Legal Question in Technology Law in Texas

Loss of database data form Web Site database

My website hosting company recently moved my websites( without prior advise) to a new sever (physical location). This caused 2 days of site down time. When reinstating the sites to the new server they used an old/backup copy version of the site and its accompanying database. This resulted in a loss of approx 5 weeks of collected data. A guestimation of the very asertainable value is over $4000. This is for lost future sales only. Other losses include my time in damage control, along with my technicians time/fees and any ensuing neccersary refunds The webistes are subscription based membership sites (not porn).

The hosting company's T & C have a very broad disclaimer clause (I have a background in writting insurance documents) with respect to data loss, however in my home country of the Uk we have an ''Unfair Contracts Terms Act'' which provides the legal system with measures to overule such biased contract clauses, espacially where such clauses negate the value of the advertised service.

My question is: Does the USA have a similar law to overide bad or biased contracts and if so is this case worth persuing?

The hosting company is based in Harris County, Texas.

Many Thanks

Trev


Asked on 6/15/07, 11:08 am

2 Answers from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Loss of database data form Web Site database

The starting point for a situation such as this is to review, in detail, the contract for service you signed with the hosting service. Disclaimers for loss of data are common and enforced. On the other hand, there are several contract laws in U.S. jurisprudence which address "unconcionable" behavior, or "adherence contracts," or T's & C's that are "against the public interest." On the other hand, no, its probably not worth bringing suit unless your damages are certain and the facts and the law applicable give you a "slam dunk" case.

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Answered on 6/15/07, 12:03 pm
Johm Smith tom's

Re: Loss of database data form Web Site database

Texas does have laws similar to the UK law you mentioned. I would need to read your host's TOS and get more facts from you before I could take this up with them. Feel free to contact me, this is what I focus my practice on.

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Answered on 6/15/07, 12:04 pm


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