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Thread: Best way to sue Servage
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07-22-2009, 09:45 AM #1Newbie
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Best way to sue Servage
Hello,
I am a customer of Servage for more than 3 years. During those 3 years, I had many problems with them:
- They published my personal data (personal phone number, personal address of my house, …) on WHOIS instead of my company data. They took 3 months to update the correct data despite my daily messages.
- Their servers were hacked 3 times so my website got “defaced” 3 times. They first accused me and then they admitted that their servers were hacked and many customers were concerned.
- I had many technical problems: website down, SMTP server down, FTP server down, … In fact, their website (servage.net) is down quite often!
- I now have a message on the index of my website saying “suspended for non payment”. My credit card was stolen 3 weeks ago and I didn’t have the time to update it in the Servage Control Panel. It’s done now and I paid the balance but the message is still there for 3 hours despite my numerous messages to their support team. Servage never informed me that a payment was due and they were going to publish such a bad message for our company’s image. They are now VERY slow to correct their mistake.
I have some time and a very handy lawyer I can use to sue Servage. I was planning to do that for a while so I accumulated all proofs (website screenshots, support conversations, …) during those 3 years. My lawyer is quite confident with the issue of this trial given all the bad things that happened to us with Servage.
Did anyone here sue Servage before? What do you advise me to get the highest compensation for damages caused by Servage?
Thanks in advance for any help
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07-22-2009, 09:51 AM #2Greece
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I am sorry you had all these troubles.
I have seen some posts here from other servage customers having similar issues.
But, wouldn't it easier to just move when problems started? Why you keep using their services for so long?
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07-22-2009, 09:57 AM #3Disabled
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Yoy have been having troubles with them for the almost 3 years with them but you still with them. You are extra loyal customer then. anyways there is should be the other part of the story which could spotlight this story in full
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07-22-2009, 09:59 AM #4
Why ask us when you already have legal counsel?
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07-22-2009, 09:59 AM #5Newbie
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Hello CretaForce and thanks for your quick answer.
Seeing the situation now, you are probably right; I should have left Servage for a while. The reason I stayed is because they moved my website to other clusters after having big problems. I was then confident I would be OK but I was obviously wrong.
Did you hear about any other customer suing them? I will now leave Servage but I want them to pay for all what they did.
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07-22-2009, 10:05 AM #6Web Hosting Evangelist
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I will now leave Servage but I want them to pay for all what they did.
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07-22-2009, 10:05 AM #7Web Hosting Master
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You won't be able to sue them. Don't waste your money
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07-22-2009, 10:05 AM #8Disabled
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Did you hear about any other customer suing them? I will now leave Servage but I want them to pay for all what they did.
Good luck
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07-22-2009, 10:07 AM #9Web Hosting Master
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You wont get anything sueing a $6.95 per month host, in compensation what would you get? a proportional of the 3 hours of downtime? maybe less than $1.
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07-22-2009, 10:16 AM #10Newbie
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Thanks all for your answers.
I know I should have left them way before. I was upset every times my website was down but when it was up 1 or 2 hours later and I was snoozing to leave them to another date and so on…
I don’t plan to sue them for the down times. This is a very cheap host and the SLA doesn’t guarantee the uptime. I want to sue them because:
- They published my personal data (personal phone number, personal house address) to the WHOIS database. This data was the second result if you searched our name on Google. We are a commercial website and I had plenty of people calling me on my personal phone outside the office hours because of Servage. I informed them immediately but they took more than 3 months to fix it.
- They are now publishing a message “suspended for non-payment” on my website while I don’t owe them anything. In this financial crisis, customers and suppliers will think we are another company that can’t pay their debts while we don’t owe anything to Servage (the stolen credit card was replaced and the balance was has been paid)
My lawyer knows the law but I am asking if anyone already sued them because I might get useful pieces of advices from people who were in my situation.
Thanks in advance for any help
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07-22-2009, 10:18 AM #11Web Hosting Master
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Again, you're not going to be able to sue them.
Have a good day.
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07-22-2009, 10:21 AM #12Rockin' the beer gut
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From what I can see, your case is far far far from being lawsuit worthy. Don't waste your time.
AS395558
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07-22-2009, 10:21 AM #13Web Hosting Evangelist
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The whois info lists the information given by you when purchasing the domain on your acct.
You would have to ask them why they suspended the account as it is pure speculation on your end.
I still believe the best way to vote for a host is with your pocketbook. Trying to sue someone over the matters above is a lost cause and will only cause you to waste time and money in my opinion.
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07-22-2009, 10:24 AM #14Disabled
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07-22-2009, 10:25 AM #15Web Hosting Master
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If you have a lawyer then you don't need to ask here.
Easy.
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07-22-2009, 10:32 AM #16Newbie
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07-22-2009, 10:35 AM #17Web Hosting Master
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The lawyer expenses are only included if you win, which you won't.
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07-22-2009, 10:42 AM #18Disabled
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07-22-2009, 10:46 AM #19Newbie
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Thanks for your thoughts. I am really hesitating now because most of you advise me to give up. Servage published my personal data without my agreement and I can proof that. That is illegal.
Considering your messages, I’ll ask the lawyer if he can take this case “on result” (it means I wouldn’t pay anything if I loose).
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07-22-2009, 10:53 AM #20Web Hosting Master
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Good Luck, time to close this thread!
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07-22-2009, 10:55 AM #21Web Hosting Master
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Has your lawyer actually sat down and looked over the terms of service you agreed to? Discussed sections and things where you limited their liability? Even if you win... you're looking at about winning $252. I can't imagine your lawyer taking up your cause for a percentage of that.
The question to ask is not who has sued who... but who has done so and won. Your replies will be quite non-existant. The short version of this is simply as stated "Don't bother".
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07-22-2009, 11:05 AM #22Retired Moderator
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They are now VERY slow to correct their mistake.
If getting everything up and running (and getting that unpleasant message off your site) is that important to you, and you have access to control your domain name (change nameservers), just change hosts and put up a message that you're under maintenance.
As for the suing thing, you need the advice of German lawyers. It is doubtful that the effort will be worth it.
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07-22-2009, 11:33 AM #23Newbie
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- “Lightwave”: yes we reviewed the Terms and Services. It is not written they would publish my PERSONAL data without my agreement. Also, it is not written that they would publish a message such as “suspended for non-payment” in case there is a problem with the credit card.
- “ldcdc”: They host my email addresses so they would know if there was a problem! Also I have no control of my website at present (FTP doesn’t work). I asked them to replace the message with a “maintenance message” this morning but they didn’t do it until now.
Anyway, thanks all for your answers (I didn’t expect so many quick answers!). I’ll wait for the reply from the lawyer to make the right choice.
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07-22-2009, 11:39 AM #24Disabled
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07-22-2009, 11:40 AM #25Web Hosting Evangelist
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They have every right to suspend your account, you were late, by your own words, in paying. How is it their fault it takes you over 10 days to get a new cred card because your old one was stolen; you even did not communicate this with them - I bet if you had they would have given you the time.
If this website is commerical in nature, why are you paying by your own credit card? When signing up you supplied them with the information for whois and the name on the credit card probably supported their decision.
Quiet frankly, you have little chance of winning. What amount are you going to sue because of the whois error, which seems to be your mistake. It seems their email had problems, if this was soo important, why not call, email different department for help because they aren't replying in the other email, or use their ticket system.
If your lawyer is telling you he can win, or he guarantees this, seek new counsel. No lawyer can guarantee or predict anything. Anything can happen, this is taught in first year law.
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