Legal Question in Technology Law in California
Web Host Destroys Database
In the process of trying to move my web site to their host server they destroyed my database causing me provable actual damages.
They:
1) Telling me that Orion was qualified to move a large SQL database. His (and from what he told me, even your most senior technicians) actions prove unequivocally that there is no one within your organization with sufficient knowledge of PHP to have performed such a task; and
2) Repeatedly assuring me that the situation was under control while dismissing my ongoing written and verbal pleas for an accurate assessment of the problem; and
3) Allowing me to continue to incur damages even after my numerous calls and email messages informing you of the severe and costly nature of the destruction you are doing to my company.
At no time, right up to and including now has anyone from your organization advised me that I needed to utilize someone else to repair the database damage caused by Orion. When were you planning on telling me? After my company lost millions of dollars and our message board drops from number one to number 100?
3 Answers from Attorneys
Re: Web Host Destroys Database
Sounds like you didn't make a backup of your database, and now you are whining. What does the contract say?
Re: Web Host Destroys Database
Find your hosting agreement and EM it to me. Then please call me toll free 1-877-793-9290 to discuss how we can help.
W.F. Casey Ebsary, Jr.
Attorney and Counselor at Law
112 South Magnolia Avenue
Tampa, Florida 33606
813.222.2220 Voice
813.225.0202 Facsimile and Data
www.centrallaw.com
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Re: Web Host Destroys Database
More stuff I would want to know (and no, I don't solicit business on LawGuru):
1. Did you agree to terms of service that say you can't sue them for negligently erasing your data and causing you to incur a business loss? If so, why did you agree to such terms?
2. Does your business insurance policy cover this type of loss? If not, why not?
3. Is the hosting provider responsible under the contract for making backup copies of your database?
4. Did they mess up all their other accounts or just yours?
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