I'm in need of some advice. It's a long story but will try and summerise.
I own a forum. Some member of my forum recently discovered a Christian based forum and decided to join it. They were instantley banned for disagreeing with the Christian views, and posted their comments and the repleis on my forum for all to see. They kept going back to this site and using different names.
I asked them not too, so as not to dirty my forum's name but they didn't stop.
Anyway, the members of the Christian based forum traced those members back to my site. And flamed me, threatened me and have now reported my site as abusing them.
So, my account has been disabled and terminated.
Apart from this site, I also had a personal blog which I can no logner accss either.
Do I have any rights? UKHOST4U are claiming that I have dirtied their name and thus my accoutn has been correctly terminated.
Am I responsible for ALL my members actions? If UKHOST4U wont re-instate my account, should they still give me access to my data , so I can take it elsewhere?
Where their actions justified?
When my website was threatened, I reported this straight away. Unfortunately, the owner of the Christian websites, also is the CEO of the company that hosts it, so there was little I could do there.
What I can't get through to UKHOST4U, is that there was no abuse, there was just a difference of opinion. And the members of the other fourm didn't some views expressed. Surely this isn't avalid reason to have a website taken down!?
I would assume that your right to the data left on the site is entirely dependent on the contract you had with the hosting company. Naively, I would guess that unless it is expressly stated otherwise, that this is your property and they have no right to deny you of it. Though, if they are belligerent, you might find it takes some lawyering.
It would seem strange that an open ended hosting account would have it written that they reserve the right to ban users and deny them all access, but it would make administration, in such circumstances, very straight forward.
Ultimately, you could make it a policy of regularly backing up your site, thereby saving yourself from this outcome.
3.1. We make no representation and give no warranty as to the
accuracy or quality of information received by any person via the
Server and we shall have no liability for any loss or damage to any
data stored on the Server.
3.3. We reserve the right to remove any material which we deem
inappropriate from your Web Site without notice to you.
7.7. On termination of this Agreement or suspension of the
Services we shall be entitled immediately to stop access to your
Web Site and to remove all data located on the Server.
You could maybe send a letter of intent to your host stating that you will remove any and all posts from your members regarding the alleged abuse and maybe they will at least re initiate it long enough to grab a backup.