Web Hosting Talk







View Full Version : Grounds for a lawsuit?


dtfusion
02-26-2002, 02:27 PM
My friend tells a story...

he realized that their service is bad and decided to switch to a better server on march 1st. he let them know yesterday, that he'd be changing at the end of the month and that they should make sure not to close his accounts because it would cause downtime for his clients. they agreed to host everything until the 1st as planned.

less than six hours later they closed down all his accounts. so 5 of my domains went down as well. my email, my company's email...

my business came to a grinding halt this morning because of this and it's still that way. i haven't been able to warn any of my clients.

So essentially his host shut down his business, e-mail, 5 domains, deleted all the files on those 5 domains, and he even prepaid his hosting for a year for those 5 domains. His clients (he's a webdesigner) all have no idea what happened, and are getting mad. When he threatened the host with a lawsuit he said:

If this ever get's to court, I'll eat my hand. But thank's for giving us all a chuckle here.

Do you think he has grounds for a lawsuit? Thanks everyone!

Chuck

TMX
02-26-2002, 02:37 PM
Originally posted by dtfusion
My friend tells a story...



Do you think he has grounds for a lawsuit? Thanks everyone!

Chuck

Anything can be "grounds for a lawsuit". Does he have the basis of a successful lawsuit? Possibly. Yoiur friend needs to take a copy of the host's aup, terms and conditions, whatever agreement was made between the two parties in question, as well as copies of any communications took place between the two parties (paper or email) to a lawyer for a real opinion.

-Bob

cassiusking
02-26-2002, 04:30 PM
...found this...maybe it'll help you out:

Ask-A-Lawyer volunteers are available from 1 p.m. to 5 p.m. on Mondays, Tuesdays, Wednesdays and Thursdays and from 9 a.m. to noon on Fridays. The Bar has future plans to expand the service online through its Web site www.scbar.org.

Ask-A-Lawyer allows people to ask lawyers questions about divorce; wills; employment problems or other legal issues. Information explaining how the court system works or about private or nonprofit organizations that may be able to help them is also available.

To speak to an Ask-A-Lawyer volunteer, callers should dial 1-888-321-3644.

mindboggle
02-26-2002, 04:35 PM
What "host" are you talking about?

hitspot
02-26-2002, 07:06 PM
Hi,
Sorry for your friend's experience- such experiencies are all too common with so many unprofessional web hosts. I'm not a lawyer, but I would think that although you have grounds for a lawsuit - the expenses involved would make it pretty risky and not worth the trouble.
(Unless you want to do it just for the priciple of it).

Good luck,
DK

The Prohacker
02-26-2002, 07:35 PM
It all depends why.....


If the host can give a resonable explaination of why they broke the new contract to host till the 1st, it won't stand up... Such as, we agree to host your page, but then find out you are hosting an illegal site, I have grounds based on my AUP/TOS to terminate your account, and not give you your files... Like everyone else has said above, contact a lawyer with all the information, really, your friend has too....

dside443
02-26-2002, 07:43 PM
Lots of TOS's have a clause that prevents them from having any liabilities in causing damages to your business. :(