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Have you ever had to lawyer up over a hosting dispute?

General Discussion by Richard7 3 replies 154 views
Richard7

Member OP

Pentium III Enjoyer

4 #1

Back in 2009 I had a dedicated server with a shop that went belly-up overnight. They had my data, my backups, everything. I sent letters, emails, even drove to the colo once. Never got a thing back. Talked to a lawyer, he said the LLC had no assets, suing was throwing good money after bad.

So my answer is no, not formally. But I came close. Curious if anyone here has actually filed, or if the "we'll see you in court" moment is mostly bluster in this industry. The TOS always says Delaware or somewhere equally inconvenient for small timers.

What's your story?

SPARCstation 20, still serving HTTP
tarekcai

Member

spaces are for websites

#2

Never lawyered up
Came close once with Contabo
They billed me for 14 months after cancellation
Kept auto-charging
Sent demand letter myself
Used a template from some legal site
They reversed everything in 48 hours
No attorney needed
But I had documentation
Every ticket
Every email
Timestamped
Code is life
Life is tabs

techmei

Member

#3

I actually go to arbitration once XD with OVHcloud, two server down for 72 hour, no explanation, my client very angry. The arbitration clause in TOS say Singapore, I am in Taipei, will not fly there for 800$ dispute. They know this. I make chargeback instead, bank side with me.

Arbitration = provider wins by default
Chargeback = sometimes customer wins

XD

carlos2

Member

#4

Asking because the ones that do tend to be the ones that disappear fastest, then you have no recourse at all. No paper trail, no jurisdiction, no lawyer gonna touch it.

The Delaware thing is real though. Friend of mine actually won in small claims against a provider, became a footnote in their FAQ about "jurisdiction in Delaware." they updated it within a week. He framed the screenshot.

not your keys, not your coins

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