|
As someone else asked, why haven't you already switched hosts? You really want to go on working with someone who has already proved themselves this incompetent?
From the legal point of view, the disclaimers are only of interest if there is some kind of guarantee associated with more than a stated amount of downtime. There rarely is.
The main consideration if you want to take legal action against a host is likely to be whether or not their downtime (and therefore your losses) was due to their negligence. If you can make a case that they were negligent, they are not protected by their disclaimer and you would have a decent chance of winning.
That said, since the expenses of a case could be significant and in most situations of this nature punitive damages would be low to zero, unless your (provable) loss of income were significant, there really is little point in such a course of action.
|