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Issues with web host provider for my e-commerce site

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  • Issues with web host provider for my e-commerce site

    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.

  • #2
    Re: Issues with web host provider for my e-commerce site

    Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; you could try to collect all of the costs and damages that you incurred. Do get a copy of the contract first, but you can argue negligence etc. no matter what the contract says.

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    • #3
      Re: Issues with web host provider for my e-commerce site

      Thanks for the response. I didn't think of negligence. I have his phone number and scheduled to discuss this issue in length today or tomorrow. If anyone else has any advice I will be checking frequently. Thanks in advance!

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      • #4
        Re: Issues with web host provider for my e-commerce site

        What does the firm say after you speak with them?

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        • #5
          Re: Issues with web host provider for my e-commerce site

          I will be contacting them today and I will update shortly.

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          • #6
            Re: Issues with web host provider for my e-commerce site

            I still have yet to contact since I wanted to gather all information first. I got a copy of thier terms of service and it is listed as follows (tried to pull clauses that apply to this situation). Let me know if you have any thoughts on this pls.

            "Site Backups While we maintain regular backups of user data, in preparation for the inevitable event of hardware failure, we have some specific rules regarding the purpose and use of these backups: as a rule of thumb - Nurples Hosting is not a paid online backup service. There are actual online services out there, that will guarantee the integrity of your data on their repository. It is not recommended that you use your Nurples Hosting account as a backup service for your data. We provide web-serving services - your disk space quota is there for files to be served up as a website, it is not intended as a permanent repository for such data. This policy manifests itself in the following example scenarios:
            No restoration of files deleted by users - This policy is, admittedly, draconian at first impression. The reality of the matter is that we cannot provide restoration of files specifically deleted by users, accidentally or otherwise. The reasoning behind this is founded in the time involved in restoring single files from tape archives - backup tape is slow, and the time involved in restoring a single file can run into hours. During this time, no updating of archives can occur - this ages the data on tape in relation to the current information stored on the servers, placing much more information at risk of permanent loss.
            Backups for rapid restoration only - the backup operates with the goal of rapid server restoration in the event of hardware failure, and the retention of dynamic data [e.g SQL databases]in the face of such events. What this means to you directly is always keep your own copy of your website - the service we provide is to serve web pages, and not to act as backup server for your data. The backup system operates to maximize site availability in the face of catastrophe..

            Indemnification - CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Nurples Hosting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Nurples Hosting, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Nurples Hosting AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Nurples Hosting SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Nurples Hosting SERVER.

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