Need lawyer due to Host Negligence and website data loss
 

I need someone to help me out with my case, my host suddenly installed windows , I had cpanel and due to this negligence all my data is gone! my website is gone, I was making 1800k a month and due to this now is all gone. I can understand hard drive crashing, but this is completely negligence. I need someone who can tell me if I have a case here, and if so what evidence to collect and how to proceed. thanks

contact me at skype

maruiz22

or just give opinion if you think I have a case and what to do

iweb.com was the host

Why didn't you have backups? Your negligence too.
Their TOS protects them against this probably. Who would you cry to if your HDD did crash?

You care so much but really had no offsite backups? WTF is wrong with you and anyone else not running offsite backups?

1800k a month?
Even if it was 1800 Pesos I would have an offline-backup!

had a major company do that. i had a backup not too fresh :(

http://94country.com/wp-content/uplo...ll-Engvall.jpg

yup the Engvall "Here's your sign" fits here.. If you were really making that much money and didn't pay for backups or have a complete self made backup of your sites.. (see picture) :helpme

Have you talked to them yet? Service Levels & Guarantees - Guaranteed Hosting by iWeb

So everything gets rewrite and deleted u mean? Or is it a harddrive failure after Windows is installed? No way to restore the data?

So you're going to do what? Put down a $5000.00 or $10,000 retainer and pay $300 an hour to try to collect ....what? You're not going to come out ahead no matter how right you are.

It was a valuable lesson. Learn the lesson. Move on.

grab as much from the wayback machine as you can and rebuild. a lawsuit could take years

As I understood it, his host just up out of nowhere formatted his server and installed windows.

take it as a learnign lesson :2 cents::2 cents:


You aint gonna sue anybody we all know that.


Next time backup and then keep secondary as well...


And its your fault as well so stop kidding yourself with "lawsuits":

That's why you should never host with your mom.

You've obviously never sued anyone. :2 cents:

Still though, OP should have had backup. Agreed to TOS probably prevents such a suit.

I can setup WHM (cpanel) to backup to Amazon S3 (really cheap) in less than a minute...

A professional with no back ups at all? None? Content? Customers? Mailing lists?

Doubt you would even get you last months hosting refunded.

Yeah.... Obviously. Obviously I'm just making it up and you've done such a rock solid job of explaining why I'm wrong, how and why suing a hosting company is going to be a profitable venture for him. Let him know what a good idea it is to not only initiate a costly and pointless lawsuit but that it's a rock solid gamble to risk having to pay their legal fees as well (depending on he jurisdiction). Good job. Informative and touching (all of which assumes the legal jurisdiction is even I. His own country and that there isn't an arbitration clause in the TOS or gat the TOS doesn't explicitly state that he's responsible for maintaining backups of the servers contents and any other relevant out they'd include to protect themselves.

It has human negligence o their part, out of nowhere they installed windows without me asking for it, due to that all data is lost. This will be a lesson learned on my part to have backup but I thought I had a case since I was making 1800 a month and It can probably take me 3-4 months to rebuild website, If I am ever able to do it. So I just hope someone had know If I could do something about like data recovery sue them compensation, how much can I ask.

What communication have you had with the host? Have they verified that absolutely without a doubt everything is gone with no chance of recovery?

Their IT team does not work till Tomorrow But they have told me that they fear all data is gone. If I never requested it and they have records I never requested It only points to human negligence. They also said they will give me compensation if data is loss, but I doubt they will give me 1800k month I was making time 4 months which is time It will probably take me to get website back again, and not counting all Chargebacks , Cancellations I will get

Sorry man :( you have got to keep your own backups.

Better check tos. That usually limits their liability to month or two of credit. You won't get anywhere suing them.

I can understand Hard Drive crashing but this is human negligence, Iweb TOS says ; iWeb Technologies should not be held responsible of any loss of data or data corruption. But does this include what I went trough?

TOS is not the end all and be all, just like a prenup.

I'm not an attorney and even I know there's a reasonable expectations of process in notifying the customer of changes in operating system, planned system maintenance, etc. I also know that stating you're not responsible, and actually not being responsible, are two different things.

At least there's hope and you might have good news tomorrow :thumbsup

Thanks for comments @Bladewire I hope everything is resolved tomorrow and this is just a bug on their end

yes it is human negligence.. yours! I still don't buy that you are making $18,000 per month. No one that makes that much money could be that stupid to not pay for backups or at least have some sort of self made backup.

hosts upgrade software all the time to keep them up to date with new server exploits. They don't wait for you to tell them to secure the server. Maybe something went wrong but that doesn't mean you shouldn't still have some sort of backups.

