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  1. #1

    Can client sue me?

    Hi,
    Few days ago i had problems with my hosting due to Burst errors.
    Can my hosting clients sue me for 4-5 hours downtime?

    Thank you,
    Alexdio

  2. #2
    Join Date
    May 2002
    Location
    east coast
    Posts
    64
    That depends, I guess.

    I can't imagine that you could be in trouble there, but I don't know what your SLA/Terms of service states.

  3. #3
    Join Date
    Jun 2004
    Location
    New York, NY
    Posts
    372
    You came here for legal advise? Go ask your lawyer. If you are located in United States you can get sued for almost anything.
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  4. #4
    so all depends on my SLA/TOS?

  5. #5
    Join Date
    Jun 2001
    Location
    Kalamazoo
    Posts
    32,869
    Could be.

    If you're just worried about the possibility; don't. Because, as has been mentioned, you can be sued for anything. Doesn't mean the other party would win. But, you can be sued.

    So, to answer your question; yes. The client can sue you.

    Can they prevail? Ask your attorney.
    .
    There is no best host. There is only the host that's best for you.

  6. #6
    nowadays, anything is possible. They can probably create a case.
    Will they be victoriious? I don't know.
    Last edited by datums; 10-15-2004 at 01:46 PM.
    Datums Internet Solutions, LLC
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  7. #7
    Join Date
    May 2003
    Location
    Ottawa
    Posts
    2,478
    I can't seem to find any terms of service on your site. It all comes down to whether or not you've covered yourself in your terms, which appears to be non-existant.
    Webmaster Forum • webmastertalk.net • Webmaster Community Forum
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  8. #8
    Join Date
    Apr 2001
    Location
    Montana USA
    Posts
    673
    Anyone can sue anyone for anything in America.

    Whether their suit is thrown out of court is another matter, and you'll still need to expend resources to defend against it.

    But you definitely need a TOS/SLA that protects you!
    John Masterson
    Former Hosting Company Owner

  9. #9
    Join Date
    Aug 2003
    Location
    Twin Cities Area
    Posts
    5,651
    a TOS/SLA which does not stand up legally will not protect you at all.

    big myth floating around here is that you can make up any terms you want and they will be enforceable in a court of law.

    actually quite the opposite is true.
    if you haven't considered chapter 7 bankruptcy, maybe you should.
    eliminate your debt, keep the property you want, most people qualify.
    contrary to popular belief - no attorney is necessary!

  10. #10
    Originally posted by LaurenStephens
    big myth floating around here is that you can make up any terms you want and they will be enforceable in a court of law.
    i know in many states (like here in NC) it will be accepted as your legally binding agreement with the customer about the service you provide. and it is not important how it is written or by whom.

    alexdio, yes you can be sued. i doubt that would happen though. not for 4-5 hours of downtime.

  11. #11
    TOS/AUP/SLA are important. Having customers accept the terms outlined in those documents is very important.

    That is all I have to say here.

  12. #12
    Join Date
    Aug 2004
    Location
    Texas
    Posts
    96
    First of all, you should really get yourself a TOS/AUP type of document. As far as the client is conserned, just tell them you will give them credit towards next month. If that fails, kindly remind them that it can cost hundreds to thousands to go to court, and they are better off taking the refund.

    Things like this happen all the time to ecommerce businesses. It usually turns out to be a hothead behind his computer just typing, and he will never go past that.
    MetricHost :: High Quality Affordable Web Hosting Solutions
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  13. #13
    Join Date
    Aug 2004
    Location
    AU
    Posts
    690
    So many americians sue people in america, its unfair. I am with Josh Stein, if you don't have those documents, you can be sued.

  14. #14
    Join Date
    Mar 2004
    Location
    Pennsylvania, U.S.A.
    Posts
    1,579
    Originally posted by Stacie
    If you are located in United States you can get sued for almost anything.
    He does have a point there.
    Golden Globe Hosting | It's Time To Get Online.
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  15. #15
    Join Date
    Sep 2004
    Posts
    76
    Out of interest, how much does he want to sue you for 4-5 hours downtime? surely it wouldn't be worth his time

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