If you like DNray Forum, you can support it by - BTC: bc1qppjcl3c2cyjazy6lepmrv3fh6ke9mxs7zpfky0 , TRC20 and more...

 

Small Hosting provider Erases 4-Year Website

Started by gairexperaps, Jul 31, 2023, 06:24 AM

Previous topic - Next topic

gairexperapsTopic starter

Scenario: A small hosting provider mistakenly deleted a colleague's hosting account, which contained a website with four years of valuable experience. Although the site was not profitable, it had its own loyal audience which has now been lost. Additionally, money was invested in hosting and domain expenses, as well as a significant amount of time spent on development, design, layout, and content creation.

The hosting provider does not disclose the reason behind the site's disappearance, merely stating that the data is irretrievable. Surprisingly, they do not have any backups despite claiming otherwise. On the other hand, the colleague also did not have a backup and regrets this unfortunate oversight.

The only thing the colleague managed to negotiate with the hosting provider was a refund for the hosting fees paid over the past three years. However, the hosting provider refuses to take responsibility for the loss of data, the website itself, related expenses, or the wasted time spent seeking support, ignoring all attempts at communication through phone, email, and messaging platforms.

Unfortunately, there is no written contract between the two parties, only an "offer" specified on the hosting provider's website. Nevertheless, there is contact information available including an address, phone number, and bank details of the hosting office.

Given this situation, what would be the most effective tactical approach to pursue? The ultimate goal is to seek compensation for the lost website and achieve a sense of satisfaction.
  •  


Sedfinder

In this situation, it is important to approach the issue with a clear strategy to increase the chances of obtaining compensation for the lost website and achieving a sense of satisfaction. Here are some steps to consider:

1. dоcument all available evidence: Collect any evidence that proves the existence of the website, its content, and the expenses incurred. This can include screenshots, invoices, payment receipts, and any communication records with the hosting provider.

2. Keep records of attempts to contact the hosting provider: Make sure to dоcument all the times and methods you have used to reach out to the hosting provider. This will demonstrate your efforts to resolve the issue peacefully before seeking further action.

3. Consult legal advice: While there might not be a written contract, it's advisable to consult with a lawyer who can assess the situation and provide guidance on potential legal recourse. They can help determine if any consumer protection laws or other legal mechanisms can be applied in this case.

4. Write a formal demand letter: Prepare a well-drafted formal demand letter outlining the situation, the loss suffered, and the desired compensation. Clearly state the evidence and the actions you expect the hosting provider to take to rectify the situation. Send the letter by certified mail with return receipt requested and keep a copy for your records.

5. Report the incident: Consider reporting the hosting provider's behavior to relevant authorities like consumer protection agencies or regulatory bodies. This can help bring attention to their practices and potentially prevent similar incidents in the future.

6. Seek reviews and share experiences: Share your experience publicly on review platforms, social media, or web hosting communities. Informing others about the hosting provider's lack of responsibility can help others avoid similar situations. Negative publicity may also prompt the provider to address the issue.

7. Explore small claims court: If all else fails, consider pursuing the matter in small claims court. Consult with your lawyer on the appropriate course of action and the likelihood of success based on the specific circumstances.
8. Engage in alternative dispute resolution: Before resorting to legal action, you might explore alternative dispute resolution methods such as mediation or arbitration. These processes can help facilitate communication and negotiation between you and the hosting provider in a more informal and cost-effective manner.

9. Contact consumer protection organizations: Reach out to consumer protection organizations or advocacy groups that can offer guidance or support in dealing with such situations. They may be able to provide resources, advice, or even intervene on your behalf.

10. Explore potential technical avenues: While the hosting provider claims the data is irretrievable, it may still be worth consulting with a professional data recovery service to assess if any remnants of the website can be recovered.

11. Leverage social media and public pressure: Utilize social media platforms to share your experience, tagging the hosting provider and expressing your disappointment. Often, public pressure and negative publicity can push companies to address customer grievances.

12. Consider pursuing a legal claim: If none of the previous steps yield satisfactory results, and based on the advice of your lawyer, you may decide to initiate legal proceedings against the hosting provider. This can be a complex and costly process, so carefully weigh the potential benefits and risks involved.

Remember, each situation is unique, and the appropriate tactical approach may vary. Consulting with a legal professional who is well-versed in contract law and consumer rights will provide you with the best course of action tailored to your specific circumstances. Their expertise will help maximize your chances of obtaining compensation for the lost website.
  •  

brantelyolivia1320

It's your fault, no doubt about it. Why on earth don't you have any backups?
Anyway, you'll learn from this mistake and become more intelligent in the future.

When it comes to the hosting provider, if they claim to have backup services, it's best to send them an official letter outlining your requirements.
Ensure that the letter is sent through certified mail or any other method that provides a record of delivery.

If they don't respond or refuse to comply, your next course of action would be to file a lawsuit against them.

Consumer protection laws are also worth considering in such cases.

In addition, it's always a good idea to verify the licenses of the hosting provider to avoid further complications.
  •  

atele

1. Attempt to recover the content, such as through search engine caches. The assistance of users can be valuable in restoring order.
In cases involving non-standard programming, the task becomes more difficult as it may require starting from scratch.
Keep track of your expenses, as they can be compensated if you decide to take legal action.

For the purpose of receiving moral compensation:
- Examine the host's legal practices, including licenses (two in total), and leased communication points. If any violations are discovered, a threat of legal action can be made.
- Print out the offer and have it notarized before any changes are made. Consider contacting the consumer protection society and threatening legal action.

- If these steps prove ineffective, bring all relevant dоcumentation to the consumer protection society. Their services, which include preparing the application, will be paid for by the hoster if they lose the court case. It is crucial for the hoster to lose.

3. Write reviews about the hoster wherever possible, mentioning your website. This way, you can promote yourself while exposing the hoster's misconduct.

As an addition on this topic, it is important to emphasize the significance of user participation in restoring content, as well as the need to hold service providers accountable for their actions. Consumer protection organizations can play a crucial role in safeguarding the rights of individuals and businesses alike.
  •  

Sarpappoirm

It's appalling that a provider would operate without a proper backup system. I recommend gathering evidence of your communications and their claims, then consider pursuing legal action for breach of implied contract. Even without a written agreement, the provider's failure to deliver on their advertised services can be grounds for a claim.
  •  


If you like DNray forum, you can support it by - BTC: bc1qppjcl3c2cyjazy6lepmrv3fh6ke9mxs7zpfky0 , TRC20 and more...