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!

heh new host time

yep sue them =))

time to move :) see sig!

Not unless they have a horrible terms of service.

tos says 99.99% up time

Is this regarding a $14.95 account?

read your contract...

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

don't waste your time

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

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

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.

you should go with webair. :)

www.sultryserver.com :thumbsup

www.swiftwill.com

duke

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 :2 cents:

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..

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

Sue the bastards!

Then switch over to Sinxstar.com :)

DH

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

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

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

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. :1orglaugh

just wanna bump :thumbsup

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

See MY sig :D

RealityCheckNetwork.com kick some serious ass !

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.

:1orglaugh :1orglaugh

This thread has turned into hosting spam.

:thumbsup

and how much of a suprise is that?

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.