Can i sue a hosting company for being down - GoFuckYourself.com

clubchics · 03-28-2005, 04:22 PM

dinix sold out to webhostplus... they gave us 1 day notice not even 24 hours! then we were down for over 48 hours then back up for 12 now down for another 8 hours!

Paulzy · 03-28-2005, 04:24 PM

heh new host time

webair · 03-28-2005, 04:25 PM

yep sue them =))

DutchTeenCash · 03-28-2005, 04:25 PM

time to move

see sig!

Rich · 03-28-2005, 04:25 PM

Not unless they have a horrible terms of service.

clubchics · 03-28-2005, 04:28 PM

tos says 99.99% up time

Sly · 03-28-2005, 04:29 PM

Is this regarding a $14.95 account?

gregtx · 03-28-2005, 04:40 PM

read your contract...

then decide if its worth years of your time and thousands of dollars to win a judgement...

Antonio · 03-28-2005, 04:57 PM

don't waste your time

WiredGuy · 03-28-2005, 04:59 PM

Read the terms very closely, almost always there's a disclaimer that would limit damages.
WG

axelcat · 03-28-2005, 05:02 PM

you can sue whom ever you like, but it does not mean that you can win

ravo · 03-28-2005, 06:20 PM

We successfully sued a hosting company about 6 years ago for downtime. But, the situation was pretty cut and dry. They literally, without grounds, unplugged the server, and refused to put it back up.

We sued for our lost earnings in small claims court. Luckily both us and the host were in the same jurisdiction (Ontario) and the small claims limit is fairly generous ($6000, at the time).

We settled with the host after the pre-trial; basically recovered our losses and costs. But, it took almost a year.

It's up to you if you want to take the chance and spend the time and money.

MandyBlake · 03-28-2005, 06:27 PM

you should go with webair.

The Bootyologist · 03-28-2005, 06:27 PM

www.sultryserver.com

Major (Tom) · 03-28-2005, 07:04 PM

www.swiftwill.com

duke

chaze · 03-28-2005, 07:19 PM

Switch hosts, you should choose a good one anyway.

http://www.adult-website-hosting.com hosts thousands of adult websites with twice as long retention as the other top adult hosts. We still have our first customer!

Quit trying to save 50 sents and get a great host.

That's it

runningbuffalo · 03-28-2005, 07:37 PM

you must look at the contract but every host I know has big window for down time.. you can sue but it will not be worth it...time for a new company..

woj · 03-28-2005, 07:40 PM

you've learned your lesson, now pick a quality host instead of some crap you had before...

GTS Mark · 03-28-2005, 07:40 PM

Sue the bastards!

Then switch over to Sinxstar.com

DH

Salie · 03-29-2005, 03:33 AM

contact me and ill give you an awesome deal. See Sig

Zester · 03-29-2005, 03:36 AM

if the downtown was due to "acts of god" - you can't
but it's all in the terms - read it and conclude

clubchics · 03-29-2005, 07:01 AM

not an act of god! and im still fucking down from 2:45pm march 28th till now 9:00am on the 29th
fucking rediculous!!!!!

simple simon · 03-29-2005, 07:05 AM

no your not gonna sue anyone, your gonna use a quality host next time and pay for it. Why people use these no name hosts in the adult industry is beyond me. Just look at who the players are using and ask yourself if you think they are hosted with a company that affords downtime, shitty service and so forth. Dont be a cheap ass and SEARCH GFY before choosing a new host. The whores will be coming out in droves in this thread preaching this and that host, thats the only guarantee you have.

BuggyG · 03-29-2005, 07:08 AM

just wanna bump

bringer · 03-29-2005, 07:08 AM

maybe you should switch to something else instead of bitching about it on gfy
48 hours down and you couldnt find a host to switch to? sounds like a personal problem
after 24hours id move and tell the downtime hosting company to refund my month and be done with it
keeping it with them hoping to win a bigger judgement is stupid

Basic_man · 03-29-2005, 07:09 AM

Quote:

Originally Posted by thinkx

time to move

see sig!

See MY sig :D

RealityCheckNetwork.com kick some serious ass !

jayeff · 03-29-2005, 07:21 AM

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.

loverboy · 03-29-2005, 07:43 AM

Quote:

Originally Posted by Sly

Is this regarding a $14.95 account?

ssp · 03-29-2005, 07:48 AM

This thread has turned into hosting spam.

PbG · 03-29-2005, 11:20 AM

Quote:

Originally Posted by axelcat

you can sue whom ever you like, but it does not mean that you can win

Zester · 03-29-2005, 03:01 PM

Quote:

Originally Posted by ssp

This thread has turned into hosting spam.

and how much of a suprise is that?

