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  1. #1

    Legal Issues & Web Hosting Problems

    Alright,

    I was a part of some private forums, and in these forums a member posted a special deal for forum members. I checked out the site he had a fully working site. With the whole 99.9% uptime guarantee, etc.
    So I purchased one of the plans with him. After purchasing the site I recieved 3 full days of a working cPanel account. Where I placed my site up and got it preped for users. Then I paid a local company for some advertising in local shops (related to the web site).
    Now here is where it got odd. I get home that evening to check on my web site. It's gone, as in deleted. I see nothing (but the default message with cpanel), so I contact the admin. Since that fourth day I've gotten nothing but new logins (that have never worked), nameservers for my domain that have not worked. Click here for my web site (gone) www DOT hvactech DOT com
    Then they have take down there original site which was located at www DOT softech-hosting DOT co DOT uk . Which is no longer a viewable web site. and gave me this site instead www DOT softhosting DOT co DOT uk


    So I've contacted Paypal and I have to wait 3 days before filing a claim. Which will happen in another day. He has yet to contact Paypal about the dispute. My question is, is there from a legal stand point a fighting arguement with a lawyer? As far as the advertising stand point and the web hosting being down. Ive paid quite some money, and I'd like to get some of it back from this whole transaction. Also, will Paypal give my money back? Has anyone ever had this happen to them before?

    Thanks for the help,
    Josh
    Last edited by JSteele; 11-25-2006 at 10:46 AM.

  2. #2
    Join Date
    Nov 2003
    Location
    Newport Beach, CA
    Posts
    2,923
    how much did you pay?

    the real problem you'll face, is paypal will not refund transactions done on services. There's no shipping or other tangible aspect of the purchase. It's gong to default back to the seller. especially since they would just claim they gave you logins multiple times.

    Probably best to just move on. Maybe take a look around here for a host. There are some very good solid companies here. My advice is do a little research before signing on to a new host.
    Show your reciprocal links on your website. eReferrer

  3. #3
    Join Date
    Jun 2005
    Location
    Columbus, Ohio
    Posts
    171
    You have grounds for a legal complaint or suit, but whether you actually want to take it that far is another issue. Unless you spent a good portion of your life savings on advertising or enough to offset legal costs and time, then don't worry about it anymore. Walk away, do your research, and choose a better host.

  4. #4
    No I didn't spend that much, enough to make me upset right though. I guess I will began looking for a new host. So if this guy never gives me a real login and acess to what I paid for, there is nothing I can do other than hire a high priced lawyer?

    Thanks
    Josh

  5. #5
    Join Date
    Nov 2006
    Location
    Singapore
    Posts
    17
    Quote Originally Posted by JSteele
    Alright,
    So I've contacted Paypal and I have to wait 3 days before filing a claim. Which will happen in another day. He has yet to contact Paypal about the dispute. My question is, is there from a legal stand point a fighting arguement with a lawyer? As far as the advertising stand point and the web hosting being down. Ive paid quite some money, and I'd like to get some of it back from this whole transaction. Also, will Paypal give my money back? Has anyone ever had this happen to them before?

    Thanks for the help,
    Josh

    Yes, you may file a law suit, but the problem is if u can get a hold of the person who had cheated you. Do note that a lawsuit is useless unless you get the said person to acknowledge them.

    Once you do get hold of that person, and settle it outside the court, it's a matter if the said person has any money to pay you back, even if it is settle in court and the said person still don't have any money to pay you back, he get charge and you still have to pay for the lawyer and stuff!

    I doubt you will get your money back from the advertising unless it done in goodwill.

  6. #6
    Hello, The following could be done - 1) Contacting the registrars 2) If yet no reply contact ICANN 3) Get hold of your back-up of the website and then move on to another host. Well let me know, if you are looking for an another hosting company, i can suggest you the best reliable hosting company that suit your requirements and fits in your budget. cheers

  7. #7
    Join Date
    Feb 2001
    Location
    West Michigan, USA
    Posts
    9,687
    First, its going to cost you so much more in money and time to fight this battle legally than its worth. You're going to spend $300 an hour on a $5 a month hosting account and maybe $100 in advertising? Why?

    Second, you should just take your data and move to a different host and chalk it up as a learning experience. Let it go.

    --Tina
    ||| 99.999% Uptime SLA!!!
    Plenty of space and bandwidth to fit your needs!
    www.AEIandYou.com - - (WP Friendly - Premium Reseller Hosting and Cheap Dedicated Servers)

  8. #8
    Join Date
    Mar 2005
    Location
    USA
    Posts
    667
    Welcome to the WHT JSteele!
    I agree, it will cost you thousands in legal fees and even if you win, try collecting on it.
    I would recommend you find another host and move on. This time, make sure you do plenty of research. Choose a handfull of hosts you think will work for you, search here about them and ask others, widdle your list down to someone you feel comfortable with.
    Jim - 2Macs H-Sphere Web Hosting
    Since 2001 - H-Sphere Clustered Shared Linux & Windows Hosting
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    Unconditional, 30 Day Money back Guarantee!

  9. #9
    Join Date
    Dec 2005
    Posts
    116
    Yeah the best thing to do is move on to a better host unless you prepaid for a very logn time and it was high priced amount for monthly to start with.

    Welcome to WHT as well

    Cheers,

  10. #10
    Join Date
    Aug 2001
    Location
    NE Ohio
    Posts
    502
    JSteele, I just checked your website, www.hvactech.com , and it loaded fine for me. The IP address and DNS servers don't point to softech-hosting.co.uk. Did you post the wrong site?

  11. #11
    Oh,

    I'm sorry this morning I had a lot running through my head and couldn't just use post the link its www DOT hvactech DOT org

  12. #12
    Join Date
    Nov 2006
    Location
    Singapore
    Posts
    17
    Hmm done a reverse IP on your domain and it seems that the other sites that on the same IP as yours seems to be blank and brand new page.

  13. #13

    Hmmm...

    From where I sit www dot hvactech dot org does not appear to have a current WHOIS listing...then again, NameSecure has given out erroneous information before...

    ...but once that information is available (if it isn't already) check to see if you're listed as any of the contacts. That will let you know if you have a leg to stand on in regards of getting the domain name back.

    No name, no chance.

    $0.02

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