Web Hosting Talk : Web Hosting Main Forums : Web Hosting : Gazzin.com: Is it legal that the hosting company deletes your files and wont respond?

[mikemontano]

Hi guys, I've been hosting my websites on gazzin.com for around 5 years now, but within the last 3 years, they have been messing with my databases and files without advice/warranty.

I've lost my community database for the third time in two years (a 500mb database) they have corrupted it once because they said they have changed the filesystem and they didn't even made a backup, so I lost database.

Similar situations happened afterwards.

The worst thing isn't just that, but the thing that happened just this last month. They have migrated the websites to another server, but they didn't make a backup, they only restored a one year old backup to the new server. The result is that I have lost all my websites files and databases. I've paid for the development of those sites (php+mysql) and I have to pay again to start from the scratch and work again with the databases to get them working. I have emailed them about that, and they agree to what they have done, but they wont respond to restore neither to compensate in any way for my loss.

Right now I have the only website that is working suspended without any good reason. Support email is unreachable, and ticket system is broken.

I don't really have much time to move websites yet, but I will do it for sure one of this days. But for now, I have a good question:

What do you guys think? can a legal action be taken against this? Or what should I do.

[SeriesN]

Originally Posted by mikemontano

Hi guys, I've been hosting my websites on gazzin.com for around 5 years now, but within the last 3 years, they have been messing with my databases and files without advice/warranty.

I've lost my community database for the third time in two years (a 500mb database) they have corrupted it once because they said they have changed the filesystem and they didn't even made a backup, so I lost database.

Similar situations happened afterwards.

The worst thing isn't just that, but the thing that happened just this last month. They have migrated the websites to another server, but they didn't make a backup, they only restored a one year old backup to the new server. The result is that I have lost all my websites files and databases. I've paid for the development of those sites (php+mysql) and I have to pay again to start from the scratch and work again with the databases to get them working. I have emailed them about that, and they agree to what they have done, but they wont respond to restore neither to compensate in any way for my loss.

Right now I have the only website that is working suspended without any good reason. Support email is unreachable, and ticket system is broken.

I don't really have much time to move websites yet, but I will do it for sure one of this days. But for now, I have a good question:

What do you guys think? can a legal action be taken against this? Or what should I do.

Why YOU Don't Have YOUR BACKUP?

[TravisT-[SSS]]

Originally Posted by mikemontano

Hi guys, I've been hosting my websites on gazzin.com for around 5 years now, but within the last 3 years, they have been messing with my databases and files without advice/warranty.

I've lost my community database for the third time in two years (a 500mb database) they have corrupted it once because they said they have changed the filesystem and they didn't even made a backup, so I lost database.

Similar situations happened afterwards.

The worst thing isn't just that, but the thing that happened just this last month. They have migrated the websites to another server, but they didn't make a backup, they only restored a one year old backup to the new server. The result is that I have lost all my websites files and databases. I've paid for the development of those sites (php+mysql) and I have to pay again to start from the scratch and work again with the databases to get them working. I have emailed them about that, and they agree to what they have done, but they wont respond to restore neither to compensate in any way for my loss.

Right now I have the only website that is working suspended without any good reason. Support email is unreachable, and ticket system is broken.

I don't really have much time to move websites yet, but I will do it for sure one of this days. But for now, I have a good question:

What do you guys think? can a legal action be taken against this? Or what should I do.

Always keep your own. Do they not take daily backups?

[mikemontano]

Originally Posted by SolidShellSecurity

Always keep your own. Do they not take daily backups?

No, they don't. I've asked that to them because it seems too obvious that they should make a backup for any movement they make to prevent this kind of things but they don't make backups. The only backup that I know of is the backup that they have made is around 10-12 months ago.

My question is that if they are allowed to do what not with your files/databases? I mean, it's their server, and they can modify and do what they want with it, but to me it's different thing to mess with the files of a customer, that's like going to a fast food restaurant and that a random employee (with a serious sickness) spit in your burger you know what I mean?

[Exerox]

From what I've read there's some pretty serious issues there, that kind of thing just shouldn't happen.

Have you tried to get them to be accountable for the trouble they've caused? No sign of compensation/discounts etc?

