Sue my hosting for loosing my files ?

Discussion in 'Legal Issues' started by BackOfTheNet, Apr 13, 2008.

  1. #1
    I had a hosting account with some guy off here he got banned from his hosting and thus I lost my files which took days and days to write from scratch.

    Im at a loss and do not know what to do the thing is the guy is still aloud to promote hosting on here again what can I do heres the thread.

    http://forums.digitalpoint.com/showthread.php?t=676526&page=10

    Can I prosecute? Will I ever get my files back? Cant DP ban this member?

    Thanks any info would be great I love using DP but this as kind of put me off TBH
     
    BackOfTheNet, Apr 13, 2008 IP
  2. wisdomtool

    wisdomtool Moderator Staff

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    #2
    Suing is not an alternative unless the sum involved is considerable. Have you tried Google Cache or archive.org to see if you can get back whatever files possible?
     
    wisdomtool, Apr 13, 2008 IP
  3. BackOfTheNet

    BackOfTheNet Peon

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    #3
    php files lots of coding plus alot of auto update files using magpie rss all differently adapted to suit the feed that was pulling the info :(

    At the end of the day he has done this so why should he be allowed to still promote on DP he should be banned imo
     
    BackOfTheNet, Apr 13, 2008 IP
  4. coltfin

    coltfin Active Member

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    #4
    Should be your responsibiliy to make backups though I'm afraid..
     
    coltfin, Apr 13, 2008 IP
  5. hans

    hans Well-Known Member

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    #5
    as said below
    it is a site-owners responsibility AND duty to have full backups of entire site.
     
    hans, Apr 13, 2008 IP
  6. cryptomatrix

    cryptomatrix Guest

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    #6
    This could be difficult because most web hosts try to protect themselves in their terms and conditions.
     
    cryptomatrix, Apr 13, 2008 IP
  7. alexf2000

    alexf2000 Peon

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    #7
    Backup all your data at all time. It is always easier to erase unnecessary backup then to recover erased data.
     
    alexf2000, Apr 13, 2008 IP
  8. cool_78

    cool_78 Guest

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    #8
    I don't think it would be worth the trouble and the money. I think you can still search for the archive of your files in various SE's
     
    cool_78, Apr 13, 2008 IP
  9. dopiitv

    dopiitv Well-Known Member

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    #9
    All that and you didn't even make a backup... that's your fault-sorry.
     
    dopiitv, Apr 13, 2008 IP
  10. Dollar

    Dollar Active Member

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    #10
    As the old saying goes, You get what you pay for.
     
    Dollar, Apr 13, 2008 IP
  11. articledirectory

    articledirectory Peon

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    #11
    Allways go for hosting with a reputable company, most hosting companies wont cover you against data loss, but there some that incude daily/weekly/monthly backups as part of the hosting service, apthost is one of the top of my head.
     
    articledirectory, Apr 13, 2008 IP
  12. godsofchaos

    godsofchaos Peon

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    #12
    Damn this sucks... the only thing you can do is tell everyone about it cause I am sure, like 99.99% of all the hosting companies have this written on their TOS that you are responsible for your files.... Anyway there should be a back up of your site in their server... I say you move to a new hosting (like www.aqns-hosting.com is an awesome one and very flexible!) who are more friendly and keeps daily backup!

    If you want you can also PM the owner of aqnshosting here

    I think if a back up can be retrieved, He will retrieve it for you. Tell him I referred you and he will take good care of you... (think he will take good care of you regardless) Best of luck!
     
    godsofchaos, Apr 13, 2008 IP
  13. BackOfTheNet

    BackOfTheNet Peon

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    #13
    Thanks for the comments people :)
     
    BackOfTheNet, Apr 13, 2008 IP
  14. nethelp

    nethelp Peon

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    #14
    This happens when you deal with small hosting companies or individuals...
     
    nethelp, Apr 13, 2008 IP
  15. kill71987

    kill71987 Peon

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    #15
    BOTN im sure you understand that i was not the one who lost your files it was the server company i was using the vps from, they were managing it and it got hacked.

    As said by many members, you should back up your files, surely you amd ethem on your computer so how do you not have backups?
     
    kill71987, Apr 13, 2008 IP
  16. Pervert-For-Life

    Pervert-For-Life Banned

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    #16
    well here is a hosting company that dont do this kind of things.... none of the customer ever had any problem with this hosting company i have been using from 3 years... no i dont make any profile if i send someone to there company... but because they provide problem free service and work with there customers so i am really happy to send them more customers... the link is on my signature... oh and one more thing... they dont suspend my account if i am little late in sending payments.... so i get lots of advantages on this company which is why i been sticking with them from more then 3 years....
     
    Pervert-For-Life, Apr 13, 2008 IP
  17. Electro-Host

    Electro-Host Well-Known Member

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    #17
    Webhosting companies state in their TOS (Terms of Service) if they backup your data daily. But it is still your responsibility to keep daily backups in case of a situation like this. cPanel and other controls panels have a option for you to backup your data.
     
    Electro-Host, Apr 13, 2008 IP
  18. eddy2099

    eddy2099 Peon

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    #18
    I would agree with the rest that it is the site owners responsibility to do site backup. With Cpanel, there is the Backup option which is available which allows you to backup virtually everything from your account. So you can pass the backup files to the new host to restore if you need to move or back to the same one if anything happens.

    I took a look at the OP's hosting and it seems that the hosting plans allows for "
    [*] Warez, Torrents, Adult Allowed, Proxy Allowed" . It would appear that with activities such as these and also the super low price tag of $3.95/mth , the hosting is pretty much doomed from the start. Illegal activities may be against the main web host policies and even if it is not, government authorities may want to bring that down. The price tag for the high specs makes it very unlikely to sustain in the long run.
     
    eddy2099, Apr 13, 2008 IP
  19. BackOfTheNet

    BackOfTheNet Peon

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    #19
    Fair do's BUT my host beat about the bush my site was down for a whole month before he told me that it was dude to being hacked lol what a moron thats why I'm so mad and disgusted that HE is allowed to promote his business on here yet again!!
     
    BackOfTheNet, Apr 14, 2008 IP
  20. Electro-Host

    Electro-Host Well-Known Member

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    #20
    Well why don't you report him to the admins of the forum and see if they can ban him. Try and also look for a host who doesn't offer plans as low pricing with features such as "unlimited" bandwidth / hosting etc.
     
    Electro-Host, Apr 14, 2008 IP