know they are wrong and that their free ride is over.

As for the appeal, any company in their right mind will appeal anything against them. Do you really think Busnelli has $5.5 million he can dish out at anytime?

Even Bill Gates appeals his judgements.

Charles please fell free to think that Official Site Builders / Sell Corp is heaven sent, that's your american right. I choose the opposite!

Arbitration , in the law, is a legal alternative to the courts whereby the parties to a dispute agree to submit their respective positions to a neutral third party, the arbitrator, for resolution.

Generally, arbitration is used in a business-related dispute and usually entails a fraction of the time and money of litigation. Both parties agree to recognize an arbitration panel as a legal authority, and agree that the decision is legally binding. If the losing party fails to pay the award amount, the winner can transfer the decision to a court, which will enforce the award judicially. Arbitration procedures are usually closed to the public.

Either party to an arbitration may appeal the arbitrator's decision to a court, however the court will generally not change the arbitrator's findings of fact but will decide only whether the arbitrator was guilty of malfeasance, or whether the arbitrator exceeded the limits of his or her authority in the arbitral award or whether the award conflicts with positive law. Some jurisdictions have instituted a limited grace period during which an arbitral decision may be appealed, but after which there can be no appeal.

Some domestic jurisdictions have stipulated that judges may require either arbitration or mediation of certain disputes as a first step toward resolution. This is often the case in family law, particularly child custody cases.

To ensure effective arbitration and to increase the general credibility of the arbitral process, arbitrators will sometimes sit as a panel, usually consisting of three arbitrators. Often the three consist of an expert in the legal area within which the dispute falls (such as contract law in the case of a dispute over the terms and conditions of a contract), an expert in the industry within which the dispute falls (such as the construction industry, in the case of a dispute between a homeowner and his general contractor), and an experienced arbitrator.

Arbitrators have wide latitude in crafting remedies in the arbitral decision, with the only real limitation being that they may not exceed the limits of their authority in their award. An example of exceeding arbitral authority might be awarding one party to a dispute the personal automobile of the other party when the dispute concerns the specific performance of a business-related contract.

Arbitration , in the law, is a legal alternative to the courts whereby the parties to a dispute agree to submit their respective positions to a neutral third party, the arbitrator, for resolution.

Generally, arbitration is used in a business-related dispute and usually entails a fraction of the time and money of litigation. Both parties agree to recognize an arbitration panel as a legal authority, and agree that the decision is legally binding. If the losing party fails to pay the award amount, the winner can transfer the decision to a court, which will enforce the award judicially. Arbitration procedures are usually closed to the public.

Either party to an arbitration may appeal the arbitrator's decision to a court, however the court will generally not change the arbitrator's findings of fact but will decide only whether the arbitrator was guilty of malfeasance, or whether the arbitrator exceeded the limits of his or her authority in the arbitral award or whether the award conflicts with positive law. Some jurisdictions have instituted a limited grace period during which an arbitral decision may be appealed, but after which there can be no appeal.

Some domestic jurisdictions have stipulated that judges may require either arbitration or mediation of certain disputes as a first step toward resolution. This is often the case in family law, particularly child custody cases.

To ensure effective arbitration and to increase the general credibility of the arbitral process, arbitrators will sometimes sit as a panel, usually consisting of three arbitrators. Often the three consist of an expert in the legal area within which the dispute falls (such as contract law in the case of a dispute over the terms and conditions of a contract), an expert in the industry within which the dispute falls (such as the construction industry, in the case of a dispute between a homeowner and his general contractor), and an experienced arbitrator.

Arbitrators have wide latitude in crafting remedies in the arbitral decision, with the only real limitation being that they may not exceed the limits of their authority in their award. An example of exceeding arbitral authority might be awarding one party to a dispute the personal automobile of the other party when the dispute concerns the specific performance of a business-related contract.

Arbitration , in the law, is a legal alternative to the courts whereby the parties to a dispute agree to submit their respective positions to a neutral third party, the arbitrator, for resolution.

Generally, arbitration is used in a business-related dispute and usually entails a fraction of the time and money of litigation. Both parties agree to recognize an arbitration panel as a legal authority, and agree that the decision is legally binding. If the losing party fails to pay the award amount, the winner can transfer the decision to a court, which will enforce the award judicially. Arbitration procedures are usually closed to the public.

Either party to an arbitration may appeal the arbitrator's decision to a court, however the court will generally not change the arbitrator's findings of fact but will decide only whether the arbitrator was guilty of malfeasance, or whether the arbitrator exceeded the limits of his or her authority in the arbitral award or whether the award conflicts with positive law. Some jurisdictions have instituted a limited grace period during which an arbitral decision may be appealed, but after which there can be no appeal.