$1800 per month

If you do not have a signed contract with the host (and you dont), you're shit out of luck.

What kind of site was this? I'm confused why you wouldn't at least have a local backup (databases aside) for editing & such.

You are frustrated and that's understandable... but you're also acting like a child.

Life tip #1: Life is not fair. You'll get fucked over. Your car will get hit by someone with no insurance. You'll lose your job just because a guy doesn't like you. You'll lose money on investments because a partner decided to take the money and support his drug addiction or whatever. Learn from it and move on. You'll eventually learn that fighting is NOT worth it. You'll recover next to nothing, if anything at all, it will be a very long and expensive process and if you are lucky, you'll break even on your efforts.

Life tip #2: The host will not admit guilt... so don't expect anything at all. Only a complete moron would reply ro you saying "yeah, we fucked up... sorry" after you've publicly threatened to sue them.

Life tip #3: Don't publicly threaten to sue people. Seriously... grow up. You could have had correspondence and got someone on their side to admit in writing that they fucked up.. but because you are extremely immature, you're fucking that up

Life tip #4: Suing people ONLY makes money for attorneys. You are not talking about sums large enough to make a lawsuit worthwhile. You can file a claim in small claims court, they'll file to change the venue and put you in a higher court, you'll have to start paying shit tons of legal fees and you're going to realize after a point that pride and immaturity cost you much more in money, stress and frustration than some lost work and a lost site. You're determined to learn this the hard way, it seems.

Life tip #5: start treating your fucking business like a fucking business. If you were working for someone and said "oh hey, sorry man..... the entire company website is gone and it will take months to get it back and now we make $0.00 and our customers can't get valuable information through our site or purchase products"... you'd be fired on the spot for YOUR negligence. Think about that for a while.

You fucked up. Just as you claim the host was negligent... you placed what is a valuable property to you, 100% in their care with no backups at all. Thats not how a mature, serious professional person runs their business. Now its gone. Go have a beer, cry a few tears, get over it and wake up Monday and start working your ass off, go with a better host, keep regular backups of your work and start treating your business like a business, instead of a hobby.

Thesquealer is 100% spot on.

Thanks guys

Squealer speaks the truth here.

It sounds like you have a paysite. How do you not have the files?

In business, shit happens. It will never matter whose fault it is when your business has been destroyed because you were not prepared for the worst. Whether it is someone's fault or not, blaming is getting you nowhere, and it is certainly not going to bring back your business.

Get to work.

sorry to hear about your loss but the most you will get is 1-3 months of free hosting.

lesson here is always have your own backups.

On fire tonight!! It amazes me you take the time to write all that out. LOL

Seriously, I have 84 paysites. Know how many offline backups (hard drives) I have? 14. Know how many times the same content is backed up/duplicated? 3. Even then I'm paranoid that's not enough so I bought a 5 TB external drive and my shitty old computer won't recognize it so I will have to wait til July when I get the new Widows 10 machine. Til then I'm STILL paranoid I don't have enough backups.....

Only one to blame for this mess (ultimately) is you. Sorry man but it's true. Treat your content and business like the gold that it is and PROTECT IT.

First, see post 30.

Second, I'm on an indefinite road trip with just a laptop containing nothing but personal financial information and misc crap. GOOD HABITS make me back it all up every odd day of the month.

Other people screwing up and shit happening is to be expected. Your bad habits caught up with you. Sue yourself.

Dont get me wrong guys, I do have the video files saved on external drives, I do have content that is nothing to be worried about, what makes it hard is to re upload the videos I had in website, rename, do all descriptions again, those kind of stuff I know I can do all in 2 months but meanwhile website reputation will go down cancellations, charge backs. I guess it will be time consuming to redo everything again had a shit lots of videos. Which I still have them just alot of time re uploading them

Getting good legal advice on gfy is like seeing a unicorn

Ship the harddrive to them.
You should be able to rename a shitload of videos in one day. Next time keep a file with your descriptions and metadata on it. Get help from your host to get a working members area up for your paying customers. IF you need help filling it with content. We have you covered on that. However I think the most important step is for you to put up a page saying, we had a tech issue, let them be able to login and get to content.

Worry about your customers now, then go get new customers later.

Good luck.

Phoenix I might need your services do you have Skype where I can contact you? or how do I contact you. Thanks for advice

yyyyyyyyyyyooooooooooouuuuuuuu are gggggggaaaaaaaayyyyyyyy :1orglaugh:1orglaugh

Proof he's not. You're drunk posting again

http://motherless.com/C01D539

In the best of circumstances you might get a month of free hosting; but it is really weird that they would arbitrarily decide to reinstall Windows. Any idea why they did that?

Lesson for the day: back it up!