Only your local barrister can authoritatively answer your question. But more.
Often than not, that's what those legal fine prints are for.
In these times, service providers have to limit their liability to what the law.
Possibly allows them. If you don't like it, you can: a) challenge them in Court,.
B) have the law changed or even removed (highly unlikely), or c) don't use.
Them at all. (letter c's the simplest, of course. ).
On the bright side, they adjusted your billing accordingly, it seems. It's the.
Least they can do...
Thats part of the problem. They didn't even refund us; they just added credit to our account, as if we'd continue using them after this.
What confused me is the wording of the term:.
"no guarantee"? Does that mean that they're not liable? If so, does the fact they "guarantee 99% uptime" make them liable? I never would have used this host, but it wasnt me who signed up, it was another of the admins at the site. Just looking at their ToS puts me off. Failure to spell the word recommend is a little worrying..
It really depends on how many or how much guarantees they can afford.
The bigger guys obviously can afford better ones, but not all hosting providers.
Are created equal of course.
That's why service providers have to be careful what words they put in. Any.
Slight mistake and it can still cost them.
Note they said they have a guarantee specifically for uptime. But they didn't.
Make any for backing up data, that's a separate issue.
Besides, they said 99% uptime. The 1% is where sh** happens...
About the uptime 99% uptime is what most host say and it's very vague since you dont no if it's 99% out of the day, month year, or the full time your using them. If it's out of the year thats still 7 hours a day your site is down!..
They said up front that they don't make backups of your data.
Hardware failure happens.
You didn't backup your data.
What do you want?..
Mistakes can happen all the time; it's a failure; you can't do much about it.
I think they are wrong too, to make NO backups and not even offer a refund or free year or something! Many times if this happens to a company like GoDaddy, they install a new drive and copy all backups onto the drive again. Exactly what happened with us, but thankfully our host makes daily backups.
I suggest you leave it alone and next time remember to backup your software and all and ask the host to notify you when they make an update or something on the server...
Uhmm, I just had to jump in on this. If a HOSTING company doesn't make backups, then what kind of a hosting company is that? They get hacked (or some hardware failure) and thats it? Is that what your saying? Thats pretty lame if you ask me.
EVERY hosting firm uses latest control panels and technology to make backups simple as specifying an FTP, or local drive to backup to. In some cases you would pay $20-$50 for an extra HD for these customer backups. Correct me if I'm wrong here?? We're talking $20-$50 extra per month. BIG DEAL.
In my view, if you are running a hosting company, there should be LAWS surrounding the fact that any "true" ISP / Hosting firm should have measures in place to prevent DATA loss for their customer. An "unmanaged" hosting company simply purchases a CPANEL (plesk or ensim), and a dedicated server and gives it a nameserver and never touches the box again. That is what this firm sounds like above, and that's the quality of hosts you get these days. It's too satuated. Ask your brother, cousin or relative, I'm sure someone in the family has taken up "hosting" as well. (ie: have you seen hosting plans for $0.50 to $4.95 per month) ?
I have heard way too many situations of hosting companies losing all customers data. However, it should always be priority to backup your OWN DATA, but come on, if the company will not backup your data as a standard procedure they should at least make you aware right on their front page that they do NOT handle backups period.
IF THEY DID THAT, then the guy with 10,000 forum posts would understand it's his / her responsibility to backup or risk the situatation he is in now.
Way to sketchy for my liking....
The kind that doesn't make backups. Yes, it is commonly known that this happens. Hence, it should be common to back up your own data...
Yes, a hosting company makes backup! I do daily backups and I have two drives on my server. If one fails, the other automatically will take the load..
Chill dude. Failure is the step to success!.
U've got the experience. Build it up again!.
Well, like I said in my letter to the company....
"I do not feel it is my responsibility to make backups for failures on YOUR behalf. I would be responsible for the lost data if; my personal account was hacked due to insufficient security on my behalf (such as a low levelled password or trusting the wrong people with it); Accidentally deleting any data myself; Accidentally corrupting any data myself; Installing a script or modification and deleting or corrupting any of the data by doing so. In this particular incident, none of the listed mistakes were made. The mistake made was by you (ColdMedia) and therefore the responsibility is on your behalf.".
I'm aware that I should have made backups, but unfortunately I didn't have the necessary permissions to do so at the time. Though even if I did have a recent backup, Id have still lost some data. No one can be expected to make backups on a daily basis. I just dont think it's fair that no compensation was offered for a mistake that was, ultimately, in their hands. I had no control over the situation...
Then you already answered your own question. They did offer some compensation, remember? Maybe not monetary, but at least they did. Better than nothing.
If you're expecting more, then I'm sorry to say you expected too much from.
Your hosting company.
Simple solution: change hosts. And read the fine print before you do.
If you still want to force the issue, then you know what to do...I hope...