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  1. #1

    Claiming compensation

    I have a site hosted with 1and1 on a dedicated server. On Wednesday it crashed ans has been down ever since.

    The reason the site went down was it kept rebooting every 5 minutes or so, so was not stable. We contacted 1and1 and they said there was no problem.

    We questioned there reasoning as my IT guy was unable to get access to the site. While speaking to both 1and1 completed something at their end and access was available for a few minutes when we discovered the system errors were memory related. It then rebooted and locked my IT guy out again.

    1and1 then decided to move the hard drives to a new server instead of replacing the ram.

    this then caused microsoft to go into protection mode as it thought it was being copied. we then had to reimage the drives. The first attempt failed, so another day wasted and they had to start the reimage manually at the datacentre.

    When this was completed my IT guy still had no access to the server. He spoke to 1and1 and they said everything was as it should be and he should be able to get access. He did some omre checks and after an hour, still no access. He called 1and1 again and a different CS said i will have a look at the blocks. He found the server still had the blocks on it.

    Another half day wasted.

    Unknown to us also the network card encryption had changed from the old server and this meant we could do a complete reload of the site and 1and1 said we need to reload it all individually. My IT guy had a work around which would have resolved the issue in 15 minutes max, but 1and1 refused to help.

    We have now started to reimage the server all over again, some 6 days since the site crashed.

    When i apply for compensation what can i expect to be able to claim for?

    The loss of income generated by the site per day.
    Time lost by my IT guy because 1and1 forgot to remove blocks and other requirements they need to address
    Failure by 1and1 to recognise the fault was a hardware issue.

    If they refuse to compensate would i be able to pursue compensation in another manor?

  2. #2
    Join Date
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    Probably their ToS cover them and the max that you'll get is 1 month of free hosting. I suggest you to move to a new provider though.
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  3. #3
    that is my plan, but would like to get more than a months free hosting. They have proved they are inept, so the offer a free month is no benefit to me from lost income.

  4. #4
    Join Date
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    From a DC operators perspective, they will ask why you didn't have backup systems in place if the required server systems operation was of a high priority to the business you are running.
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  5. #5
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    You wont get any economical compensation if that's what you're mean. You can try, but is going to be a waste of time and effort IMHO.
    Shared Web Hosting - Reseller Hosting - Semi-Dedicated Servers - SolusVM/XEN VPS
    LiteSpeed Powered - R1Soft Continuous Data Protection - 24/7 Chat/Email/Helpdesk Support
    Cpanel/WHM - Softaculous - R1soft Backup - Litespeed - Cloudlinux -Site Builder- SSH support - Account Migration
    DowntownHost LLC - In Business since 2001- West/Center/East USA - Netherlands - Singapore

  6. #6
    Quote Originally Posted by LoganNZ View Post
    From a DC operators perspective, they will ask why you didn't have backup systems in place if the required server systems operation was of a high priority to the business you are running.
    Is not having a raid system a back up system? That was my understanding, but as the RAM failed on ther server, what form of backup should i have had? I can't have 2 servers just incase one failed.

    All our efforts to get the site back up have been hindered by 1and1 failing to have the correct settings and refusing to help get the site back up asap.

    What suggests would you have for a back up?

  7. #7
    Join Date
    Oct 2002
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    Read the terms of conditions you agreed to:

    http://order.1and1.com/xml/order/Inf...op&__lf=Static

    http://order.1and1.co.uk/xml/order/G...op&__lf=Static

    If you can afford to and think it to be worthy, you could have a lawyer take a look at them and see if they're all lawful. It may happen, though perhaps unlikely with a big company like 1and1 that actually has a legal team looking over their documents, that some clauses will not hold in a court of law. Of course, you'd have to contact a lawyer familiar with the laws of the country that governs the contract.

    Just my personal understanding of the situation.

    If you cannot afford certain risks, I suppose there's always an insurance that you could buy. Your host cannot and will never be acting as a guarantor against loss of income or data, if only for the reason that hosting tends to be so cheap, and they can't afford it.

    I can't have 2 servers just incase one failed.
    Some do have that, because they deemed the expenditure to be worth it. It is up to each business to judge what makes sense, and what doesn't, for them.
    Last edited by ldcdc; 06-29-2009 at 12:24 PM.

  8. #8
    Quote Originally Posted by Jedito View Post
    You wont get any economical compensation if that's what you're mean. You can try, but is going to be a waste of time and effort IMHO.
    what about court action?

