Data hostage - Hosting malpractice

Discussion in 'Legal Issues' started by Salami1_1, Sep 25, 2009.

  1. #1
    Hello all,

    I'm currently hosted at Host1Plus.com. Do a to me an unknown reason my website has been down for the last 48 hours, as whole the server they have in US has been offline. Now I'm loosing money every day because of this and worse I'm loosing customers because of this (customer is much more worth then just a sale of course).

    They state it is a 'network issue' but in their explanation they state:
    'Due some circumstances we have faced total network failure in the US DC. Our server is completely disconnected and datacenter refused to provide backup data. We are still negotiating with DC to get all data backup'

    Which leads me to believe they outsourced the server in a data centre (they always claimed to HAVE a datacentre in the US) and they just did not pay their fees and now this data centre is taking all data hostage.

    I REALLY need the data from my database. What can I do legally to force them to do all it takes to get me my data? And as second question how far can I go for demanding compensation of missed income?

    Thank you very much.
    Steven
     
    Salami1_1, Sep 25, 2009 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Unfortunately, you'd have to sue them to: a) force them to do whatever it'll
    take to get your data, and b) compensate you for missed income. Of course,
    it's a different question altogether if you'll even have a chance of winning.

    Speaking of which, one important factor determining that is your agreement or
    terms of use with the host. Many limit their liability to maybe refunding you for
    the hosting fees and giving perhaps a free year or so of hosting, but..they will
    not pay for arguably lost business.

    And sorry to read what happened to you as it's unfortunate. Things like this is
    one reason why one ought to keep copies of their data rather than depend on
    other people to do it for them.

    Regrettably it's not an answer you'd like. But...it's an answer nonetheless.
     
    Dave Zan, Sep 25, 2009 IP
  3. matessim

    matessim Active Member

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    #3
    your in a pickle, since even if you sue them for the data, we all know how slow the justice system work... though, suing an company/ enterprise is a rigorous thing, that data center has lawyers for anything you'll throw at them, i'd just pray that it will end qiuckly, and as soon as it does, double book hosting somewhere else so if one goes down you'll survive. or use your own dedicated server.
     
    matessim, Sep 26, 2009 IP
  4. hpgoodboy

    hpgoodboy Well-Known Member

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    #4
    The legal issue is one side. But it looks like you are more concerned about your business. I suggest to buy hosting from a different company and also get a backup hosting plan from a different hosting company. If you find the right hosting companies, you might even get all this for less than you are paying now.
     
    hpgoodboy, Sep 26, 2009 IP
  5. SmallPotatoes

    SmallPotatoes Peon

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    #5
    Never buy hosting from resellers; it's a sucker's game. Buy direct from the hosting company. They will be much easier and more professional to deal with, and less likely to flake out or disappear.
     
    SmallPotatoes, Sep 28, 2009 IP
  6. Salami1_1

    Salami1_1 Peon

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    #6
    yeah I already have a new hosting now and setting up my own servers and I created an autmatic back up functionality that emails a full db back up to my email address based on a cron job.. but that doesn't take away I still don't have access to my data (all stats from like 4 years from sales and usage and all previous support tickets)

    I actually got the contact details from host1plus from the owners of the data centre. I tried contacting them a couple times now but they keep giving me useless answers and telling me nothing.. They won't even confirm host1plus.com is a customer of them. Host1plus isn't giving much reply on the issue at all (I have asked on the progress of getting the data back numerous times now).

    b.r.
     
    Salami1_1, Sep 29, 2009 IP
  7. hostlonestar

    hostlonestar Peon

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    #7
    It is the responsibility of the client, not the host, to maintain current backups of data. You can't do anything.
     
    hostlonestar, Oct 2, 2009 IP
  8. bryon123

    bryon123 Peon

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    #8
    Hi!
    Now this is just too much. Come on. Why do people insist on not doing backups???? And why is it so hard to have two-three hosting accounts with the same data? I've seen this play out so many times...and people never learn! No..they just turn right around and do it again.

    Unbelievable.

    >>>>Listen folks. Most hosting accounts have control panels..mostly Cpanel. It is *SOOO* easy to backup databases with Cpanel and transfer them to another server. I've done it hundreds of times. HUNDREDS. Yes..I'm a uber-geek..still..a child could do it.

    There is NO excuse. None. Nada. Zilch. Do it..or pay the price.

    Bryon
     
    bryon123, Oct 2, 2009 IP
  9. robenso

    robenso Peon

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    #9
    that hosting is very bad they also closed my website and never gives me the backup
    worest i ever seen
     
    robenso, Oct 2, 2009 IP
  10. KDisk

    KDisk Peon

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    #10
    Hello,

    I see your host is back online, you may want to try to grab your backup and RUN.
     
    KDisk, Oct 4, 2009 IP