Some domestic jurisdictions have stipulated that judges may require either arbitration or mediation of certain disputes as a first step toward resolution. This is often the case in family law, particularly child custody cases.

To ensure effective arbitration and to increase the general credibility of the arbitral process, arbitrators will sometimes sit as a panel, usually consisting of three arbitrators. Often the three consist of an expert in the legal area within which the dispute falls (such as contract law in the case of a dispute over the terms and conditions of a contract), an expert in the industry within which the dispute falls (such as the construction industry, in the case of a dispute between a homeowner and his general contractor), and an experienced arbitrator.

Arbitrators have wide latitude in crafting remedies in the arbitral decision, with the only real limitation being that they may not exceed the limits of their authority in their award. An example of exceeding arbitral authority might be awarding one party to a dispute the personal automobile of the other party when the dispute concerns the specific performance of a business-related contract.

Arbitration , in the law, is a legal alternative to the courts whereby the parties to a dispute agree to submit their respective positions to a neutral third party, the arbitrator, for resolution.

Generally, arbitration is used in a business-related dispute and usually entails a fraction of the time and money of litigation. Both parties agree to recognize an arbitration panel as a legal authority, and agree that the decision is legally binding. If the losing party fails to pay the award amount, the winner can transfer the decision to a court, which will enforce the award judicially. Arbitration procedures are usually closed to the public.

Either party to an arbitration may appeal the arbitrator's decision to a court, however the court will generally not change the arbitrator's findings of fact but will decide only whether the arbitrator was guilty of malfeasance, or whether the arbitrator exceeded the limits of his or her authority in the arbitral award or whether the award conflicts with positive law. Some jurisdictions have instituted a limited grace period during which an arbitral decision may be appealed, but after which there can be no appeal.

Some domestic jurisdictions have stipulated that judges may require either arbitration or mediation of certain disputes as a first step toward resolution. This is often the case in family law, particularly child custody cases.

To ensure effective arbitration and to increase the general credibility of the arbitral process, arbitrators will sometimes sit as a panel, usually consisting of three arbitrators. Often the three consist of an expert in the legal area within which the dispute falls (such as contract law in the case of a dispute over the terms and conditions of a contract), an expert in the industry within which the dispute falls (such as the construction industry, in the case of a dispute between a homeowner and his general contractor), and an experienced arbitrator.

Arbitrators have wide latitude in crafting remedies in the arbitral decision, with the only real limitation being that they may not exceed the limits of their authority in their award. An example of exceeding arbitral authority might be awarding one party to a dispute the personal automobile of the other party when the dispute concerns the specific performance of a business-related contract.

Lee said:
Since when did arbitration, when agreed by and requested by both parties, become less legal and binding then physically going through court? I must of missed that memo or called in sick for that meeting.

My Explanation:

An Arb award is nothing more than a Contract and until it ges CONFIRMED it is like writing up a contract and walking around with it without any SIGNATURES on it-

Do you now get it - It means NOTHING

Below is a clip 8a. from OSB website - it confirms that every customer grants them the right to add and manage their product database for them.


8a. MATERIAL Usage; Client hereby agrees that they grant us permission to use their rights actng as an agent on their behalf through their Specialty Merchandice Corporation Membership for the sole purpose of uploading their webites or assisting them with updating their website. Client hereby agrees and grant us permission to download pictures and text descriptions to update their site on an ongoing basis.



After the law suit and when SMC found out about this langage, they lied and said to the courts that they have langage prohibiting this.

"You may not delegate or authorize any other person do so, whether on your behalf or otherwise."

But if you read the 3 different clips below, it shows you that they add that phrase in November of 2004 and made the courts think that it was always there.

In June 2003 - SMC's Agreement was - #
# Trademarks.
You may not use Specialty Merchandise Corporation's name, the SMC logo or any other trademarks of SMC or its affiliates.

In April 2004 SMC made some changes -
9. Trademarks and Copyrights. You may not use the names Specialty Merchandise Corporation or SMC, the SMC logo or any other trademarks or trade names of SMC or its affiliates, or any confusingly similar names, in any manner. You may not use the name or likeness of any SMC spokesperson, employee or other member. You may not copy or link to www.smcorp.com or any other SMC website. You may not copy or use any copyrighted text, graphics or online content of SMC. You may only copy or use designated SMC product descriptions, product photographs and .jpg files on your website to advertise products you purchased from SMC for sale to your customers, and not in any other manner or for any other purpose.