  9. #9
    Quote Originally Posted by ldcdc View Post
    Read the terms of conditions you agreed to:

    http://order.1and1.com/xml/order/Inf...op&__lf=Static

    http://order.1and1.co.uk/xml/order/G...op&__lf=Static

    If you can afford to and think it to be worthy, you could have a lawyer take a look at them and see if they're all lawful. It may happen, though perhaps unlikely with a big company like 1and1 that actually has a legal team looking over their documents, that some clauses will not hold in a court of law. Of course, you'd have to contact a lawyer familiar with the laws of the country that governs the contract.

    Just my personal understanding of the situation.

    If you cannot afford certain risks, I suppose there's always an insurance that you could buy. Your host cannot and will never be acting as a guarantor against loss of income or data, if only for the reason that hosting tends to be so cheap, and they can't afford it.

    Some do have that, because they deemed the expenditure to be worth it. It is up to each business to judge what makes sense, and what doesn't, for them.
    Can anyone point out their responsibilty, in the T's& C's for any hardware failures and failures in actioning functions ony 1and1 can action, as i can't see any?

  10. #10
    Quote Originally Posted by LoganNZ View Post
    From a DC operators perspective, they will ask why you didn't have backup systems in place if the required server systems operation was of a high priority to the business you are running.
    the back does/did work, but because we were changed to a different server/hardware and restored the backup it won't recognise the network card in the new server.

    We could have easily got the site back it someone from the datacentre had stood with the machine/server and carried out instructions from my IT guy. But 1and1 refused to help with this.

  11. #11
    Join Date
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    You have to keep in mind that no matter where you go, the only thing your provider is responsible for is replacement of failed hardware in the machines they lease to you. No provider in their right mind would guarantee your OS or software. In the end, you are entirely responsible for the content on the server. Most providers will do the best of their ability to prevent data loss and downtime for you, but this in no way ties them to the responsibility of being required to do so, or makes them responsible for anything more than their terms dictate.

    My thoughts would be that 1&1 has some real inept techs if this happened. The absolute only reason they should have moved your drives to a new machine without changing the mem sticks on the old one first is if they were currently out of stock on that particular memory.... which could have well been the case.

  12. #12
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    Quote Originally Posted by bmminiparts View Post
    what about court action?
    You agreed to a lot of things when you signed up for their service.

    One of those is to not hold them accountable for loss of data or your business. You signed that contract yourself. They would counter act and perhaps sue you for taking them to court if you did.

    All you can get now is 1 month of free hosting (no, not even a refund). Get it and use that month to move to a better provider.

  13. #13
    Quote Originally Posted by Webdude View Post
    My thoughts would be that 1&1 has some real inept techs if this happened. The absolute only reason they should have moved your drives to a new machine without changing the mem sticks on the old one first is if they were currently out of stock on that particular memory.... which could have well been the case.
    if this was the case, then they knowing knew that my time to get the site back up will take longer.

    I understand they are only responsible for the hardware and it's settings, but they have failed to have the correct settings wasting many hours of my IT guys time.

    I am now suspicious of all web hosts. Even chatting to them you never know if they will help solve a hardware problem professionally. That's why i will eventually have it all in house. It is what my IT guy has done in the past for a IT company. It's the only way to avoid inept web hosts. None so far have proved reliable or hold any sort of pride in their product.

  14. #14
    Quote Originally Posted by ganesh-rao View Post
    One of those is to not hold them accountable for loss of data or your business. You signed that contract yourself. They would counter act and perhaps sue you for taking them to court if you did.
    I never held them accountable for any loss of data, because there was not any. I hold them accountable for the failure to provide the best outcome. Even when they changed the servers they still failed to set the correct settings at their end. Everytime we have had to prove it is them that needs to action requests as we did not have access via the control panel as we were locked out.

  15. #15
    Join Date
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    Quote Originally Posted by bmminiparts View Post
    I am now suspicious of all web hosts. Even chatting to them you never know if they will help solve a hardware problem professionally. That's why i will eventually have it all in house. It is what my IT guy has done in the past for a IT company. It's the only way to avoid inept web hosts. None so far have proved reliable or hold any sort of pride in their product.
    Dont be. Most web hosts sit in someone else's datacenter and rely on those datacenter techs to fix issues on customer servers. Therefore, in the end you have to determine what datacenter you want to be in, and find a good host that is in there. 1&1 is big and popular, not because they are the best, but because they have a good marketing setup. So dont dicount a small host based off that, there are tons of them around here and you can find reviews of most of them around here.

    Maybe you should check out jaguarpc.com, Greg, the owner, is a member here under the username Jag. They have been around a long time and people seem happy with them.

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