Legal Question in Consumer Law in California

I had a website which was hosted by a company, charging me about $15 per month.
One day, out of the blue, my website disappeared. Contacted the "host" asking them what happened to my website. They admitted in writing, that a person working for them, accidentally erased my website. I had it made in 2008, and had it running for 4 years straight. I contacted the "host" and after several months of begging, pleading and threatening them with lawsuit, they finally started building another one for me, but it looks ridiculously elementary and is basically useless, it just is a "shell."
My question: Is the "host" liable for the destruction of my web, or I am left out in the cold with "you can't do jack" attitude?

Asked on 3/12/13, 10:16 pm

Joel Selik www.SelikLaw.com

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Yes they are responsible, subject to what the agreement provides. Did their agreement, for example require you to have a backup.

Answered on 3/13/13, 8:32 am

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I agree with Mr. Selik. You need to look at your hosting agreement. They may be absolved of responsibility if you failed to keep a back-up.

Answered on 3/13/13, 10:55 am

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