[KMyers]

Hello,
To answer your questions

You are legally responsible for all content. Most hosts will have a clause in their terms of service that will state that the host is not responsible for lost, damaged or missing files. In the case of Gazzin, they are putting it in their AUP

Gazzin Networks provides storage space and access for web sites through its Web Hosting services. In addition, dedicated accounts may provide for the hosting of web sites. Gazzin Networks will not routinely monitor the contents of your web sites. You are solely responsible for any information contained on your web site.

As far as not answering you, again, no Legal obligation, although it is a reason to start looking for a new host.

[shovenose]

You should keep YOUR OWN UPDATED BACKUPS - especially if the site is important to you and you paid for the development of the sites

[mikemontano]

Originally Posted by Exerox

From what I've read there's some pretty serious issues there, that kind of thing just shouldn't happen.

Have you tried to get them to be accountable for the trouble they've caused? No sign of compensation/discounts etc?

No, they didn't compensate in any way, judge for your self: when I have contacted them regarding that mess that they have done with my files/databases I was refusing to pay until it was fixed, the result was my account suspended. They only agreed that it was their fault, but they didn't fix the issue, because it was not possible, according to what they said. I've had to pay to get emails working again.

Originally Posted by KMyers

Hello,
To answer your questions

You are legally responsible for all content. Most hosts will have a clause in their terms of service that will state that the host is not responsible for lost, damaged or missing files. In the case of Gazzin, they are putting it in their AUP


As far as not answering you, again, no Legal obligation, although it is a reason to start looking for a new host.

Thanks my friend. I don't have a dedicated account, it's a shared reseller account.

[Dave Zan]

Originally Posted by mikemontano

can a legal action be taken against this?

Unfortunately legal action isn't cheap, and neither does it guarantee desired results.

Also unfortunately, pretty much every shared host has that in their contracts or so. Just save what can be saved, make backups, and move on.

[mikemontano]

Thanks for the advice guys. It's really frustrating when a service provider just wont do their job and you have to pay for that to keep working when you don't have enough time to change from service provider

[nexxterra]

most responsible providers make regular back ups, however, like us, we tell the client we do not! this then clearly places the responsibility on them as our tos states.
in an emergency or after making the client sweat and think about backing things up next time, will we then restore files from our back up!
if it is important to you, you need to take care of it... like anything in life!

[CrocWeb]

Originally Posted by mikemontano

Thanks for the advice guys. It's really frustrating when a service provider just wont do their job and you have to pay for that to keep working when you don't have enough time to change from service provider

Most hosts will migrate the accounts for you. If you had time to write up this thread, you should have enough time to find a new host and let them migrate the accounts for you. Once migration is done, all you have to do is update your nameservers.

Also, be sure to maintain your own backups.

[techjr]

Originally Posted by mikemontano

Thanks for the advice guys. It's really frustrating when a service provider just wont do their job and you have to pay for that to keep working when you don't have enough time to change from service provider

No offense but if they've done this 3 times and shown they don't have backups of your data, how-come you haven't decided to do it if your site is so important to you?

I also don't see anywhere on the site mentioning backups at all. They do not state they maintain backups anywhere. So I'm not sure why you are expecting them to have backups.


Legal action isn't going to work considering they never claimed they are responsible for your data(Although their TOS doesn't seem to mention not being responsible for it either). If you do decide to take legal action, they could probably just say it's not an important site or a non issue if you yourself haven't taken the steps to make sure your site is maintained and kept with backups.


You could probably move what data you have left in a single day. All it really takes is you clicking order on a new hosts website if they have free account migrations in place. You give them your login information and it would probably be completed within an hour or two. It would take less time moving than it would staying with them and going offline again.

[mikemontano]

Originally Posted by techjr

I also don't see anywhere on the site mentioning backups at all. They do not state they maintain backups anywhere. So I'm not sure why you are expecting them to have backups.

Yes, I had to make a backup before, but, what I think it's an irresponsible action is that they make things like moving accounts to other servers and leaving files/databases behind, or maybe when they make changes to the file system, in that case, they should state in their website "Today you have a website, tomorrow you may not, no warranty, that's us" I hope that they publish that on their website just to be sure before trusting my information to a hosting service provider. I mean, I don't think I ask for too much, It's just that I think I have the right to have a good service, that would be possible if they ask the unix people to do their job in a proper manner.

Regards