Legal Question in Technology Law in Arkansas
Denail of Purchased Hosting Service
I have purchased hosting service from a company and hosted with them for 3 years. Last year they sold out to another company. In thier contract they are obligated to maintain at all times the same or high level of service. 3 of my own sites and several of my clients websites have been down since November of 2002. The web host is now refusing to allow me access to my information, file and databases.
My solution was to put up my own web server and move my clients to it. I'm now being told that this is illegal because it would take business away from him.
What's the deal?
2 Answers from Attorneys
Re: Denail of Purchased Hosting Service
It sounds like a simple breach of contract case to me. If they have failed to perform their end of the deal, host your web site properly, then you are free to do what you need to do to protect your business.
You may be entitled to damages for the costs you have incurred to host your own site if it is costing you more than they agreed.
To give a firm opinion, I would need to review any written agreements between the two of you.
If you need more information, please do not hesitate to contact me at 800.403.7868 or [email protected]
Re: Denail of Purchased Hosting Service
Until and unless you receive a demand letter from a lawyer, or are actually sued, I wouldn't lose sleep over this one based upon the facts as you present them. My experience tells me, however, that there is probably a payment dispute lurking in the wings -- you may have legitimately refused to pay for service which you were not receiving, etc.
My further suspicion is that there is not enough money involved here to justify legal action by any of the parties. So, for now, just go on with your business.
Best wishes,
LDWG
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