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  1. #1

    Data loss by host company

    Hi
    I am in big time trouble i need advice. I am hosting with jaguarpc and they lost all of my data on their servers. What is my legal position now. How can I sue them? I really need to know this can anyone help me?
    Regards
    Nik
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  2. #2
    Join Date
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    It's your responsibility for making backups... If you don't then bad luck for you.

    There's probably a clause in their TOS/AUP, which you agreed to, that says that they will not be responsible for any financial damage to clients because of dataloss.

    Make backups next time...

    Mini

  3. #3
    Join Date
    Jul 2006
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    Yea these kind of sites have a very detailed TOS/AUP there may not be much you can do...

    If you have backups then thats the only thing you can count on.

  4. #4
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    This is what I get from their TOS.

    Liability and Warranty : We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. Jaguar Technologies LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
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  5. #5
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    I would suggest looking for a host that does backups in future! secure ones too!

    But i also suggest taking regular backups too just for your own records and safety.
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  6. #6
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    So many places offering FTP backups that you can order for like $10/M.. Why can't customers start realising that this is what they are there for.. If you're worried about transfer speed, boom, there's your answer.. No more having to leave your computer on all night long while your dinosaur dialup with "AOL's Blazing Top-Speed Technology" downloads that 6GB backup to your Super Large 8GB hard drive in your windows 3.1 machine with 133mhz processor and 8mb of ram.


  7. #7
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    Quote Originally Posted by CEngine
    downloads that 6GB backup to your Super Large 8GB hard drive in your windows 3.1 machine with 133mhz processor and 8mb of ram.

    Windows 3.1 that brings back some memories , but where there 133Mhz processors back then? I think mine was 24Mhz

    FTP backup space is ideal, cpanel users can make a full backup and have it upload to the FTP space.
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  8. #8
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    Quote Originally Posted by MKHosting
    Windows 3.1 that brings back some memories , but where there 133Mhz processors back then? I think mine was 24Mhz

    FTP backup space is ideal, cpanel users can make a full backup and have it upload to the FTP space.
    Yep i recall my old 386 machine with windows 3.11 haha.
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  9. #9
    Quote Originally Posted by weblifeindia
    Hi
    I am in big time trouble i need advice. I am hosting with jaguarpc and they lost all of my data on their servers. What is my legal position now. How can I sue them? I really need to know this can anyone help me?
    Regards
    Nik
    The fact is, you can sue anyone for anything, if you want.

    The other fact is, if you explicitly agreed to a set of terms under which service would be offered - and I expect that this host, like almost every other, has an order form that will not be processed until the submitter has ticked a box or offered some other indication that they agree to the terms or conditions - then you have no case. You will also find yourself answering very pointed questions from opposing counsel or by the judge as to why, if your data was so very important to you, you did not make regular backups of your own. You can also find yourself with a judge or arbitrator who doesn't appreciate you wasting the time of the courts with frivolous lawsuits because you brought suit knowing those terms. You can further find yourself being on the end of a judgment against you for costs incurred by the party against you have brought suit, and any attorney foolish enough to bring the action on your behalf can find themselves on the end of nasty proceedings as well.

    Learn your lesson. Read the terms, and read them carefully. Back up your data.

  10. #10
    You may sue but it only turns out to be a hectic exercise for you.

    Its better you make sure in future that your web host is taking regular backups but I doubt if they don't have similar clause like jaguarpc on there ToS or AUP.


    Blessed.

  11. #11
    Join Date
    Feb 2001
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    Almost every host makes backups. However, I've never seen any host that will guarantee those backups. Backups are YOUR responsibility.

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  12. #12
    Join Date
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    Quote Originally Posted by CyberHostPro
    I would suggest looking for a host that does backups in future! secure ones too!

    But i also suggest taking regular backups too just for your own records and safety.
    We do backups, we have very large very secure nas appliances, and many of them. There was a config issue for this server and while all db's and most home data was there, the unfortuante fact is some was lost. Its regretable but happens.

    Quote Originally Posted by CEngine
    So many places offering FTP backups that you can order for like $10/M.. Why can't customers start realising that this is what they are there for.. If you're worried about transfer speed, boom, there's your answer.. No more having to leave your computer on all night long while your dinosaur dialup with "AOL's Blazing Top-Speed Technology" downloads that 6GB backup to your Super Large 8GB hard drive in your windows 3.1 machine with 133mhz processor and 8mb of ram.

