Hai, I want to sue a hosting company because causing me loss valueable data(because of their careless) and suspended my account without good reason. So,does anyone have try take legal action against any hosting company before?I was believe a lot hosting company nows day provide non responsible services to their client which include using client private data for other purpose such as scam,clients domain name and others.Some hosting company never taking serious about their business or responsible(such client private data) which their more focus about our pocket money only. So,i was thinking if we can grouping all victim and fail law suit to the hosting company.Maybe it can work out. Share your opinion at here..........
Yup: http://www.ilrweb.com/pfdocuments/ilrpdfs/whitnum_v_yahoo.pdf While that decision doesn't dictate how a similar dispute should be decided, it can tell you some things to expect. Unfortunately, it's the complaining party's burden to demonstrate their claims.
The data is more thank likely your responsibility to keep a backup of. Even if they say they make backups, it is still your responsibility (usually outlined in the TOS you accepted). If it is really that valuable to you, you should have had a recent backup. That would be used as a defense, and is a very winnable defense. You then would have to prove the amount you are seeking in lost sales. What did they suspend your account for? Which company was it (I would like ot read their TOS). But, you must show a proponderance of evidence (51%) that what happened caused you so much money worth of damages. Some things hosting companys put in their TOS are not actually legally enforcable. Also, which country is the hosting company in? Where do you plan on filing the lawsuit? Your looking at tens of thousands of dollars in fees minimum.
I'd be interested to know who the host is, so that we all can avoid it. Bad hosting can be a real nightmare if it's costing you a lot of money in lost sales. The best policy is of course to go to a big hosting forum and do your research first before you host with them... IMHO, hosting is a tough business at the same time, so keep in mind what the top hosts do to stay at the top....It's a lot of hard work.
If he actually had a backup, then why waste time with this? find another good hosting provider, and get it rolling again...was you host a primary, or just another shot in the dark reseller? I am sure if google lost their data because of their host...now that would be a lawsuit...are you comparable to google? attorneys have real problems, real issues, with real people...what do you have? other then "they lost my data" because i was to lazy to create a backup...
Thats the thing, most people don't back up their things. If it really is that important they should be backing the stuff up. And that is exactly what any halfway competant attorney for a host is going to say.
normally you can't sue them easily because you are agreed to their TOS while signup and which they must have written for their own benefits