Hosting company doesn't want to give files back

Discussion in 'Legal Issues' started by Thomas H., Oct 30, 2009.

  1. #1
    Hello,

    2 weeks ago I put a site on the server of a large hosting company. Yesterday they deleted the site, account and refunded my money without any notice up front. My site was hacked by another site unfortunately....

    In their email they say I can get my files back if I react within 10 days. However, I talked to them and they tell me they are NOT going to give my files back. They don't want me to bring the infected files to another hosting company. They don't even give me the change to clean the files.

    This doesn't sound legally correct. Can someone advise me?

    Thank you in advance!

    Regards,
    Thomas
     
    Thomas H., Oct 30, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Review your hosting agreement. Usually backups are your responsibility, not theirs.

    It's not going to be worth taking legal action even if you are in the right. You would incur large legal expenses to recover files that probably aren't worth thousands or tens of thousands of dollars.

    I would try to work with them, not threaten them - they are probably legally protected and know it.

    You should always keep backups of any files you host.
     
    mjewel, Oct 30, 2009 IP
  3. blue_angel

    blue_angel Well-Known Member

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    #3
    Look at TOS but usually and general WEBMASTER are responsible about backup Backup is extra service and charged separate
     
    blue_angel, Oct 30, 2009 IP
  4. DubDubDubDot

    DubDubDubDot Peon

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    #4
    Exactly what kind of site were you running and who was the hosting company?
     
    DubDubDubDot, Oct 31, 2009 IP
  5. anhox

    anhox Peon

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    #5
    agree with this one..guess its the best way then..
     
    anhox, Oct 31, 2009 IP
  6. Thomas H.

    Thomas H. Peon

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    #6
    Hello,

    Thank you for all the advises, I am already working with them etc.
    Haven't threaten them.........

    It is a forum site by the way and the name of the hosting company I will reveal later....

    Regards,
    Thomas
     
    Thomas H., Oct 31, 2009 IP
  7. surbjit

    surbjit Guest

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    #7
    I agree i have fear of this and automaticly back up files every 6 hours.
     
    surbjit, Oct 31, 2009 IP
  8. wptheme

    wptheme Well-Known Member

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    #8
    Try to resolve with the company first and avoid adding the name here until then as DP is a Google freak robot place.
     
    wptheme, Oct 31, 2009 IP
  9. megamoose

    megamoose Well-Known Member

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    #9
    Learn from this. In future always backup your site. It's your responsibility to back up your files (in most cases anyway), and it's just good practice not to rely on someone else to look after your stuff. I trust no one :p

    Sounds like you're working with the company and they're being helpful, which is great. Good luck!
     
    megamoose, Nov 1, 2009 IP
  10. India_Enchanter

    India_Enchanter Peon

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    #10
    Next time read the TOS.
     
    India_Enchanter, Nov 4, 2009 IP