Have anyone have sue a hosting company before?

Discussion in 'Legal Issues' started by gmchun83, Apr 9, 2009.

  1. #1
    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..........
     
    gmchun83, Apr 9, 2009 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    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.
     
    Dave Zan, Apr 10, 2009 IP
  3. hostlonestar

    hostlonestar Peon

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    #3
    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.
     
    hostlonestar, Apr 10, 2009 IP
  4. Essociate

    Essociate Peon

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    #4
    a friend of ours had his co-lo shut him down and he sued the piss out of them and won.
     
    Essociate, Apr 10, 2009 IP
  5. Reviewz

    Reviewz Peon

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    #5
    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.
     
    Reviewz, Apr 11, 2009 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    Hmm, curious of that case. Can you perhaps PM some details so I can learn?
     
    Dave Zan, Apr 11, 2009 IP
  7. dscurlock

    dscurlock Prominent Member

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    #7
    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...
     
    dscurlock, Apr 11, 2009 IP
  8. hostlonestar

    hostlonestar Peon

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    #8
    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.
     
    hostlonestar, Apr 12, 2009 IP
  9. chandan123

    chandan123 Prominent Member

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    #9
    normally you can't sue them easily :D

    because you are agreed to their TOS while signup and which they must have written for their own benefits
     
    chandan123, Apr 12, 2009 IP
    wisdomtool likes this.
  10. bunbunx2

    bunbunx2 Peon

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    #10
    yes i think u cant sue them easily with their TOS. saying they hold no risk to your data with them.
     
    bunbunx2, Apr 22, 2009 IP