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  1. #1

    Unhappy Web host holding my files for ransom!

    Hoping this is the correct place to post this; I couldn't find anything more relevant.

    So heres the short story:

    1) I had a VPS account at hostmysite.com (now hosting.com) for 2+ years.
    2) My credit card expired so they suspended/disabled my account because they couldn't charge it.
    3) I decided that I wanted to find a new host.
    4) I asked for my files.
    5) They said no because the account is disabled because of non-payment for 40+ days and that I'd need to pay the balance and then reactivate my account at the new pricing structure (which is $30+ more per month).

    Is this even legal? Seems like extortion to me, but then again I am not a lawyer.

  2. #2
    Join Date
    Jun 2009
    Location
    San Diego, California
    Posts
    1,663
    I don't think it is but some hosts legally delete all your files when you expire your account and don't renew. I didn't renew my hostmonster account and I downloaded the backup the night before and what do you know all my files are gone the next day when they expired.

    If they still have your files thats a plus you might be able to pay for just one month and get them back?

  3. #3
    Join Date
    Oct 2002
    Location
    EU - east side
    Posts
    21,920
    Is this even legal? Seems like extortion to me, but then again I am not a lawyer.
    Strictly speaking, as soon as you stopped paying for the account (failed to update CC info), they could just terminate the account. No host guarantees the presence of data or backups.

    Pay up, learn your lesson: keep your own set of backups.

    It is definitely not extortion. You didn't pay them, and now you're asking them to do you a service. If they were to agree, they'd be doing you a favor.

    I don't mean to sound harsh, just telling it like it is.

  4. #4
    Join Date
    Jun 2009
    Location
    San Diego, California
    Posts
    1,663
    Quote Originally Posted by ldcdc View Post
    Strictly speaking, as soon as you stopped paying for the account (failed to update CC info), they could just terminate the account. No host guarantees the presence of data or backups.

    Pay up, learn your lesson: keep your own set of backups.

    It is definitely not extortion. You didn't pay them, and now you're asking them to do you a service. If they were to agree, they'd be doing you a favor.

    I don't mean to sound harsh, just telling it like it is.
    Yea hes right. Pay for another month and get your data. I'm assuming it is very important.

  5. #5
    Join Date
    Jun 2009
    Location
    Vancouver
    Posts
    973
    If your account was disabled for 40 days due to non-payment, you can't really expect much. As others have said they have the right to terminate your account after such a long period of non-payment, at which point you would have no chance of getting your data back.

  6. #6
    Join Date
    Mar 2003
    Location
    eastern USA
    Posts
    541
    Quote Originally Posted by amdesigns View Post
    Hoping this is the correct place to post this; I couldn't find anything more relevant.

    So heres the short story:

    1) I had a VPS account at hostmysite.com (now hosting.com) for 2+ years.
    2) My credit card expired so they suspended/disabled my account because they couldn't charge it.
    3) I decided that I wanted to find a new host.
    4) I asked for my files.
    5) They said no because the account is disabled because of non-payment for 40+ days and that I'd need to pay the balance and then reactivate my account at the new pricing structure (which is $30+ more per month).

    Is this even legal? Seems like extortion to me, but then again I am not a lawyer.
    Extortion?!?!
    You're the own who didn't pay up in the first place. That makes you a deadbeat.

    It's a business. No one is here to do you any favors.

  7. #7
    Join Date
    Sep 2009
    Location
    Atlanta, GA
    Posts
    78
    The hosting company is well within it's rights. Technically, they could charge you more because you lapsed payment, or charge you a reconnect fee, or even a site recovery fee. Obviously that is not the kind of business practice that will keep customers around, but it could legally happen. The only suggestion I can give you as far as getting your site back without paying them the hosting fees you owe them is to try www.archive.org. If your site was really simple (which I doubt since you were on a VPS) you might get lucky there.

  8. #8
    Join Date
    Aug 2004
    Location
    Earth
    Posts
    8,154
    5) They said no because the account is disabled because of non-payment for 40+ days and that I'd need to pay the balance and then reactivate my account at the new pricing structure (which is $30+ more per month).
    Unfortunately that's called business. If you don't pay, you don't get any service. I'm sure if they were hosting everyone's data for free, they'd be out of business.

  9. #9
    Join Date
    Aug 2008
    Location
    St. Louis
    Posts
    20
    Forty days?

    Whatever you owe, you should pay. If you can indeed pay for a month or so of continued service, do that. Then find another host and move.

    In the future, keep scheduled backups (which would have made this less of an issue).

