Do you know any lawyers..?

#1

I'm really tired of these shady ass webhosts...

I'm sure many of you know our troubles with hosts...Its not a lack of me paying for them, its just they feel they can do a shitty job, and that be that...

I and others have lost lost of time and effort, ALONG with data...

For instance, this latest issue w/ayhja.us ...I've been emailing these fuckers for days, and when I finally get a response, this is what he said

The account was suspended because the server was being used as a file server not for hosting.

I am a webhost myself...Now, correct me if I'm wrong, but...If I sell you a package, and you stay within your limits in terms of space and bandwidth...What the fuck is the difference..? And, since he said that...Do you think that he refunded me my money..? Heh...

So, I'm going to take legal action if I can...There has to be damages, or something I can get...Loss of business...I don't know...I'm just tired of this shit, it has gone beyond and I don't want to keep taking this shit on the chin...Somebody needs to be held responsible, and if I'm paying the bill, and nowhere on their TOS does it say file serving is prohibited...This is some bullshit...

So, if any of you know any lawyers that can lay out a few options for me, I'd appreciate it...

#2

Your damages would be loss of expected business and refund of money you paid since services were not provided.

Now, you need to read the small print REAL careful before moving forward with it though. Common sense has nothing to do with the law. If they said you can't be a file server, and you did so... knowingly or unknowingly, you violated their terms of use. However, your money should still be refunded since you did not get service and/or goods for your money. A service has to be provided in order for them to keep your money. They can't just cancel your account AND keep your money.

#3

AYHJA said

So, if any of you know any lawyers that can lay out a few options for me, I'd appreciate it...

While I'm sure you mean well, hopefully you know I'm smart enough to know those things you mentioned, which is why I asked for legal advice...As in, "I have a lawyer friend, I'll ask him and see what he says..." kinda thing...

#4

Well, I do have a lawyer on retainer, and I will ask him, but he is going to say the same thing. Stay tuned.

#5

OK great ruff, that's what I need to know...

Bascially, we have about 30 GB's of data stored on ayhja.us...We have had it all wiped out once before...And now he's come back with this shit...

I've read the TOS thoroughly, there's nothing there are file serving, hosting...Its the same thing...Its like telling someone renting an apartment that its meant for full time living, and they can't rent the space as a summer home...In my eyes, he has violated the contract, if he had said that there were stipulations to my hosting things there, I would have never bothered...But now, we've all wasted all this time and he pulls this shit...Hopefully, I can just move the files to this server, and be done w/it for now...

So if I need to explain the situation a little clearer, let me know...

#6

Ok, the verdict is in. Without seeing the contract and knowing EXACTLY what is going on, basically what I said stands. You could sue for loss of business and breach of contract. However, it will cost you more in legal fees than you would get back from them. You can send them a request to just give you your files back and refund your account minus the time you actually got use of the server. From there, it becomes your people will talk to my people.

Me, I think of it as a matter of principal. I would sue the shit out of them. Why you ask... I'll tell you... I have nothing better to fucking do. It's all about integrity, and if they have any, they will refund the prorated amount and give your files back. If not, you let Ruffy know and I will go up to that bitch with a gallon of gas and a fucking match and we will talk about it!!!

#7

I never thought I'd say this, but I THINK I AGREE WITH RUFF..
However, the site does not mention this term when purchasing the product, nor does the FAQ (in fact, they say you can host whatever you want so long as it isn't illegal)..

BUT - the site actually resells another company's services, and on THEIR site, they do mention this term..
However, the fact that it's extremely hard to find this information means that they can't really use it as a legal argument..

Also ruff, there was NO contract..
So, I don't think he's actually entered a legal agreement..

#8

Sure he entered into a contract. A contract is formed when:

There is an agreement which consists of an offer and acceptance. Verbal, written, implied, or otherwise. Offer and acceptance is a contract.
Form: Sometimes certain formalities (writing) must be observed.
Capacity: The parties must be legally capable of entering into a contract.
Consent: The agreement must have been entered into freely. Consent may be vitiated by duress or undue influence.
Legality: The purpose of the agreement must not be illegal or contrary to public policy.

A contract which possesses all of the above ingredients is said to be valid. The absence of an essential element will render the contract either void, voidable, or unenforceable. Many contract disputes involve a disagreement between the parties about what terms in the contract require each party to do or refrain from doing. Hence, many rules of contract law pertain to interpretation of terms of a contract that are vague or ambiguous. The "parol evidence" rule limits what things can be taken into account when trying to interpret a contract.

Even if he goes month to month then, then you still have a contract of intent. They bill him automatically each month unless he cancels. This means, they intend to provide him service until he chooses to cancel said service. They still have an obligation to provide the services as stated in their user agreement, which is a legal binding contract. MEANING: If he hosts illegal content, they can terminate his account and say it was in the user agreement. If they can refer back to a document that you acknowledged reading and understanding†™‚¢‚¢¢¢¬…¡‚¬¢‚¬Å¡

‚¦ that is a legally binding contract.

Now, what they seem to be doing is a form of misrepresentation. What is the meaning and effect to be derived from "nothing illegal"? That†™‚¢‚¢¢¢¬…¡‚¬‚¢¢¢¬…¾

‚¢s a very open-ended statement. In all honesty, if you quote something and do not give its originator credit, you committed a crime of plagiarism by text book definition. I think AYHJA can get his prorated money back, but then it becomes a question of time and money vs. damages received being worth it.

Never count me out guys... I may just surprise you once in a while.

#9

From what I remember from my law papers , Gotta agree with ruff. That is a binding contract. However you gotta be more specific on what the terms of the contract were to have better case against them.

#10

Great, great info...Thanks ruff...

What I'm going to do is this...

I'm going to give him till Monday to give me my files back...If he does that, he can fucking keep that monthly fee...I will move those files to ayhja.us, and just get hosting elsewhere in the meanwhile...Bottom line, I just want my files...

If he doesn't, the first thing I'm going to do is contact paypal and file a dispute with them...I will write them a letter informing them of his business practices...

After that, its off to the races...Fuck around, and I'll own that server...