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  1. #1

    Best way to sue Servage

    Hello,

    I am a customer of Servage for more than 3 years. During those 3 years, I had many problems with them:

    - They published my personal data (personal phone number, personal address of my house, …) on WHOIS instead of my company data. They took 3 months to update the correct data despite my daily messages.
    - Their servers were hacked 3 times so my website got “defaced” 3 times. They first accused me and then they admitted that their servers were hacked and many customers were concerned.
    - I had many technical problems: website down, SMTP server down, FTP server down, … In fact, their website (servage.net) is down quite often!
    - I now have a message on the index of my website saying “suspended for non payment”. My credit card was stolen 3 weeks ago and I didn’t have the time to update it in the Servage Control Panel. It’s done now and I paid the balance but the message is still there for 3 hours despite my numerous messages to their support team. Servage never informed me that a payment was due and they were going to publish such a bad message for our company’s image. They are now VERY slow to correct their mistake.

    I have some time and a very handy lawyer I can use to sue Servage. I was planning to do that for a while so I accumulated all proofs (website screenshots, support conversations, …) during those 3 years. My lawyer is quite confident with the issue of this trial given all the bad things that happened to us with Servage.

    Did anyone here sue Servage before? What do you advise me to get the highest compensation for damages caused by Servage?

    Thanks in advance for any help

  2. #2
    Join Date
    Jan 2004
    Location
    Greece
    Posts
    2,211
    I am sorry you had all these troubles.

    I have seen some posts here from other servage customers having similar issues.

    But, wouldn't it easier to just move when problems started? Why you keep using their services for so long?

  3. #3
    Yoy have been having troubles with them for the almost 3 years with them but you still with them. You are extra loyal customer then. anyways there is should be the other part of the story which could spotlight this story in full

  4. #4
    Join Date
    Mar 2009
    Location
    Here Today - Gone to Maui
    Posts
    9,965
    Why ask us when you already have legal counsel?

  5. #5
    Hello CretaForce and thanks for your quick answer.

    Seeing the situation now, you are probably right; I should have left Servage for a while. The reason I stayed is because they moved my website to other clusters after having big problems. I was then confident I would be OK but I was obviously wrong.

    Did you hear about any other customer suing them? I will now leave Servage but I want them to pay for all what they did.

  6. #6
    Join Date
    Mar 2005
    Location
    USA
    Posts
    523
    I will now leave Servage but I want them to pay for all what they did.
    Best advice is to move on. If they do not owe you per not living up to any agreement is one thing, I think the only thing that will be accomplished is you spending more money "making them pay". I'm sure your attorney will tell you the same.

  7. #7
    Join Date
    Jul 2005
    Posts
    3,784
    You won't be able to sue them. Don't waste your money

  8. #8
    Did you hear about any other customer suing them? I will now leave Servage but I want them to pay for all what they did.
    I suppose that would be good idea to google for that or do some search in here
    Good luck

  9. #9
    Join Date
    Apr 2001
    Location
    Paradise
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    12,052
    You wont get anything sueing a $6.95 per month host, in compensation what would you get? a proportional of the 3 hours of downtime? maybe less than $1.
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  10. #10
    Thanks all for your answers.

    I know I should have left them way before. I was upset every times my website was down but when it was up 1 or 2 hours later and I was snoozing to leave them to another date and so on…

    I don’t plan to sue them for the down times. This is a very cheap host and the SLA doesn’t guarantee the uptime. I want to sue them because:
    - They published my personal data (personal phone number, personal house address) to the WHOIS database. This data was the second result if you searched our name on Google. We are a commercial website and I had plenty of people calling me on my personal phone outside the office hours because of Servage. I informed them immediately but they took more than 3 months to fix it.

    - They are now publishing a message “suspended for non-payment” on my website while I don’t owe them anything. In this financial crisis, customers and suppliers will think we are another company that can’t pay their debts while we don’t owe anything to Servage (the stolen credit card was replaced and the balance was has been paid)

    My lawyer knows the law but I am asking if anyone already sued them because I might get useful pieces of advices from people who were in my situation.

    Thanks in advance for any help

  11. #11
    Join Date
    Jul 2005
    Posts
    3,784
    Again, you're not going to be able to sue them.

    Have a good day.

  12. #12
    Join Date
    May 2006
    Location
    NJ, USA
    Posts
    6,645
    From what I can see, your case is far far far from being lawsuit worthy. Don't waste your time.
    AS395558

  13. #13
    Join Date
    Mar 2005
    Location
    USA
    Posts
    523
    Quote Originally Posted by macsym View Post
    Thanks all for your answers.

    I know I should have left them way before. I was upset every times my website was down but when it was up 1 or 2 hours later and I was snoozing to leave them to another date and so on…

    I don’t plan to sue them for the down times. This is a very cheap host and the SLA doesn’t guarantee the uptime. I want to sue them because:
    - They published my personal data (personal phone number, personal house address) to the WHOIS database. This data was the second result if you searched our name on Google. We are a commercial website and I had plenty of people calling me on my personal phone outside the office hours because of Servage. I informed them immediately but they took more than 3 months to fix it.

