Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

If a hosting company (for websites) hosts data for a company…

Customer Question
If a hosting company (for...
If a hosting company (for websites) hosts data for a company and suspends a customer for a payment issue, would it be considered a duty for their company to properly notify the customer prior to any deletion of data? A hosting company was hosting our data. We were slightly behind on one of our bills. We called them and made a 50% payment in good faith and told them we needed a little more time to get the account in good standing. Approximately 10 days later, I called to make the remaining payment - to learn that they deleted all of our data. Customer records. Expensive software development that took years go build. They did not provide proper notice in the form of a clear e-mail or phone call. They claim they have a disclaimer in their user agreement that gives them permission to delete data and limits their liability to 12 months of service fees.While I feel they may have the user agreement to fall back on, I feel they were negligent and could have simply sent a quick clear e-mail to the tune of 'DATA PENDING DELETION' or a phone call to the same tune. But, nothing. I threatened to sue. They offered to settle for pennies on the dollar to what it will cost to replace the data. They made no commitment to change their process. Could I still prove liability and possible receive punitive full real and punitive damages?They also claim that their agreement forces arbitration in Nevada, though I feel it may still be possible to file locally.Thanks.
Submitted: 11 months ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 4 minutes by:
9/19/2017
Business Lawyer: Lucy, Esq., Attorney replied 11 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 32,264
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Did you look at the service agreement to verify whether it says what they're claiming?

Ask Your Own Business Law Question
Customer reply replied 10 months ago
They did have something in the contract but I just accepted their settlement to be done with it.
Business Lawyer: Lucy, Esq., Attorney replied 10 months ago

I can understand that. It sounds like you don't need any more help with this, but let me know if you have any other questions.

Ask Your Own Business Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 2,053
2,053 Satisfied Customers
Experience: Experienced lawyer

Infolawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

2,053 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

683 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I am having a little bit of trouble grasping exactly what my
I am having a little bit of trouble grasping exactly what my company may need to do to ensure we are GDPR compliant. If we have a web application and people are signing up for it - but we don't regula… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,387 satisfied customers
I am starting a diesel tuning business for agricultural
I am starting a diesel tuning business for agricultural equiptment and semi trucks and need advice … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
According to the FTC, Massachusetts does NOT allow sellers
According to the FTC, Massachusetts does NOT allow sellers to sell things "as is." I downloaded a terms and conditions template and I am working on editing it. But there's one clause that is confusing… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
Could one of your attorneys help me to compose a letter to
Could one of your attorneys help me to compose a letter to be an official complaint registered with the CFPB for a dispute that involves a website that owes me money, but which I can't collect due to … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What legal documents do I need for a Online Ecommerce
What legal documents do I need for a Online Ecommerce Marketplace? (terms of service, privacy policy, EULA) Is that everything I need or am I forgetting something?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
How to properly define what I think is a scam based on your
How to properly define what I think is a scam based on your knowledge of what the law says: I work here at a full time job that most people would say is the responsibility of a low level worker. Now, … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
FOR -BIZAW: Kindly re-read last question you answered for me
FOR RICHARD-BIZAW: Kindly re-read last question you answered for me for context as this relates to the same matter. Does a Canadian company have Nexus by virtue of doing business with U.S. customers a… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
If my computer which contains many customers 'ID is
If my computer which contains many customers 'ID is stolen, should I have resposible to customers if ID is used illegally by somebody?… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
A customer of my SAAS company split and are fighting over
A customer of my SAAS company split and are fighting over account ownership. I'd like to know who should get ownership. Here are the sequence of events so far. 1. Bob from Company A is the original ac… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I own a small web design company in Louisiana and would like
I own a small web design company in Louisiana and would like to add a third party clause to my ToS. I use third parties to also serve my clients. Some, like the hosting provider and domain name regist… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hello, We are a web hosting company. We offer customers
Hello, We are a web hosting company. We offer customers an entire web hosting package, which includes their own personal email on our servers (ie. *****@******.***). They log into this email server vi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
Ive worked in I.T for many years and Ill be starting a home
I've worked in I.T for many years and I'll be starting a home based business that will provide other businesses a simple backup solution. It will be a month to month contract/service and clients will … read more
BizIPEsq.
BizIPEsq.
Employment Technology & Business Lawyer
Doctoral Degree
375 satisfied customers
We hired Main Street Hosting 2 yeras ago and paid them 2500.00
We hired Main Street Hosting 2 yeras ago and paid them 2500.00 and then again last year. We were at the top of google where we needed to be both years. We were at the top with the links they had place… read more
MShore Law
MShore Law
Attorney
Doctoral Degree
1,233 satisfied customers
I am a computer consultant and have an open contract with a
I am a computer consultant and have an open contract with a business attorney to provide computer services on an regular basis. The contract has an annual expiration date. In short, I am providing reg… read more
socrateaser
socrateaser
1,031 satisfied customers
Whats the best legal structure for a company that provides
Whats the best legal structure for a company that provides voice broadcast software. Out of the gate we will have 75k contract payable over the year with no employees that are not owners. Profits will… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
778 satisfied customers
I am a Medical Billing Company I have multiple Medical
• I am a Medical Billing Company • I have multiple Medical Providers that I input and electronically transmit their medical claims on their behalf • I use a Medical Billing Software Program that was p… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
Georgia/Alabama law experts Where can we obtain a business
Georgia/Alabama law experts: Where can we obtain a business lawyer's FREE assessment and review of a potential business contract that we are drawing up (9-pages total) and get pointers and possible lo… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am an SEO company and have helped a client get to the top
I am an SEO company and have helped a client get to the top of google for their industry. I have a verbal contract that has been acknowledged by the customer where it was stated that the customer woul… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,053 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x