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Lucy, Esq.
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Can someone disconnect my Internet server without warning? this

Resolved Question:

Can someone disconnect my Internet server without warning?
this 3 pages were remove and are not working without any notice from the provider

https://secure.patagonicas.com/DVD.aspx

https://secure.patagonicas.com/Trip_Payment.aspx

https://secure.patagonicas.com/trip_balance.aspx

The provider, VR INTERACTIVE from Wyoming has send just this today...but the pages are all down!
Hi Francisco and Rodrigo,

Hope you are both well. We’re looking into the ftp access issue. I need to give you a heads up on some changes here at VR Interactive. Jed has moved on and is no longer a part of VR Interactive. Due to this change in our resources, we are no longer in a position to successfully support the secure.patagonicas server and website. Right now your site has its own dedicated server through verio. We would like to transfer the contract for this server to you so you could take over its monthly cost and maintenance directly. I realize this may come as a surprise, but in fairness to you, we are no longer in a position to be able to provide the level of support and service that you will need for this server / site. Let me know if you have questions and we will begin the process on our end of looking into the transfer and will be in touch with more details soon.



Thanks

-Chris
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If you have a contract where they're hosting your website, and they remove the site without notice to you, they are in violation of that contract. The only exception would be if there were some clause in the agreement or terms of service that allows them to cancel the service. Review any user agreement you have with them to see if this situation is covered.

Usually, what a person would be entitled to in this situation is damages that are foreseeable as a result of their canceling the agreement. That could mean a refund of monies paid to them for hosting the site, since they're not doing it. If you have a business site, then you may also be able to claim lost profits from the site until you are able to get it running again. However, you have to be prepared to prove what the average profits are, and that you made reasonable efforts to get the site back up and running as soon as possible.

In some cases, these things can be resolved outside of court, if they are willing and able to provide you a refund. The starting point is usually a letter outlining how their actions have damaged you and asking that they provide you with compensation. If that doesn't work, or if you would prefer, you have the option of filing a breach of contract suit against them. You can seek up to $6,000 in Small Claims Court, which usually has forms you can file. A demand for payment must be made before filing.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 21035
Experience: Lawyer
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