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View Full Version : Court order...


SH-Dave
12-14-2009, 12:09 PM
Well it appears my provider has been disconnected due to non payment and the DC is telling me that i need a court order or sepena to stop them wiping the data, due to be done on wednesday.

Any advice or know where i can get one?

David

AL-Benjamin
12-14-2009, 12:25 PM
Depends which location - but either way you really need a solicitor / attorney to submit an application on your behalf to the reciever (which in this case would be the DC).

rghf
12-14-2009, 12:30 PM
Is this colocation or rented dedicated servers?

SH-Dave
12-14-2009, 12:38 PM
i belive that the company im with is co-lo

its hosted with softlayer

njoker555
12-14-2009, 12:40 PM
Colocation is when you physically take the server to the DC and host it there - but it sounds like you're on a dedicated server. If you were colocating you should have been able to retrieve the machine easily.

I'd also suggest you contact a lawyer and have them contact the DC directly. It will cost you some money but it will save you a great deal of headache.

Good luck.

SH-Dave
12-14-2009, 12:41 PM
ive got a VPS with the provider, whom i believe is Co-Lo with the DC

njoker555
12-14-2009, 12:43 PM
Ah. That's a whole different story. You're not colocating directly and you're not renting the entire server. Just a portion. Your best bet would be to speak to a lawyer and have him contact the DC. I'm not sure how a court order would help you with stopping them from wiping the entire server since you only pay for a portion of it and you don't pay the DC directly.

Have you tried asking them to give you a backup of your data only?

SH-Dave
12-14-2009, 12:51 PM
i have asked and they have said they have said


We do not have access to your data, and such
access can only be provided by the client and/or we would need to be
provided with a preservation order or other valid court order or
subpoena.


its onyl the database backup that i need

AL-Benjamin
12-14-2009, 12:57 PM
I take it they wouldn't just plug you in for an hour so you can do a quick download?

SH-Dave
12-14-2009, 02:25 PM
I take it they wouldn't just plug you in for an hour so you can do a quick download?

if anyone knows of any sources at softlayer, then please try see what you can do...
all i need is a mysql backup

david

AL-Benjamin
12-14-2009, 03:31 PM
have you rung them?

SH-Dave
12-14-2009, 03:54 PM
talking to support but apparently they can only deal with their client, and not me

AL-Benjamin
12-14-2009, 03:59 PM
Looks like its going to have to be a solicitor mate :(

SH-Dave
12-14-2009, 04:09 PM
got 24 hours apparently :(

fava
12-14-2009, 04:10 PM
It would probably be cheaper for you to pay your providers bill rather than pay a lawyer.

SH-Dave
12-14-2009, 04:14 PM
only the provider is able to pay the bill according to the DC, and in full
i believe they have numerous servers as well

GigeWeb
12-14-2009, 04:14 PM
The reason why they said you will need a court order is because they know that your not going to be able to get one in that amount of time. It could take an attorney two days just to file the paperwork then a few more for the courts to view it. Good Luck. Also remember to backup your stuff. I personally cannot stress this enough.

SH-Dave
12-14-2009, 04:16 PM
yep learning from mistakes....

irony is i was setting up a backup solution this morning, just too late
Epic fail me lol

Dvaid

GigeWeb
12-14-2009, 04:19 PM
yep learning from mistakes....

irony is i was setting up a backup solution this morning, just too late
Epic fail me lol

Dvaid

If you use cPanel on your VPS, may want to check this out: http://www.webhostingunleashed.com/cpsitesaver/

SH-Dave
12-14-2009, 05:01 PM
Thanks for that link

I think ill be setting that up on a local server asap

:)

oliviakitty
12-14-2009, 05:57 PM
Sorry to read about your experience.
One thing you learn early on at WHT is <i>back up, back up, back up</i>.

SH-Dave
12-14-2009, 07:25 PM
well having spoken to softlayer support, im very pleased and happy to let you know they have given me access to the server, and i have managed to get the important stuff off.

I would like to personally thank Michael Laude who went above and beyond in terms of support, and had to put up with a very annoyed me as well

David

njoker555
12-14-2009, 07:29 PM
well having spoken to softlayer support, im very pleased and happy to let you know they have given me access to the server, and i have managed to get the important stuff off.

I would like to personally thank Michael Laude who went above and beyond in terms of support, and had to put up with a very annoyed me as well

David

that's good to hear :) Kudos to softlayer.

I'm just curious, who was your provider? I'm pretty sure you weren't the only person affected by this.

SH-Dave
12-14-2009, 07:30 PM
http://www.webhostingtalk.com/showthread.php?t=911671

njoker555
12-14-2009, 07:33 PM
Ah. They have been up for a while but it seems like they have been going through a rough patch - I've been following the thread here: http://www.webhostingtalk.com/showthread.php?t=897512

SH-Dave
12-14-2009, 07:35 PM
to be honest its very sad

they were a fantastic company, i stood by them for a very long time

njoker555
12-14-2009, 07:37 PM
Yeah it is sad. Wonder what's going on with them on the interior. Losing an entire server due to non-payment isn't a good sign for any company.

SH-Dave
12-14-2009, 07:40 PM
i woudl assume its more than one, since the SI site was on a different one as well

njoker555
12-14-2009, 07:42 PM
ah. I'd expect something like this from companies just starting out with 14 year old owners but not from an established company like SI.

Hopefully you find a more suitable host for your site now since you have your stuff back. Look to the future, the past will only annoy you.

SH-Dave
12-14-2009, 07:46 PM
well im with burst.net now, so direct with a datacenter for a start

david

Nnyan
12-17-2009, 02:02 PM
Glad to see you got your data, I hope you learned your lesson here and NEVER put anything of value on a server UNTIL you have a working and tested backup. Good luck with Burst!