Twisted_Shane · 03-29-2005, 03:05 PM

While you probably could sue them, I doubt that it would be worth the time or money.
First off you really would need to check their TOS and see what it states as far as downtime. I have noticed a lot of companies use language to avoid the possibility of being sued by a customer over things like down time.
If you find nothing "funny" in their TOS then you could get yourself an atty. However, be wary of the atty you chose. Try to find one with a healthy interest in the internet and with (hopefully) some knowledge of webmastering. While this might not sound like a big deal, in truth you would have to explain to a judge what happened and why it was bad in a way that he can understand. This is not always the easiest of things to do.
In the end you are going to be spending large amounts of money over even longer amounts of time. A civil case like this can take over a year to be heard in a court room. I would suggest that you find a new hosting company for your sites and just let this situation go.

03-28-2005, 04:22 PM	#1
clubchics Confirmed User Join Date: Jul 2004 Posts: 739	Can i sue a hosting company for being down dinix sold out to webhostplus... they gave us 1 day notice not even 24 hours! then we were down for over 48 hours then back up for 12 now down for another 8 hours! __________________ www.BoostUltra.com ICQ ME: 55112653 AIM: CAZEY43 EMAIL: [email protected]

03-28-2005, 04:25 PM	#3
webair Confirmed User Industry Role: Join Date: Feb 2002 Location: NYC, NY Posts: 8,531	yep sue them =)) __________________ ~ Webair Dedicated Cloud Servers™ ~ WEBAIR VSYS™ Virtual Hosting Platform ~ Superior CDN Network ~ ~ Managed Dedicated hosting Specialists ~ DISCOUNT DOMAIN NAMES! ~ WEBAIR FUSION IO MANAGED CLOUD SERVERS! ~ *ICQ:* 243116321 - *TWITTER* - @WEBAIRINC - E-Mail: [email protected]

03-28-2005, 04:25 PM	#4
DutchTeenCash I like Dutch Girls Join Date: Feb 2003 Location: dutchteencash.com Posts: 21,684	time to move see sig! __________________ ICQ 16 91 547 - SKYPE dutchteencash bob AT dutchteencash DOT com ... did you see our newest Sweet Natural Girl Priscilla (18)?

03-28-2005, 04:28 PM	#6
clubchics Confirmed User Join Date: Jul 2004 Posts: 739	tos says 99.99% up time __________________ www.BoostUltra.com ICQ ME: 55112653 AIM: CAZEY43 EMAIL: [email protected]

03-28-2005, 04:29 PM	#7
Sly Let's do some business! Industry Role: Join Date: Sep 2004 Location: Austin, TX Posts: 31,344	Is this regarding a $14.95 account? __________________ Vacares - Web Hosting, Domains, O365, Security & More - Paxum and BTC Accepted Windows VPS now available Great for TSS, Nifty Stats, remote work, virtual assistants, etc. Click here for more details.

03-28-2005, 04:24 PM	#2
Paulzy So Fucking Banned Join Date: Sep 2002 Location: Shaolin Posts: 199	heh new host time

03-28-2005, 04:25 PM	#5
Rich So Fucking Banned Join Date: Jan 2003 Posts: 11,486	Not unless they have a horrible terms of service.

03-28-2005, 04:40 PM	#8
gregtx Confirmed User Industry Role: Join Date: Jan 2002 Location: Dallas, TX Posts: 1,929	read your contract... then decide if its worth years of your time and thousands of dollars to win a judgement... __________________ Processing Partners http://www.processingpartners.com

03-28-2005, 04:57 PM	#9
Antonio Too lazy to set a custom title Join Date: Oct 2001 Location: Spartaaaaaaaaa Posts: 14,136	don't waste your time

03-28-2005, 04:59 PM	#10
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,490	Read the terms very closely, almost always there's a disclaimer that would limit damages. WG __________________ I play with Google.

03-28-2005, 05:02 PM	#11
axelcat Adult Locals Join Date: Jun 2002 Location: West Coast Posts: 25,450	you can sue whom ever you like, but it does not mean that you can win

03-28-2005, 06:20 PM	#12
ravo Confirmed User Industry Role: Join Date: Jun 2001 Location: Skype: ravo.fpctraffic Posts: 5,447	We successfully sued a hosting company about 6 years ago for downtime. But, the situation was pretty cut and dry. They literally, without grounds, unplugged the server, and refused to put it back up. We sued for our lost earnings in small claims court. Luckily both us and the host were in the same jurisdiction (Ontario) and the small claims limit is fairly generous ($6000, at the time). We settled with the host after the pre-trial; basically recovered our losses and costs. But, it took almost a year. It's up to you if you want to take the chance and spend the time and money. __________________ AdultAdBroker - Buy and Sell Your Flat Rate Banners, Links, Tabs, Pops, Email Clicks and Members' Area Traffic - updated November 2025

03-28-2005, 06:27 PM	#13
MandyBlake The one and only! Industry Role: Join Date: Nov 2002 Location: Atlanta, GA Posts: 17,761	you should go with webair. __________________ Mandy's Playhouse Her First Fat Girl If you're interested in promoting my sites, ICQ me! 178411921

03-28-2005, 06:27 PM	#14
The Bootyologist So Fucking Banned Join Date: Jun 2004 Location: m00dville Posts: 2,912	www.sultryserver.com

