Legal Question in Technology Law in Texas

Was spoofed, then accused of spamming, then had data hijacked by host

I used my computer in Michigan to complete an agreement with a web hosting company in Texas. Spoofers, then used my domain as a return email address for spam they sent. My host falsely accused me of spamming with that account, terminated it, and refuse to give me a copy of my valuable data. I have contacted the hosting company to request my data, but they are blowing me off. The contract states that litigation and arbitration should take place in a county in Texas.

Can I sue in Michigan?


Asked on 4/29/04, 5:38 pm

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Was spoofed, then accused of spamming, then had data hijacked by host

Generally, courts will enforce contract provisions which limit or specify where a lawsuit or arbitration may be conducted. If the lawsuit or arbitration is fled in the wrong state, then the court would dismiss it, and it would have to be refiled in the correct state.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.

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Answered on 4/30/04, 2:15 pm


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