    We also offer this feature as well, and try to get clients to backup as best the can. We have about 6x backups for ourselves. Get one of these extra ftp backups, and sync to it, and no matter what always keep a local. How anyone launches a site and never has a copy on their system I'll never know. But we accept this config issue as a problem, already have corrected it, and already have a new enterprise level system we are deploying that will elliminate it. We offered some credit and are happy to help where we can, nothing we can really do about where we can't. Im sorry.
    Greg Landis | Founder Jaguarpc - Keeping websites happy since 1998
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  13. #13
    Don't forget if you're a reseller your terms of service should be vary similar to that of your hosts. You're probably in trouble because you lost your client's data are getting threatened with a lawsuit so want to do the same. Oh and don't get scared by people that cry "I'm going to sue you" they usually do that to get you scared. Do however make sure you're covered in the event someone does as some point try to sue you (again terms of service).

    Definitely make sure the section regarding data safety and accuracy of backups is clearly spelled out in your terms.

    And never trust someone else to backup your data 100% reliably, you have to keep your own backups as well.
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  14. #14
    Join Date
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    Smile

    What if people are using Gigs of space? This would be very difficult for them to backup and is going to take so long for the backup to runs.

    How are people going to backup their sites?

  15. #15
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    Use one or a few of the extra backup services hosts , and plain backup companies, offer? then again with lines like they are today, Ive downloaded patches, games, programs, much larger than a few gig. Rest assured if i were to be out of business for not having my own data, Id make sure to have it.
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  16. #16
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    we do backup of all our systems but we tell customers that it is their responsibility. Our copy is for us to use if there is ever any problem (we do full system backup x7) and plesk does have ftp backup facilities as well, so set it up and use it..
    Managed VPS - JUSTrackz.com

  17. #17
    Not really the solution for this since they need remote backup. But tools like backupforworkgroups.com are great for this. They only backup changed files and then merge the changed files into a new volume. That would be the way to do it. Look for something that offers such a solution, I'm sure some of the FTP backup apps out there allow for only backing up changed or new files.


    Quote Originally Posted by YUPAPA
    What if people are using Gigs of space? This would be very difficult for them to backup and is going to take so long for the backup to runs.

    How are people going to backup their sites?
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  18. #18
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    Quote Originally Posted by Jag
    How anyone launches a site and never has a copy on their system I'll never know.
    Cheers Greg!
    If you find the answer to that please PM me, I am interested to find that out as well

    As for backups in general, I can't even understand how these people expect the host company to watch for their business, the host business is to host your website, period.

    Nik, if your business is so important then you will find both time and resources to protect it from unexpected events instead of thinking that everything can be solved with "let's sue them".
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  19. #19
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    I think regardless if they offer backups you should always have your own just to be sure. You never know what might happen.

  20. #20
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    Quote Originally Posted by thetimehascome
    if you explicitly agreed to a set of terms under which service would be offered - ..... - then you have no case.
    Terms of service and user agreements are not law. They might even be (and quite often are) contrary to legal rights granted to the customer. There are still responsibilities on the part of the company, and judges and juries can find in favor of the plaintiff. Just because a cleverly-written user agreement says one thing doesn't mean they won't get their butt handed to them in court. It happens every day, even to the mega-large companies. Why do you think you get new credit card agreements mailed to you from time to time? They had to change it, usually from legal outcomes. If a company does you wrong, or does not fully hold up their end of the deal, file a suit if that what it takes to get the situation resolved. The TOS be damned. If you've got the time and legal resources, get after it.

    I'm not saying that is the case here, just general comments as it relates to TOS and AUP.

  21. #21
    Join Date
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    This is very very important thing and I will never want to depend on anybody else for this.

    I always prefer to keep a backup copy each on my desktop and on my laptop and I sync them on a regular basis.

    Well if the sever is offering any backup services - fine I will accept it but the one that I have has more priority.

    Regarding database we can set cron job so that backup copy of database is emailed to me on a regular basis. Not sure how this will work for bigger databases though.
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  22. #22
    They are not responcible for your data loss.
    In the future please choose host wich offers automatic backups.
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