Hello,
Complaint Against: [identifying info deleted], a web hosting company
Issue: Negligence of their employees to update my Credit Card information after my repeated requests, resulted in my website shutdown and loss of revenue in thousands.
My website [[identifying info deleted] is hosted by [identifying info deleted] and its hosting contract expired on 9/24/2007. I have been with them for 5 years since I started this company and they have my credit card information and they have been charging it automatically to renew it. But on 9/24 they shut down my website. I sent several emails asking for technical support and received responses saying that there was problem in Name Server and has been fixed and the website should be running in 24 hours. This went on for a week.
I then called the customer service and got them on after a third attempt (had to wait for more than 45 minutes each time) and the representative was able to find out the problem which was expired credit card. (Which they never communicated to me before). I immediately gave my new credit card information and asked him to update my profile get my website up and running. I got an email which said the information has been sent to billing and my website will be up and running.
Even after 3 days, my website was still down. I called again and got another representative, who said that the new credit card information I had given was not at all updated. He apologized for the inconvenience and charged my credit card immediately and said my website would be up and running in 24 hours. I then spoke to his supervisor about the whole issue and discussed about my losses and their compensation package. He said he would give me 2 days of free hosting. He then asked me to contact their legal department.
I sent an email to the legal department and feedback department explaining the whole issue. I got a response which said they are not responsible for any losses quoting the following from TERMS & CONDITIONS:
-------------------------
As per our Terms and Conditions, specifically section 16 under our User Agreement, it does state that "EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES."
It does also state that "COMPANY CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. "
---------------------------
My reason was NEGLIGENCE On their part.
Do I have a case against them? What do I do next. They have now offered me 1 month free hosting (7$).
I went through a lot of mental stress during that time due to loss of my customers, revenue and communication with my employees (emails were not working either)
Your suggestions will be highly appreciated. Thank You.
[identifying info deleted]
Complaint Against: [identifying info deleted], a web hosting company
Issue: Negligence of their employees to update my Credit Card information after my repeated requests, resulted in my website shutdown and loss of revenue in thousands.
My website [[identifying info deleted] is hosted by [identifying info deleted] and its hosting contract expired on 9/24/2007. I have been with them for 5 years since I started this company and they have my credit card information and they have been charging it automatically to renew it. But on 9/24 they shut down my website. I sent several emails asking for technical support and received responses saying that there was problem in Name Server and has been fixed and the website should be running in 24 hours. This went on for a week.
I then called the customer service and got them on after a third attempt (had to wait for more than 45 minutes each time) and the representative was able to find out the problem which was expired credit card. (Which they never communicated to me before). I immediately gave my new credit card information and asked him to update my profile get my website up and running. I got an email which said the information has been sent to billing and my website will be up and running.
Even after 3 days, my website was still down. I called again and got another representative, who said that the new credit card information I had given was not at all updated. He apologized for the inconvenience and charged my credit card immediately and said my website would be up and running in 24 hours. I then spoke to his supervisor about the whole issue and discussed about my losses and their compensation package. He said he would give me 2 days of free hosting. He then asked me to contact their legal department.
I sent an email to the legal department and feedback department explaining the whole issue. I got a response which said they are not responsible for any losses quoting the following from TERMS & CONDITIONS:
-------------------------
As per our Terms and Conditions, specifically section 16 under our User Agreement, it does state that "EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES."
It does also state that "COMPANY CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. "
---------------------------
My reason was NEGLIGENCE On their part.
Do I have a case against them? What do I do next. They have now offered me 1 month free hosting (7$).
I went through a lot of mental stress during that time due to loss of my customers, revenue and communication with my employees (emails were not working either)
Your suggestions will be highly appreciated. Thank You.
[identifying info deleted]
Last edited by a moderator:
