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  1. #1

    I want to sue one of well known DC!

    Couple of days ago somehing impossible had happend.
    Staff one of well known DC formatted our sever with out any warnings and any reason.
    We looking for lawyer who want to represent us
    Something about server which was formated
    Dual xeon 2,8; raid 5 6*73 SCSI
    Hosted accounts 770
    Hosted national domains 277
    Hosted other global domains 150
    Hosted named zones about 1300
    Oficial interpreting of their fault is
    "There was a clerical error with serial numbers, and the machine next to yours requested reload" - os reload

  2. #2
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    Who was the provider out of interest?

    They will likely be covered for this by their TOS.

    To be honest you'll cause them more damage by giving them a bad review and spoling their reputation than you will by sueing, which you likely wont get much out of anyway.
    Last edited by dkitchen; 04-23-2005 at 04:51 PM.

  3. #3
    1. If your really wanting to sue a provider then by posting this here you are not being very professional about it
    2. Yes, its not good that your server has been formatted but perhaps you should contact the provider in question to see if you can get some sort of free credit
    3. You want to check their TOS, they may be covered against such things happening
    4. Wont you actually be loosing money by putting a case together?

    Not meaning to be rude, but if this has happened you may be better off just moving... surely you have created backups?

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  4. #4
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    Your lawyer fees will probably cost more than any award judgment as most DC's are limited in liability in the TOS.

    If it is so valuable it should have been back up.

    Probably not the answer you were looking for.

  5. #5
    The planet most likely
    ^_^

  6. #6
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    That looks like one of the servers from ThePlanet. Francisco seems correct.
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  7. #7
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    Messed up format yeah it's the planet.
    Patron: I'd like my free lunch please.
    Cafe Manager: Free lunch? Did you read the fine print stating it was an April Fool's joke.
    Patron: I read the same way I listen, I ignore the parts I don't agree with. I'm suing you for false advertising.
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  8. #8
    Idiots. I shouldn't say that but more and more I'm seeing TP exude sheer incompetence.

    Good luck with the lawsuit. It's not the best idea to come in here and talk up pending litigation but the info is appreciated.
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  9. #9
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    Originally posted by ZeonFx.com
    That looks like one of the servers from ThePlanet. Francisco seems correct.

    Seems, but not actually posted by the original poster. Kind of jumping the gun here. Not a ton of info posted here yet.
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  10. #10
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    It's quite simple. To sue them you would need to show your data had value, but as it appears you don't have off-site backup it is evident that the data either had no value or that you were negligent in not backing up the highly valued data. If you do have a backup, then just put the data back and you're only out a couple hours of downtime, which I'm sure they would refund you something for.

    I'm not saying what they did was acceptable, it is completely unacceptable. I just don't think you have a case in a lawsuit.
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  11. #11
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    The original poster didn't even suggest it was TP...

  12. #12
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    TP formatted us twice "by accident".. And is the reason we stopped doing business with them 2 years ago.. By the looks of it they haven't updated their gameplan very much..

    Sorry to hear about it szym. Best of luck.

  13. #13
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    Originally posted by X-Gaming
    TP formatted us twice "by accident".. And is the reason we stopped doing business with them 2 years ago.. By the looks of it they haven't updated their gameplan very much..

    Sorry to hear about it szym. Best of luck.
    You guys are scaring me. Between duplicate charges a few times and reading this, I'm not sure if I should move on!

    *DavidL Looks for some offsite backup
    Dave

  14. #14
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    First off, things happen... people are just human, mistakes can happen. Second, most datacenters state in their TOS they are not responsible for lost data. which means you will lose your case. third you should have had offsite backups.
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  15. #15
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    Make no mistake about it companies like TP are only in the business of making money..

    For example recently TP started a game server branch which in effect took a whole lot of business away from their own customers.. The funny thing is when they were putting it together they swore it was something else entirely and enlisted the help of many of their forum regulars (customers) developing the project keeping them in the dark about what the project actually really was until it went online..

    So you can form your own opinion on what they hold 'sacred' cause it's not you my friend.

  16. #16
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    Xgaming don't wanna sound harse but point out one company that is not in it Only For The Money?


    There servers look's more to resellers than to gamers it self as their CP install many many games and also they have fast hard drive (much faster but smaller) than SM our TP. (For multi. games on one server something most resellers due)

    Going back to the topic,

    You can try to sue than but that does not mean you will win.

  17. #17
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    This happened to me with Server Beach. I now have 2 months free of a $216/month server

  18. #18
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    other DCs replace the disk with newer reload disk instead of formatting and when something like this happen they can just put the old disk back.

    once i requested to format a box at XYZ DC and they formatted the wrong box and when i asked you did format the wrong box and i was like CRAZY they just placed the old disk back and went to format the correct disk (it was their mistake because choosing the IP in the members area was pointing to wrong hostname)

    whatever DC it is they surely did something wrong and need to be sued/blamed for this
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  19. #19
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    reformatting?

    You would think that many datacenters would be *extra* careful about reformatting customer machines. I often hear that the larger DC's (server farms) which have high turnover have this problem. In our case, we double- and triple check the server in question, and even login to it just to be sure we have the correct box before it's reimaged.

    Mistakes like this simply should not happen. DC's should understand that customer data could have value. So as long as the client pays their bills and is on good terms with their provider, formatting the "wrong" box is no excuse, no matter how many machines they have.

  20. #20
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    This is the weirdest thread I have ever read. The original poster made ONE post, not mentioning the name of the DC, and never replying to clarify. Some other yahoo said it must be 'the planet' and the rest of the responders wrote on the assumption that it was.

    Strange. It could have been any DC in the world, people. Just because someone's name is mentioned speculatively in a thread doesn't make it the truth.

    Sheesh!

  21. #21
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    Well can you expect anything less from $9 per hour roaming retards?

    (Thats DC slang for Jr. Techs )

  22. #22
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    Sorry to hear this happen but you really should have off-site backups and/or local backups if you had that much valudable data. I've heard TP formatted wrong disks on numerous occassions.

  23. #23
    Of course it was THEPLANET
    They offer us one month credit, its really peanuts

  24. #24
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    Originally posted by szym
    Of course it was THEPLANET
    They offer us one month credit, its really peanuts
    And what is your reasoning for not having off site backups?

  25. #25
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    Change provider.

    I would wan't much more than a month's credit if a DC formatted my server. The downtime and headaches involved would be horrendous. It's obvious they do not value you, otherwise they would've given you something more substantial.

    You should've had backups, but then again, there is absolutely no reason why this should've happened in the first place...

  26. #26
    Sorry if we have 6 server dual xeon raid 5 from the planet (about $2,5k) and they offer us 1 month credits only, one thing that we can do is to change provider.
    We have couple of servers is other DC in Holland which offer us better price, we have no reason to stay with TP.

  27. #27
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    Same thing happend to me at ThePlanet/Servermatrix a while ago. While not in the similar sense, I had them upgrade my 40 GB drive to an 80 GB. I gave clear instructions to mount the origional primary drive as the backup drive so I could tranfer data over to the new 80 GB. They formatted my old primary accidentily, and also formatted my old backup drive (I had 2x40 GB). It was a nightmare, they gave me the run around for 24 hours, until finally getting a manager on the line whom finally fessed up and offered half off next month.

    I left ThePlanet 1 month later, best move ever.
    Linux junkie | steward.io

  28. #28
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    Originally posted by thelinuxguy
    First off, things happen... people are just human, mistakes can happen. Second, most datacenters state in their TOS they are not responsible for lost data. which means you will lose your case. third you should have had offsite backups.
    I agree that things happens and people are just human
    but if I hit a glass by accident, I'll need to pay for that
    So I think the provider should give some sort of compensation

  29. #29
    Originally posted by BudWay
    Xgaming don't wanna sound harse but point out one company that is not in it Only For The Money?
    I think the general topic of this thread has been hit, but I just wanted to address this comment:

    Budway, there are lots of businesses that are put together that are not "just" about the money. I, for one, love what I do. Of course I'm in this to make money, but it is not the "only" reason I do what I do.

    Every business is out to make money, but some businesses have principle molded into their game plan.
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  30. #30
    I have come to the conclusion that I want to sue every WHT member who has said they are going to sue a hosting company and never did it.

  31. #31
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    Re: I want to sue one of well known DC!

    I had similar experiences. In one case, the guy reparititioned the drives, but I was able to reconstruct the data out of it.
    You should definite these bastards, this is willful damage of your property, the TOS does not cover such damages.


    Originally posted by szym
    Couple of days ago somehing impossible had happend.
    Staff one of well known DC formatted our sever with out any warnings and any reason.
    We looking for lawyer who want to represent us
    Something about server which was formated
    Dual xeon 2,8; raid 5 6*73 SCSI
    Hosted accounts 770
    Hosted national domains 277
    Hosted other global domains 150
    Hosted named zones about 1300
    Oficial interpreting of their fault is
    "There was a clerical error with serial numbers, and the machine next to yours requested reload" - os reload

  32. #32
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    Aug 2004
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    One small suggestion:
    in situations you have multiple drives, put the OS on a single or mirrored disk, do not put it on a raid 5.
    In case the morons reloaded your os by accident, you have the data.

    Guys, as for the damges caused by this idiotic provider, it's actually quite big
    1) any data between the last backup and the reformat is permanently lost, for ecommerce, this could mean a lot of lost orders. Your customers will not be happy.
    2) the time required to rebuild the server off the backup is substantial, there are 300G data, even if you have a remote backup, it takes days at 10mbs to bring them in. Your customers won't be happy.

    These are provable damages.

  33. #33
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    Originally posted by wm2100

    2) the time required to rebuild the server off the backup is substantial, there are 300G data, even if you have a remote backup, it takes days at 10mbs to bring them in. Your customers won't be happy.

    These are provable damages.
    Why would someone keep 300GB of data on one shared hosting server? Also, most DCs can pop you on a 100mbps link.

  34. #34
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    Originally posted by wm2100
    These are provable damages.
    While the damage may be real, the only thing that's proof of is the need for backups. I'll say again, "RAID is not a backup solution".

    What would have happened, if the RAID controller had corrupted the array? Who to sue then?

    A RAID array is a single point of failure just like a single HD. A disaster plan in the event of its failure (or accidental reformatting by the DC) is required. It's called a backup.

    Even an on-server backup of the array would have prevented disaster here. The only person responsible for lost data is the owner of the data, even in the face of DC ineptitude.

    Not a winnable lawsuit, IMO.
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  35. #35
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    Originally posted by vigor
    Same thing happend to me at ThePlanet/Servermatrix a while ago. While not in the similar sense, I had them upgrade my 40 GB drive to an 80 GB. I gave clear instructions to mount the origional primary drive as the backup drive so I could tranfer data over to the new 80 GB. They formatted my old primary accidentily, and also formatted my old backup drive (I had 2x40 GB). It was a nightmare, they gave me the run around for 24 hours, until finally getting a manager on the line whom finally fessed up and offered half off next month.

    I left ThePlanet 1 month later, best move ever.
    they are such tightwads, only HALF off? That's a lot of damage done, formatting both drives. Amaing! They couldn't give you at least 1 month (at the minimum), that alone tells a lot about their company. I'll never go with TP/SM after hearing all these stories, seems that they're careles with customer's data.

  36. #36
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    There is a big difference between hardware failed and someone deleted your data. It's like this, you could be struck dead by a rock dropped by a bird, or you can be shot by someone. In the first instance, no one is liable. In the second case, someone faces death penalty, even if you were already 120 year old and were near death.

    Similarly, if your hard drive failed, no big deal. If someone goes to your home computer and typed
    format C:
    and you lost all your precious, you certainly have someone to sue his *** off.




    Originally posted by BigBison
    While the damage may be real, the only thing that's proof of is the need for backups. I'll say again, "RAID is not a backup solution".

    What would have happened, if the RAID controller had corrupted the array? Who to sue then?

    A RAID array is a single point of failure just like a single HD. A disaster plan in the event of its failure (or accidental reformatting by the DC) is required. It's called a backup.

    Even an on-server backup of the array would have prevented disaster here. The only person responsible for lost data is the owner of the data, even in the face of DC ineptitude.

    Not a winnable lawsuit, IMO.

  37. #37
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    Originally posted by coconutboy
    they are such tightwads, only HALF off? That's a lot of damage done, formatting both drives. Amaing! They couldn't give you at least 1 month (at the minimum), that alone tells a lot about their company. I'll never go with TP/SM after hearing all these stories, seems that they're careles with customer's data.
    These guys just hired half-illiterates who know nothing about computers and the importance of data, to them, just push in some CDs, press a button, computer running, and that is all they are trained for. That's how providers make money, do they hire $30/hr admins? No way, they hire minimum wage guys to do the dirty work...

  38. #38
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    whenever you ask your host to touch your HDD, you are inviting disaster. i had this done 3 times by 3 hosts, they all screwed up.

  39. #39
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    "There is a big difference between hardware failed and someone deleted your data. It's like this, you could be struck dead by a rock dropped by a bird, or you can be shot by someone. In the first instance, no one is liable. In the second case, someone faces death penalty, even if you were already 120 year old and were near death.

    Similarly, if your hard drive failed, no big deal. If someone goes to your home computer and typed
    format C:
    and you lost all your precious, you certainly have someone to sue his *** off. "

    This is so amazingly illogical. There is utterly no difference between one and the other (not counting the rock vs. shooting scenario). Put it in simple basic terms. If you dont have a backup, what is the difference between a hardware failure and someone formatting your drive? Nothing, the result is the same, data lost. Rather than frothing at the mouth and making no sense, why not have a usable working disaster recovery plan in place? That way regardless of how the data is lost, be it 'act of god' human error, or malicious intent, you are covered.

  40. #40
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    I would have to say the only way you can have a case against the company is if you can prove malicious intent by the DC which would be really hard to do. I do gotta say tho that size of a server with that many accounts how do you not have offsite backup? I create backs up my stuff daily and weekly not offsite but on servers in my house.

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