should I sue my web host? - Page 7

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Re: should I sue my web host?

Karl Groves wrote

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did you allow (say) John Lennon, free speech?

Nah, your govt bugged his phones, tailed him, and tried to get him thrown
out of the country.

Re: should I sue my web host?

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Merika is the land of the free (and the brave).  

They welcome all and encourage free speech.

unless you're a liberal
or a commie (is there a difference?)
or a cuban
or french
or german/european
or one of them thar supporters of the UN
or black
or poor folks with no healthcare

Merika, land of the fee, home of the corporation

Re: should I sue my web host?

MGW wrote:
Quoted text here. Click to load it long as you stand inside this steel cage, conveniently located 22
blocks from the event your are protesting...

David J. Hennessy /

Re: should I sue my web host? wrote in

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Of course I'll deny it, because it isn't true. Dur.

So, why do you keep dodging the question: Yes or no, did you call a lawyer

Karl Groves

Re: should I sue my web host?

Karl Groves wrote:
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Well, some may think that's an odd question unless you are with
vistapages, but so be it. Anyhow, sorry for missing your Q. Answer, no,
but in all likelihood I will. I have a year to file, correct?


Re: should I sue my web host?

Karl Groves wrote:
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Well, except that this Usenet newsgroup is a "discussion board", without
being ridiculed.  ;)

Blinky                                                   RLU 297263
Killing all posts from Google Groups
The Usenet Improvement Project:

Re: should I sue my web host?

Andy Dingley wrote:
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Summary of what this thread has turned into:

OP: "Vistapages promised to provide the tools needed to create backups.
Vistapages did not, in fact, provide such tools, and when asked about
it, made certain promises. When asked to make good on those promises,
Vistpages reneged, and actually deleted my account."

90% of the people in this NG: "Well backing up is your responsibility,
so why didn't you do it? By the way, you're a dick."

C'mon, when did you people all turn into George W. Bush's? You're more
intelligent than this. The OP already said, many many many many times,
that Vistapages DID NOT provide functional tools needed to create
backups. This does not make the OP a "dick" or a "pain in the ass." It
makes the company's customer service crappy, and it means the company is
in breach of TOS.

Now, the company may very well have a TOS clause that says, "If we lie
to you, it's your fault, and if you piss us off, the results are also
your fault." The OP may have signed this contract with blood. It still
does not make such a clause enforceable in any civilized jurisdiction I
am aware of.

Now, will the OP win if he sues? Maybe, maybe not. Should the OP win?
Most definitely. Should the OP sue? Not really, not unless he wants to
make his life 10 times more complicated just to prove who's right. What
should the OP do? Give a geek $100, along with all of the account info,
and let the geek -- who probably knows a lot more about web hosting than
the OP does -- see if he can transfer the site. In other words, the OP
should focus on getting what he really wants, rather than on proving

Attn Paul: I, for one, do not think you are a "dick" or a "pain in the
ass." On the contrary, I think you're a pissed-off customer who has a
right to be pissed off, and who's probably even more pissed off after
the way this NG has responded to you.

David J. Hennessy /

Re: should I sue my web host?

David Hennessy wrote:
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Thank you!!!  Now I can rest.

For a nanosecond this newsgroup reminded me of the twilight zone.
Perhaps this group receives too many complaints and just decided to
give me hell. What ever the reason, I understand.

I am too stubborn, as you can see, and wanted to correct the errors
posted in this thread.

That's enough of this though.  Time for "Stargate SG-1"


Re: should I sue my web host? wrote:
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I can't believe I read this whole thread, but since I did I will throw
in my 2 cents.

I would love to hear the other side of this story. I can almost imagine
how it goes.  They probably oversell space and resources and you may
have maxed out their server, when sites/DBs get huge on an overcrowded
Cpanel box then backups and other services crawl. Perhaps they are
fending off constant attacks and got overwhelmed with that also.  Treat
your new host with respect and they might do the same.  Realize they
don't make enough off any one person to be treated like crap.  I
understand they seemed to suck badly, but if they were having problems,
they may have had 100 or so mad people all hounding them at the same
time, tech support may have been some kid in Montana, or some lady in
India named Bob. Yes they should provide you your files. If you were in
fact talking with the owner I laugh at the unprofessionalism but
haven't heard the other side.

Two weeks is a long time to not be able to transfer via FTP and every
FTP client I use has an option to resume downloads where the last one
failed, so that argument is moot, does nothing for DBs however.  I ftp
server2server at 100mbit which makes it fun but I could do the same
thing with my cell phone.

You asked for advise and didn't seem to like any of it so here it is

1. Kiss Vistapages ass and see if you can get the most current data.
(Might ask your new host to brown-nose for you, they may have better
manners at this point.) If you can's get current data, restore the most
recent to a quality host and move on.

2. Get a descent Host - Don't cheap out on Hosting.  10 gigs for 7.00
per month is too good to be true.  A good 2 gig account should be at
least 20.00 per month in my opinion, I am sure there will be much flack
about that number, but it's my opinion.

3. Buy an automatic offsite backup service.  If you are so concerned
with losing your data, at least use one if not 2 backup servers offsite
and test your backups often.

If you and the host are in the US, you don't need a lawer to file a
suit.  For the cost of filing fees and to serve the defendant, you can
take them to small claims court.  Document everything, you need to
prove damage and that they knew you would be damaged. Honestly, I don't
see anything being damaged besides your feelings, but if you have
subscribers and advertising and can prove a loss of revenues and the
fact that they knew you would substain those damages, you might have
half a chance.

I sell hosting and constantly see people in NGs cheap out on hosting
and getting pissed when things don't go as planned. We don't go cheap
so we don't get that personally.  Pay for quality, don't bother asking
me, I'm not sure I like your tone either.

After reading this thread, I can't remember seeing the domain name, how
about you post the site and let us see what you are so upset losing.
Has anyone mentioned to Vista that they are being trashed here? I would
love to hear the other side of this story...

Again, not to be rude I will say it plainly, let this be a cheap lesson
in life on the web, and I do believe there are plenty of people that
responded that have lost data/sites for various reasons, with hosting
as cheap as it is, you can mirror a site and change nameservers on a
whim or drop the big bucks on a clustered system.

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