Fort Myers, FL | on Nov 13, 2011
I have an ecommerce site that has profited 70k in the last year & has made at least 1 sale per day for last year. Sales are reliant on traffic from search engines.
the last 4 days the server my site is on from hostgator has been up & down…
Christine C McCall
Pasadena, CA
Message
Posted on Nov 13, 2011
Do you have a contract for web hosting services? Check your contract. Its terms and conditions will govern your rights and the company’s obligations in this matter.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo’s Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Marshall C Deason Jr.
Business Attorney
Tampa, FL FL licensed
Message
Posted on Nov 13, 2011
There may be a limit on damages in your webhosting contract. You should review your contract carefully to see these limits and to see what rights you have to switch hosts. if you are not sure of your rights, you should contact an experienced business lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Kevin Wesley Wimberly
Internet Lawyer
Orlando, FL FL licensed
Message
Posted on Nov 13, 2011
Web hosting contracts often have specific requirements for informing the host of problems. Even though the host may already be aware of the problems (such as overheating in the data center or other connectivity issues), unless you follow the protocol set forth in the contract for either receiving credits or notifying the company of your intent to terminate early, you run the risk of breaching the agreement. It sounds like you have followed the procedure to receive credits, so, at this point, it’s a business decision on your end…
Brent Allan Rose
Family Law Attorney
Palm Harbor, FL
Message
Posted on Nov 13, 2011
According to the HostGator Terms of Service Agreement, paragraph 9c, if they fail to maintain 99.9% uptime according to their statistics, your remedy is that they refund you one month of credit, which it sounds like they are already doing. I know you’d like to sue them for loss of sales and harm to your business reputation among other things, but it looks like your contract with them (the terms of service agreement) limits their liability to one month of credit…
Can I sue web hosting company?
I have an ecommerce site that has profited 70k in the last year & has made at least 1 sale per day for last year. Sales are reliant on traffic from search engines.
the last 4 days the server my site is on from hostgator has been up & down…
Do you have a contract for web hosting services? Check your contract. Its terms and conditions will govern your rights and the company’s obligations in this matter.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo’s Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
There may be a limit on damages in your webhosting contract. You should review your contract carefully to see these limits and to see what rights you have to switch hosts. if you are not sure of your rights, you should contact an experienced business lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Web hosting contracts often have specific requirements for informing the host of problems. Even though the host may already be aware of the problems (such as overheating in the data center or other connectivity issues), unless you follow the protocol set forth in the contract for either receiving credits or notifying the company of your intent to terminate early, you run the risk of breaching the agreement. It sounds like you have followed the procedure to receive credits, so, at this point, it’s a business decision on your end…
According to the HostGator Terms of Service Agreement, paragraph 9c, if they fail to maintain 99.9% uptime according to their statistics, your remedy is that they refund you one month of credit, which it sounds like they are already doing. I know you’d like to sue them for loss of sales and harm to your business reputation among other things, but it looks like your contract with them (the terms of service agreement) limits their liability to one month of credit…