Can i sue a hosting company for being down

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  • clubchics
    Confirmed User
    • Jul 2004
    • 739

    #1

    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]
  • Paulzy
    So Fucking Banned
    • Sep 2002
    • 199

    #2
    heh new host time

    Comment

    • webair
      Confirmed User
      • Feb 2002
      • 8531

      #3
      yep sue them =))


      ~ Webair Dedicated Cloud Servers™ ~ WEBAIR VSYS™ Virtual Hosting Platform ~ Superior CDN Network ~
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      Comment

      • DutchTeenCash
        I like Dutch Girls
        • Feb 2003
        • 21684

        #4
        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)?

        Comment

        • Rich
          So Fucking Banned
          • Jan 2003
          • 11486

          #5
          Not unless they have a horrible terms of service.

          Comment

          • clubchics
            Confirmed User
            • Jul 2004
            • 739

            #6
            tos says 99.99% up time
            www.BoostUltra.com
            ICQ ME: 55112653
            AIM: CAZEY43
            EMAIL: [email protected]

            Comment

            • Sly
              Let's do some business!
              • Sep 2004
              • 31377

              #7
              Is this regarding a $14.95 account?
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              • gregtx
                Confirmed User
                • Jan 2002
                • 1929

                #8
                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

                Comment

                • Antonio
                  Too lazy to set a custom title
                  • Oct 2001
                  • 14136

                  #9
                  don't waste your time

                  Comment

                  • WiredGuy
                    Pounding Googlebot
                    • Aug 2002
                    • 34512

                    #10
                    Read the terms very closely, almost always there's a disclaimer that would limit damages.
                    WG
                    I play with Google.

                    Comment

                    • axelcat
                      Adult Locals
                      • Jun 2002
                      • 25450

                      #11
                      you can sue whom ever you like, but it does not mean that you can win

                      Comment

                      • ravo
                        Confirmed User
                        • Jun 2001
                        • 5461

                        #12
                        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 May 2026

                        Comment

                        • MandyBlake
                          The one and only!
                          • Nov 2002
                          • 17761

                          #13
                          you should go with webair.
                          Mandy's Playhouse
                          Her First Fat Girl
                          If you're interested in promoting my sites, ICQ me! 178411921

                          Comment

                          • The Bootyologist
                            So Fucking Banned
                            • Jun 2004
                            • 2912

                            #14
                            www.sultryserver.com

                            Comment

                            • Major (Tom)
                              So Fucking Banned
                              • Nov 2003
                              • 32492

                              #15
                              www.swiftwill.com

                              duke

                              Comment

                              • chaze
                                Confirmed User
                                • Aug 2002
                                • 9774

                                #16
                                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
                                Like the desert needs the rain
                                We do fully manged WordPress, VPS, and Servers. Adult Host Pro https://adulthostpro.com/ Since 2001

                                Comment

                                • runningbuffalo
                                  Confirmed User
                                  • Jun 2004
                                  • 161

                                  #17
                                  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

                                  Comment

                                  • woj
                                    <&(©¿©)&>
                                    • Jul 2002
                                    • 47882

                                    #18
                                    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
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                                    • GTS Mark
                                      Vrume Mark
                                      • Jan 2001
                                      • 20912

                                      #19
                                      Sue the bastards!

                                      Then switch over to Sinxstar.com

                                      DH

                                      Comment

                                      • Salie
                                        Confirmed User
                                        • Oct 2004
                                        • 116

                                        #20
                                        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]

                                        Comment

                                        • Zester
                                          Confirmed User
                                          • Jul 2003
                                          • 5344

                                          #21
                                          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

                                          Comment

                                          • clubchics
                                            Confirmed User
                                            • Jul 2004
                                            • 739

                                            #22
                                            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]

                                            Comment

                                            • simple simon
                                              Confirmed User
                                              • Jan 2005
                                              • 854

                                              #23
                                              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.
                                              SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

                                              Comment

                                              • BuggyG
                                                Confirmed User
                                                • Oct 2002
                                                • 4179

                                                #24
                                                just wanna bump

                                                Comment

                                                • bringer
                                                  i have man boobies
                                                  • Jul 2003
                                                  • 13082

                                                  #25
                                                  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

                                                  Comment

                                                  • Basic_man
                                                    Programming King Pin
                                                    • Oct 2003
                                                    • 27360

                                                    #26
                                                    Originally posted by thinkx
                                                    time to move see sig!
                                                    See MY sig :D

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                                                    Comment

                                                    • jayeff
                                                      Confirmed User
                                                      • May 2001
                                                      • 2944

                                                      #27
                                                      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.

                                                      Comment

                                                      • loverboy
                                                        When it rains, it pours
                                                        • May 2003
                                                        • 20609

                                                        #28
                                                        Originally posted by Sly
                                                        Is this regarding a $14.95 account?

                                                        Comment

                                                        • ssp
                                                          Confirmed User
                                                          • Jan 2005
                                                          • 7990

                                                          #29
                                                          This thread has turned into hosting spam.

                                                          Comment

                                                          • PbG
                                                            Confirmed User
                                                            • May 2003
                                                            • 1025

                                                            #30

                                                            Originally posted by axelcat
                                                            you can sue whom ever you like, but it does not mean that you can win

                                                            Uncensored-Hosting | Photography by Gus

                                                            Comment

                                                            • Zester
                                                              Confirmed User
                                                              • Jul 2003
                                                              • 5344

                                                              #31
                                                              Originally posted by ssp
                                                              This thread has turned into hosting spam.
                                                              and how much of a suprise is that?
                                                              * Mainstream ? $65 per sale
                                                              * new male contraception

                                                              Comment

                                                              • Twisted_Shane
                                                                Registered User
                                                                • Jul 2004
                                                                • 33

                                                                #32
                                                                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

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