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The above posters are right.
TOSes are pretty clear (I've worked at two big hosting companies). Usually they say we don't owe you any quality of service, and we aren't responsible for any outages.
Secondly, incompetence doesn't usually qualify you for renumeration, and courts usually have a 'reasonable expectation of service' rule of thumb where they say, "If this person's paying $100/month for service say for dedicated hosting then we can't reasonably expect a customer making $6000 - $9000/month in revenue to use them over a more costly solution"
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