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Can Legal Action Be Taken Against Webhost If They Steal Client Files?

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  #1  
Old 01-21-2011, 08:08 AM
dezinerite dezinerite is offline
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Can Legal Action Be Taken Against Webhost If They Steal Client Files?


Somehow, I've been locked out of my webhost's cPanel and they refuse to answer any of my support tickets & emails. I know that they are literally ignoring me. My sites are down and I am losing money because of this. I know that I have not broken any of the rules.

That said, I have been nice to them up until now (downtime: 2 weeks). Their site is up and they stopped correspondence when they figured out that they couldn't figure out why my sites are down.

Can legal action be taken against a webhost that steals client files/websites?

Thanks.

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  #2  
Old 01-21-2011, 08:15 AM
EmuHost-Pete EmuHost-Pete is offline
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well it depends on where you are. Technically yes you could, BUT is it worth it? most likely not.

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  #3  
Old 01-21-2011, 08:53 AM
Hydro_Host Hydro_Host is offline
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Yes probably. Read the TOS of your host though, check they have not put anything in there.

But yes, If it violates copyright you will be able to take legal action.

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  #4  
Old 01-21-2011, 08:55 AM
GGWH-James GGWH-James is offline
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I do not believe that the OP if referring to 'stealing' as in the host took and is using their files. Rather, I think that they simply mean tthat he host has suspended access to said accounts/files/sites for whatever reason(s).

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Last edited by GGWH-James; 01-21-2011 at 08:59 AM.
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  #5  
Old 01-21-2011, 10:33 AM
GSalam GSalam is offline
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Quote:
Originally Posted by GGWH-James View Post
I do not believe that the OP if referring to 'stealing' as in the host took and is using their files. Rather, I think that they simply mean tthat he host has suspended access to said accounts/files/sites for whatever reason(s).
That said, although they might have really suspended (said) accounts, the account holder deserves a formal letter informing him of the suspension and the reason why that action was taken.

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  #6  
Old 01-21-2011, 01:24 PM
dezinerite dezinerite is offline
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Hi everyone, thanks for your replies I really appreciate them.

My webhost did not suspend my account, I have not been involved in any fraudulent activities as far as I know.

What happened is this: my sites were experiencing downtime and my webhost can't seem to figure out why. Now, if they needed more time to figure it out then by all means take some time. But they have decided to ignore my emails and literally delete my support tickets!

I told them that I need one of my domains online asap (this domain is what allows me to pay my hosting + domains). I have another host, so my idea was just simply taking the files and uploading them on my other host until my reseller account is back up.

As they are ignoring me completely, even when I've asked for my files (I have paid for this month's hosting - I deserve access to my cPanel account but I don't!) I take it that my files have been "stolen".

Please note that I will have to announce which host this is here in this forum if they continue to ignore my emails. If they are indeed scam artists of some kind they should be publicly revealed. I don't want anyone to go through what I'm going through.

As for legal action, I will study their TOS and speak to my lawyer about this. It's funny how some incompetent webhosts can really mess up someone's online business. They only lose one client and a few measly dollars a month, but we as customers lose everything we've worked so hard for.

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  #7  
Old 01-21-2011, 01:30 PM
CyberHostPro CyberHostPro is offline
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Hi

They deleted your support tickets??? would you be willing to name this so called hosting company? Thats really bad!

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  #8  
Old 01-21-2011, 01:35 PM
jwebhost jwebhost is offline
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I don't see why you should fear naming and shaming the company. After all, the internet is now considered as Platform of freedom of speech.

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  #9  
Old 01-21-2011, 01:37 PM
Pushkar P Pushkar P is offline
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Quote:
Originally Posted by dezinerite View Post
They only lose one client and a few measly dollars a month, but we as customers lose everything we've worked so hard for.
Please let us know who you're hosted with, and maybe this is a warning to all that buy cheap hosting and expect a working service.

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  #10  
Old 01-21-2011, 01:58 PM
dezinerite dezinerite is offline
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@Pushkar P - "Cheap" is subjective. I'm paying average rates for my reseller account. Besides, the cost is not the point and it's not fair to say that all cheap hosts are bad. There are some pretty decent hosts out there who offer affordable packages. My situation was created by a bad PERSON, not necessarily a bad host.

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  #11  
Old 01-21-2011, 02:17 PM
Rapid2214 Rapid2214 is offline
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I wouldn't they they 'stole' you files... Unless you see an exact mirror going up

But this is wrong... Have you tried calling them? Do they have live support?

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  #12  
Old 01-21-2011, 02:22 PM
TmzHosting TmzHosting is offline
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dezinerite,

Welcome to the forums. I am assuming you do not have backups? I think you should post the company's name here, because once they see that their name is out in public they might reply and get you your data back.

Hope you get this resolved soon.

- Daniel

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  #13  
Old 01-21-2011, 02:25 PM
MikeDVB MikeDVB is offline
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You can take legal action but you very well may be limited by the Terms of Service of the provider if it's properly drafted. Many think that a Terms of Service cannot be enforced but as long as it's got no provisions that are against the law and they can demonstrate that you agreed to it on signup it very well can be enforceable.

You would certainly want to talk to an attorney before taking an action. Beyond that - who is the provider?

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  #14  
Old 01-21-2011, 02:31 PM
dezinerite dezinerite is offline
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I'm sorry...I'm just very frustrated about this situation. My files mean nothing to them so I just don't understand why they won't let me just have them. You're right, perhaps the term "stolen" is not entirely accurate. But they have changed my cPanel password, restricting my access to my files and database.

Their "live support" is always offline. But I know that they are online because I initiated a Paypal chargeback for this month's hosting fees and they actually responded to Paypal. I only got the notification from Paypal that they have responded and my case is being processed. Obviously I don't care about the chargeback, I only did it to see if they're still alive on that end...no surprise they are.

That said, going back to the chargeback - I'm paying less than $10 a month for my reseller account. Surely any good webhost would want to maintain their credibility by just giving the customer their money back as my sites have been down for 2 weeks already and I've incurred financial loss. More proof that I'm dealing with a scammer.

As for backups...unfortunately I don't have the latest backups. Normally an issue like this would not bother me much because I still have access to my domains and I normally keep backups. But for the past few months I've been unable to download my backups due to horrible internet connection.

If my webhost had accidentally lost my files or if they were down permanently I would understand. I really would. Accidents happen. But their sites are up, and they are not even replying to my emails. They are doing this on purpose. I have not even used bad language in my emails, so I really just don't understand why they are being so nasty.

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  #15  
Old 01-21-2011, 02:44 PM
Rapid2214 Rapid2214 is offline
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Approach the company as a new customer... See if they respond then

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