10-15-2004, 01:19 PM
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Junior Guru Wannabe
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Join Date: Jul 2004
Posts: 36
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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
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10-15-2004, 01:24 PM
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Disabled
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Join Date: May 2002
Location: east coast
Posts: 64
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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.
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10-15-2004, 01:27 PM
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Aspiring Evangelist
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Join Date: Jun 2004
Posts: 372
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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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10-15-2004, 01:27 PM
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Junior Guru Wannabe
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Join Date: Jul 2004
Posts: 36
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so all depends on my SLA/TOS?
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10-15-2004, 01:42 PM
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iNET Senior Community Advisor
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Join Date: Jun 2001
Location: Kalamazoo
Posts: 31,240
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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.
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10-15-2004, 01:43 PM
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Web Hosting Master
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Join Date: May 2003
Posts: 1,148
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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.
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10-15-2004, 01:53 PM
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Superhero
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Join Date: May 2003
Location: Ottawa
Posts: 2,478
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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.
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10-15-2004, 02:27 PM
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Web Hosting Master
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Join Date: Apr 2001
Location: Montana USA
Posts: 673
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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!
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John Masterson
Former Hosting Company Owner
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10-15-2004, 05:01 PM
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Web Hosting Master
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Join Date: Aug 2003
Location: Twin Cities Area
Posts: 5,651
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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.
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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!
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10-15-2004, 05:09 PM
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Junior Guru
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Join Date: Jul 2003
Posts: 222
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Quote:
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.
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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.
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10-15-2004, 05:24 PM
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Web Hosting Master
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Join Date: Jan 2002
Posts: 1,031
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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.
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10-15-2004, 05:51 PM
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Junior Guru Wannabe
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Join Date: Aug 2004
Location: Texas
Posts: 96
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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.
__________________
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10-17-2004, 07:45 AM
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Web Hosting Master
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Join Date: Aug 2004
Location: AU
Posts: 690
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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.
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10-17-2004, 09:54 AM
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Web Hosting Master
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Join Date: Mar 2004
Location: Pennsylvania, U.S.A.
Posts: 1,579
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Quote:
Originally posted by Stacie
If you are located in United States you can get sued for almost anything.
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He does have a point there.
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10-17-2004, 09:59 AM
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Junior Guru Wannabe
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Join Date: Sep 2004
Posts: 76
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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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