03-28-2005, 07:04 PM	#15
Major (Tom) White Pride Industry Role: Join Date: Nov 2003 Location: Null Posts: 31,042	www.swiftwill.com duke __________________ WHITE LIVES MATTER

03-28-2005, 07:19 PM	#16
chaze Confirmed User Industry Role: Join Date: Aug 2002 Posts: 9,752	Switch hosts, you should choose a good one anyway. http://www.adult-website-hosting.com hosts thousands of adult websites with twice as long retention as the other top adult hosts. We still have our first customer! Quit trying to save 50 sents and get a great host. That's it

03-28-2005, 07:37 PM	#17
runningbuffalo Confirmed User Join Date: Jun 2004 Location: Venice, California Posts: 161	you can sue but it will not be worth it.. you must look at the contract but every host I know has big window for down time.. you can sue but it will not be worth it...time for a new company.. __________________ Jesse All content comes with 2257 documents [email protected] ICQ:239337547

03-28-2005, 07:40 PM	#18
woj <&(©¿©)&> Industry Role: Join Date: Jul 2002 Location: Chicago Posts: 47,882	you've learned your lesson, now pick a quality host instead of some crap you had before... __________________ Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000 Affiliate program tools: Hosted Galleries Manager Banner Manager Video Manager Wordpress Affiliate Plugin Pic/Movie of the Day Fansign Generator Zip Manager

03-28-2005, 07:40 PM	#19
GTS Mark Vrume Mark Industry Role: Join Date: Jan 2001 Location: Toronto, Canada Posts: 20,912	Sue the bastards! Then switch over to Sinxstar.com DH

03-29-2005, 03:33 AM	#20
Salie Confirmed User Join Date: Oct 2004 Posts: 116	contact me and ill give you an awesome deal. See Sig __________________ IdealBandwidth Dedicated Hosting $18/mbit ,24/7 support icq:332-133-154 / [email protected]

03-29-2005, 03:36 AM	#21
Zester Confirmed User Industry Role: Join Date: Jul 2003 Posts: 5,344	if the downtown was due to "acts of god" - you can't but it's all in the terms - read it and conclude __________________ * Mainstream ? $65 per sale * new male contraception

03-29-2005, 07:01 AM	#22
clubchics Confirmed User Join Date: Jul 2004 Posts: 739	not an act of god! and im still fucking down from 2:45pm march 28th till now 9:00am on the 29th fucking rediculous!!!!! __________________ www.BoostUltra.com ICQ ME: 55112653 AIM: CAZEY43 EMAIL: [email protected]

03-29-2005, 07:05 AM	#23
simple simon Confirmed User Join Date: Jan 2005 Posts: 854	no your not gonna sue anyone, your gonna use a quality host next time and pay for it. Why people use these no name hosts in the adult industry is beyond me. Just look at who the players are using and ask yourself if you think they are hosted with a company that affords downtime, shitty service and so forth. Dont be a cheap ass and SEARCH GFY before choosing a new host. The whores will be coming out in droves in this thread preaching this and that host, thats the only guarantee you have.

03-29-2005, 07:08 AM	#24
BuggyG Confirmed User Join Date: Oct 2002 Location: Ottawa Posts: 4,179	just wanna bump

03-29-2005, 07:08 AM	#25
bringer i have man boobies Join Date: Jul 2003 Location: van down by the river Posts: 13,082	maybe you should switch to something else instead of bitching about it on gfy 48 hours down and you couldnt find a host to switch to? sounds like a personal problem after 24hours id move and tell the downtime hosting company to refund my month and be done with it keeping it with them hoping to win a bigger judgement is stupid __________________ 333-765-551

03-29-2005, 07:21 AM	#27
jayeff Confirmed User Join Date: May 2001 Posts: 2,944	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.

03-29-2005, 07:48 AM	#29
ssp Confirmed User Join Date: Jan 2005 Location: United Kingdom Posts: 7,990	This thread has turned into hosting spam.

03-29-2005, 03:05 PM	#32
Twisted_Shane Registered User Join Date: Jul 2004 Posts: 33	While you probably could sue them, I doubt that it would be worth the time or money. First off you really would need to check their TOS and see what it states as far as downtime. I have noticed a lot of companies use language to avoid the possibility of being sued by a customer over things like down time. If you find nothing "funny" in their TOS then you could get yourself an atty. However, be wary of the atty you chose. Try to find one with a healthy interest in the internet and with (hopefully) some knowledge of webmastering. While this might not sound like a big deal, in truth you would have to explain to a judge what happened and why it was bad in a way that he can understand. This is not always the easiest of things to do. In the end you are going to be spending large amounts of money over even longer amounts of time. A civil case like this can take over a year to be heard in a court room. I would suggest that you find a new hosting company for your sites and just let this situation go. __________________ Shane Awesome Hosting, Awesome Service! 1.5GB Storage/ 75GB Transfer and more $19.95 PowerStorm Internet Services