Going To Sue My Hosting Company...

Discussion in 'Legal Issues' started by nhatle84, Nov 19, 2009.

  1. #1
    2 day ago, my hosting server has crashed and tech said they will move all files to a new one.

    After reporting transfers completed, I checked my sites.. noticing all my 140,235 articles and 12,465 members has been totally wiped out cleaned...

    I was on flame but do my best to keep my cool, I wrote and notify them:

    "Since all my data has been lost, I DO have a .SQL backup which you can restore, please do so within 48 hours from now, if you refuse, I will restore myself.. either way, someone's gotta do it."

    The problem is, they DON'T allow anybody to restore, they complain it crashes their server and such and such..

    So.. if they are in charge and refuses to restore.. it's logical enough I can sue and win the fight right?

    Feedback, comments, and opinion is well appreciated,
    -Minh
     
    nhatle84, Nov 19, 2009 IP
  2. Law-Dude

    Law-Dude Active Member

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    #2
    Are you able to post a link to the contract you agreed to when you purchased their services?
     
    Law-Dude, Nov 19, 2009 IP
  3. browntwn

    browntwn Illustrious Member

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    #3
    Get a new and different host and move on.

    How have you been damaged? Restore your site with another host. You have the obligation to mitigate your damages. Suing will be a waste of your time and money and I fail to see what you are trying to get out of it. You want to sue them and in 2 years win the right to have them restore your site?
     
    Last edited: Nov 19, 2009
    browntwn, Nov 19, 2009 IP
  4. few-questions

    few-questions Member

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    #4
    Suing takes tens and tens of thousands of dollars so chill out. Even if you do sue you might lose. Ever read a hosting contract ? It has a lot of "can't blame us for..."

    Move to another host
     
    few-questions, Nov 19, 2009 IP
  5. theapparatus

    theapparatus Peon

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    #5
    Pretty much agree with the others. Take your data and move on. Suing isn't going to get your website backup and all you're going to get back, if anything at all is the money you;ve paid for services.

    But to continue, restores are a pain on some platforms. The only way most endusers are able to do one is via the web interface or the control panel. That takes more resources than doing it from the command line which is something the tech would have to do. That's probably why they have such a policy.

    Amazes me how many hosting companies don't do a basic backup for their clients.
     
    theapparatus, Nov 19, 2009 IP
  6. ChrisMiller

    ChrisMiller Prominent Member

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    #6
    Which hosting company would this be btw?
    Because their excuse that it crashes their server is just completely 'Pathetic' on their part. Either they are using extremely weak server's or they just don't know what they are doing.. I have restored accounts using several different control panels and it does use alot of resources but never enough to 'crash' a server.
     
    ChrisMiller, Nov 19, 2009 IP
  7. Traffic-Bug

    Traffic-Bug Active Member

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    #7
    People are right... These contracts have fine print in them that say 'cant blame us for something that happened out of our control' 'its not in our hands; etc' It might take a lot of time and money to sue and win. Thats why stick with well-known hosts that take nightly backups by themselves. I am hosted with godaddy and hostgator and they are known to take decent steps to maintain their goodwill atleast for that sake.
     
    Traffic-Bug, Nov 19, 2009 IP
  8. nyxano

    nyxano Peon

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    #8
    If you have an SQL file, why not just recreate the database via your Control Panel, and import the SQL into that database? Then, on your web application - change the connection information to match the username, database name and password of the new database and you will be back up and running.

    I don't see what has to be *restored* in the traditional sense. You have the SQL file... recreate the database as if it was your first time doing it... but with the SQL file and data instead of starting with a blank database.
     
    nyxano, Nov 19, 2009 IP
  9. grawat

    grawat Peon

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    #9
    lol... their server crashes if people restore their database ? u really need to find a better host. I wouldn't host with such a company even if they offered it for free.
     
    grawat, Nov 19, 2009 IP
  10. phr0z

    phr0z Greenhorn

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    #10
    which hosting company is it?
     
    phr0z, Nov 19, 2009 IP
  11. Gizmoko.com

    Gizmoko.com Peon

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    #11
    Check their TOS and the "level" of the company. Alternatively, you can move to a better host like hostgator!
     
    Gizmoko.com, Nov 20, 2009 IP