Issues with web host provider for my e-commerce site

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Dodgiemtl

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Hi,

I recently found out that my online e-commerce site was not loading for about a week. When inquiring with my host provider about the issue. This is what their support staff replied by email:

"It appears that your site has been down for about a week or so... Some how when we transferred the data from the old servers to the new ones, your site was skipped. Unfortunately, our old servers are gone and the data has be lost for your account. Our backups are only saved for two days and are over written by new backups. Once the new backups were made, your data that was backed up was lost. We have made a new account for you in hope that you have a backup of your site. If you have a backup on your computer, you can upload it to your new account and all should be well.

In light of this mishap, I am putting in a request to have your money refunded for you current hosting account. This should take a few days. I'll let you know when the refund has been completed and how much they approved. Once again, I am very sorry for this inconvenience. If there is anything we can do to help, please let us know."


I have hosted this site with them for 3+ years. My company is registered in Canada and the web host is located in the U.S. I unfortunately have no access to a backup copy of this site since the whole backend is also lost and I did backups using it. Some notes about this site:

- I initially hired a free lance web developer to create the site using php (paid in the 2-3 thousand dollar range). Developer designed and coded the site from graphics to database with also some SEO. I cannot reach the orginal developer to inquire about a backup.
- The site was used to sell a product with an extensive database.
- A Backend was developed and contained hundreds of customers information that used my service at some point.
- The cost of hosting is around $80-100 a year

I cannot locate my copy of the agreement with the web host and I wanted to find out what course of action I can take or look into without confronting the owner yet. I do not have money to redevelop the site and I have been losing traffic and clients due to this down time. The Web hoster's owner has since replied and offered to code the backend and database, but I would have to rehire someone to design and create the graphical aspect. Is his company hold any sort of liability?

Any help would be appreciated since I am a small business owner not fully acquainted with certain laws and struggling to stay in business. I have not replied to the offer to recode a backend and database for me since I wanted to get a professional opinion. Thanks in advance and I will check this throughout the day.
 
It's not the principle of the thing...it's the money.

It will cost you more to sue the host (and you may not win and if you win you may not collect the judgment) than it would to redevelop the site.
 
It's not the principle of the thing...it's the money.

It will cost you more to sue the host (and you may not win and if you win you may not collect the judgment) than it would to redevelop the site.

I figured as much. He has offered to do some of the coding and backend work, but I would need to compile new content and pay extra money to design the graphical content and frankly I'm not sure I want to even continue with that site for the cost. What I'm wondering is there any strategy on using in this situation to get some kind of compensation? Thnks for the reply! Just wondering what my next move should be since the owner knows he made a sever mistake with my account and has already acknowledged that my site was pretty extensive.
 
Q: What I'm wondering is there any strategy on using in this situation to get some kind of compensation?

A: It's not the principle of the thing...it's the money.

It will cost you more to sue the host (and you may not win and if you win you may not collect the judgment) than it would to redevelop the site
 
The Web hoster's owner has since replied and offered to code the backend and database, but I would have to rehire someone to design and create the graphical aspect.

Dodgiemtl, take the offer of your host's owner and move on. Many hosting companies wouldn't be that generous. Filing a lawsuit against your web host will serve no purpose. Web hosting companies are very careful about defining the "Limitation of liability" clause in their Terms of Use - the same that you usually sign by ticking a checkbox when you place your order. Filing a lawsuit against your web host will most probably end is something like this:

- you will lose time and money to find a lawyer who'd engage in representing your properly in such a case
- the court will drop the case due to the lack of standing
- you will lose more money

Even though the error was on your host's end, you should still consider taking the offer of their owner and have your web site brought back online as soon as possible. One more thing, do not make the mistake of entirely relying on your web host to keep your important data safe. Many hosts try their best, but this is all technical stuff and technical stuff eventually let every down. Be sure to always keep a local backup copy of your web site. This way you will not face the same problem again and whatever happens, you will be able to restore your normal web site operations in no more than a day (in the worst scenario).
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