    - They are now publishing a message “suspended for non-payment” on my website while I don’t owe them anything. In this financial crisis, customers and suppliers will think we are another company that can’t pay their debts while we don’t owe anything to Servage (the stolen credit card was replaced and the balance was has been paid)

    My lawyer knows the law but I am asking if anyone already sued them because I might get useful pieces of advices from people who were in my situation.

    Thanks in advance for any help
    The whois info lists the information given by you when purchasing the domain on your acct.

    You would have to ask them why they suspended the account as it is pure speculation on your end.

    I still believe the best way to vote for a host is with your pocketbook. Trying to sue someone over the matters above is a lost cause and will only cause you to waste time and money in my opinion.

  14. #14
    Join Date
    Oct 2005
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    Six Degrees From You
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    1,079
    Quote Originally Posted by macsym View Post
    My lawyer knows the law but I am asking if anyone already sued them because I might get useful pieces of advices from people who were in my situation.
    Dont bother, you will more than likely lose, and even if you do win you will end up paying more than you win.

  15. #15
    Join Date
    Sep 2006
    Location
    Cardiff - United Kingdom
    Posts
    1,569
    If you have a lawyer then you don't need to ask here.

    Easy.
    Plagiarism Guard - Protect Against Content Theft
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  16. #16
    Quote Originally Posted by DephNet[Paul] View Post
    Dont bother, you will more than likely lose, and even if you do win you will end up paying more than you win.
    Usually, the lawyer expenses are “included” in the compensation.

    By the way, we are in France but Servage is in Germany so the German law applies. This is also a reason why I am looking for pieces of advises because the German law might be different

  17. #17
    Join Date
    Jul 2005
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    3,784
    The lawyer expenses are only included if you win, which you won't.

  18. #18
    Join Date
    Oct 2005
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    Six Degrees From You
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    Quote Originally Posted by macsym View Post
    Usually, the lawyer expenses are “included” in the compensation.
    My first two words still stand.

    Dont bother.

  19. #19
    Thanks for your thoughts. I am really hesitating now because most of you advise me to give up. Servage published my personal data without my agreement and I can proof that. That is illegal.
    Considering your messages, I’ll ask the lawyer if he can take this case “on result” (it means I wouldn’t pay anything if I loose).

  20. #20
    Join Date
    Jul 2005
    Posts
    3,784
    Good Luck, time to close this thread!

  21. #21
    Join Date
    Apr 2003
    Location
    San Jose, CA.
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    1,624
    Has your lawyer actually sat down and looked over the terms of service you agreed to? Discussed sections and things where you limited their liability? Even if you win... you're looking at about winning $252. I can't imagine your lawyer taking up your cause for a percentage of that.

    The question to ask is not who has sued who... but who has done so and won. Your replies will be quite non-existant. The short version of this is simply as stated "Don't bother".

  22. #22
    Join Date
    Oct 2002
    Location
    EU - east side
    Posts
    21,920
    They are now VERY slow to correct their mistake.
    Actually, the failure to update your account data is not their mistake. Their notice emails could have very well not reached you for all sorts of reasons.

    If getting everything up and running (and getting that unpleasant message off your site) is that important to you, and you have access to control your domain name (change nameservers), just change hosts and put up a message that you're under maintenance.

    As for the suing thing, you need the advice of German lawyers. It is doubtful that the effort will be worth it.

  23. #23
    - “Lightwave”: yes we reviewed the Terms and Services. It is not written they would publish my PERSONAL data without my agreement. Also, it is not written that they would publish a message such as “suspended for non-payment” in case there is a problem with the credit card.

    - “ldcdc”: They host my email addresses so they would know if there was a problem!  Also I have no control of my website at present (FTP doesn’t work). I asked them to replace the message with a “maintenance message” this morning but they didn’t do it until now.

    Anyway, thanks all for your answers (I didn’t expect so many quick answers!). I’ll wait for the reply from the lawyer to make the right choice.

  24. #24
    Quote Originally Posted by macsym View Post
    Anyway, thanks all for your answers (I didn’t expect so many quick answers!). I’ll wait for the reply from the lawyer to make the right choice.
    Let us know how everything goes for you.

  25. #25
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    They have every right to suspend your account, you were late, by your own words, in paying. How is it their fault it takes you over 10 days to get a new cred card because your old one was stolen; you even did not communicate this with them - I bet if you had they would have given you the time.

    If this website is commerical in nature, why are you paying by your own credit card? When signing up you supplied them with the information for whois and the name on the credit card probably supported their decision.

    Quiet frankly, you have little chance of winning. What amount are you going to sue because of the whois error, which seems to be your mistake. It seems their email had problems, if this was soo important, why not call, email different department for help because they aren't replying in the other email, or use their ticket system.

    If your lawyer is telling you he can win, or he guarantees this, seek new counsel. No lawyer can guarantee or predict anything. Anything can happen, this is taught in first year law.

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