  10. #10
    Join Date
    Jan 2005
    Location
    In your server
    Posts
    2,945
    ok, did you read the TOS? im sure it states in there that they have the right to do that. Always read the TOS before you come onto a public forum and throwing phrases around like "Is this even legal?" and "Seems like extortion to me"
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  11. #11
    Hosting is Kinda like a Storage unit, If you fall behind on your payments there not going to give you access to get your couch, bed & ect out tell you have paid the balance on your account. I guess hosting is a bit better though since most storage unit companys will auction off what you have stored, so say good bye to that 32" flat screen lol.
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  12. #12
    Join Date
    Mar 2003
    Location
    eastern USA
    Posts
    541
    Quote Originally Posted by Crazed View Post
    Hosting is Kinda like a Storage unit, If you fall behind on your payments there not going to give you access to get your couch, bed & ect out tell you have paid the balance on your account. I guess hosting is a bit better though since most storage unit companys will auction off what you have stored, so say good bye to that 32" flat screen lol.

    I was trying to think of an analogy to webhosting and couldn't.

  13. #13
    Join Date
    Jan 2008
    Location
    Temecula, CA
    Posts
    52
    Why no backup? I keep multiple backups in multiple locations. You've never safe until your data is in at least 2 locations.

  14. #14
    The host is well within his rights to do this. He is within his right to do this on day one of non-payment, although most hosts have leeway.
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  15. #15
    Quote Originally Posted by amdesigns View Post
    Is this even legal?
    Why not? Your water provider can cut off your supply if you don't pay your bills, and you then won't have any water for your coffee-making business maybe.

    Oh well, you've already been told by practically everyone here. Hard lesson learned the hard way, but...it's not necessarily the end of the world.

    Up to you to decide how to go about this. But yep, it's legal.

  16. #16
    Join Date
    Sep 2009
    Posts
    375
    I think you're lucky to even get another chance, since you didn't have any backups reserved, you pretty much have no choice but to pay for it. I don't see anything wrong on their part. Like others have mentioned, some even delete the files as soon as your account got expired.. At least now you know what to do next time. But paying your host all the time for a good service is a must..

  17. #17
    Quote Originally Posted by Dave Zan View Post
    Why not? Your water provider can cut off your supply if you don't pay your bills, and you then won't have any water for your coffee-making business maybe.

    Oh well, you've already been told by practically everyone here. Hard lesson learned the hard way, but...it's not necessarily the end of the world.

    Up to you to decide how to go about this. But yep, it's legal.
    Do you think he can ask for some water that he wasn't able to use last month? Just like he asks for his data....

    A service is a service, im not sure why people think hosting is different. Data is your, sure, but you paid for a service and they don't need to give you access to their servers fore free. What they should do is send you the DVD with the data if you don't want to reconnect the service. Lets say for a 30$ fee.

  18. #18
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    19,196
    To be honest, I'm surprised that they still have a copy of your data after 40 days of non-payment. Some providers do have backup systems that keep data that long but it's *very* rare as near as I can tell as most providers dump backup data after 1 week and dump accounts for non-payment within 2 to 4 weeks (14 to 28 days).
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  19. #19
    At least they have your data even after 40 days you didn't pay up. Just pay them now, get your data and move out.

    Do your back up next time if the data is so important to you.
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  20. #20
    Join Date
    Sep 2008
    Location
    Ontario, Canada
    Posts
    42
    40 days of non-payment and you want your files?
    I agree with everyone else, pay your bill, learn your lesson, get your files, and move on.

  21. #21
    i think hosting.com have been very kind towards the OP as they have still not deleted the data even after 40 days of non payment.

  22. #22
    Yes, everyone is correct about this it is pretty much industry standard for you to pay your bill as well as keep your own backups in the event of failure. Sure hosts provide these services as failsafe's but in the end you are responsible for your data. If you do not pay your bill you generally will not get someone to allow you access to the account without paying your debt. This exists across all manners of businesses not just webhosting. To say that they are holding it ransom is a bit over the top.

  23. #23
    Join Date
    Jul 2009
    Posts
    212
    I have seen this post on another forum,but I saw similar replies.You are lucky that they still have your files.What if they told you they have deleted your files?
    You ended the payment so it means that the cooperation is over.They do not have responsibility to keep the files.If you want your site online again,why not just go with them.At least they kept the files for you for months and all the problem was just because of your credit card expired.
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  24. #24
    I think the price is pretty small to pay considering you can get all your data back

  25. #25
    Join Date
    Jun 2001
    Location
    Gotham City
    Posts
    1,852
    Your data should've been deleted by now, they've been pretty considerate to keep it this long. Most companies just delete accounts after a week of being overdue.

    If your data is important, pay up, get your data and then cancel the account. And the title of this thread is a bit severe, ransom? Really? I don't believe thats fair on a company who still has your data after 40 days of non payment.
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