November 2004 - They added more
10. Trademarks and Copyrights. You may not use the names SMC or Specialty Merchandise, the SMC logo or any other trademarks or trade names of SMC or its affiliates, or any confusingly similar names, in any manner. You may not use the name or likeness of any SMC spokesperson, employee or other member. You may not copy or link to www.smcorp.com or any other website of SMC or its affiliates. You may not copy or use any copyrighted text, graphics or online content of SMC or its affiliates. You may only copy or use designated SMC product descriptions, product photographs and .jpg files on your website to advertise products you purchased from SMC for sale to your customers, and not in any other manner or for any other purpose. You may not delegate or authorize any other person do so, whether on your behalf or otherwise.


So as far as I am concerned, SellSMC and OSB had every right to help SMC members and add their products to their site. SMC members agreed that SellSMC and OSB could act as theit agent to do so. It wasn't until SMC read that in a breif that they decided to add words that would prohibit SMC from using an agent - Have you ever heard of someting that is so mondain

ONLY that we live in a free coutry to make choices, good or bad, and to stand on the side of what we belive in, right or wrong.

Believe what you want and in who you want, I am just saying do your own homework and research before you make quick snap judgements.

Since when did arbitration, when agreed by and requested by both parties, become less legal and binding then physically going through court? I must of missed that memo or called in sick for that meeting.

Besides if Official Site Builders / Sell Corp was lawfully capable of providing the product and service of wholesale gifts, why was it shut down by the end of june??????????? And everyone who had that product and service through them would not have been shut down, or am I missing out on something here?

Charles, do you think you can explain it to this idiot??? And then I too can be as enlightened as you!

Lee - Freedom, Pennsylvania is FULL OF IT

I read the pre-lim injunction that was files with the courts and that was signed by a real judge, Judge Walters and he concluded that certain things SellSMC and OSB could not do, and he took the papers from SMC and crossed most of there demands out of it and rewrote it himself. SMC and OSB had stopped those thing that Jugdge Walters had ordered MONTHs before the Pre-lim was even filed -

As far as the Arb award, it id NOT a Court Order as that idiot so protest above Lee - Freedom, Pennsylvania is FULL OF IT - It is merely an arbitration award inwhich under CA court is NOTHING more than a contract and SellSMC and OSB has 100 days to appeal it as well - I heard that they have filed the Appeal ans will be awaiting an answer from a REAL Judge, not a RETIRED Arb Judge -

As far as the much touted SMC "arbitration award" is concerned, please be aware that SMC is referring to a "default" award, meaning that the defendants were not present to offer their side of the case. In other words, the "award" actually represents SMC's "wish list," and is subject to being vacated (rejected) by a court. In addition, under California law (which is where the "arbitration" took place), an arbitration award has no greater legal effect than a simple contract unless and until it is confirmed by a court. SMC has not even filed a request that the "award" be confirmed. Anyone want to guess why? Here's a hint: that same court could also vacate the award on the grounds that it was unfair or excessive.

So, when you get threatening or dire-sounding emails from SMC or its related cohorts, step back and take a look at what they really are saying. And then ask youself what it says about a company that won't just lay out all the facts and then let you decide for yourself. In the meantime, rest assured that you may continue to have your website hosted by any company of your choice, which offers services at a price to your liking, and there is nothing SMC can do about it.

It's called Freedom. You know, the American Way.

Lee, I think you need to talk to these people and read the TOS when you took out the service. You need to provide to him in writing (not an email) a letter stating to stop any and all attempts at debiting your account. I have found out that simply closing accounts does not work. I have run into this problem with other internet services (NOT SELLSMC). I have no idea what or who to believe regarding these charges, all I know is my problem was worked out to my satisfaction and to me that is all that counts.

Sell Corp / Official Site Builders / Mark Busnelli in my eyes is nothing more then a common thief.

He has willingly and knowingly defied a court order by deliberatly ignoring a court injunction (USDC CV-04-7107-JFW) and he has also violated Wisconsin statue 100.18. He makes known unauthorized charge attempts to closed accounts and I don't mean a couple, try 148 to date. He is currently being sued by other company / individuals that he did the same thing to that he did to her.

This is not a good company!

The difference between a BAD company and a GOOD one is the BAD one will hide themselves or just IGNORE what is said about them - However the GOOD Companies will jump forward and take action to correct their mistakes ( and we all make them ) - So now that has been said -

I vote for Sell Corporation - they are OK in my book!

I just want to bring this report uptodate. As of today, this problem has been mutually resolved between myself and the website maker. I also want to publically apologize to him and thank him for almost bending over backwards to help bring this issue to a close.