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The problem here is your incapability on running a business, the lack of any kind of knowledge what a business is, how connected are "cost and damage". The problem here is that you cannot even maintain an infrastructure you have clients on it.
Let's start with this: You lost half of your clients because you lost 3 days of work. Where are your backups? And, if in even a day there is a lot of work there, where is your mirrored server or hourly backup? It could not be any mistake on erasing the server, but a hardware failure. All providers do mention that they are not responsible in such a case. You should blame yourself, not the provider.
You want to sue them. On what liability? 21 dollars? IF you manage to go to court and find a lawyer to defend this, the maximum you can earn is 21 dollars! Any judge will laugh if you claim you lost 1000's of dollars because a server of 21$ had been erased by accident...
For 21$ and Windows, I guess the service from the provider is unmanaged. Windows activation is your thing, not provider's in an unmanaged service. Because, if this service has windows and it is managed for 21$, then, we hit a new low in price and you should shame yourself you put clients in such dirty cheap server.
So, if server is unmanaged, asking them to solve the issue of activation is not their obligation and usually a provider will take the extra mile if he is extremely helpful and on certain conditions. For example, his suggestions will lead obviously to replace OS, because troubleshooting a server in deep, takes time and money. OK, there is maybe a misunderstanding here and they wiped the server before your final confirmation. What did you do in the meantime? And how long after their response did they start to wipe the server?
TL;DR
Learn from YOUR mistakes and don't curse others. Curse yourself. If it was a critical server, you should have daily or, even better, hourly backups with a strategy plan (incremental backups, deduplication, database replication and for sure, at least two backups in two different locations). If you don't know the basics, then, don't drag other people with you in the sink... Learn first, plan your business, have the minimums and then, have clients.
The client can say whatever he want. he lost half a million dollars, his wife, his dog, his sleep and a pair of snickers he melted when walking because he could not sleep.
In court, there is always a connection between the loss and the costs.
If he was going to get any refund, this would be close to the price he paid for the period of the accident. Most likely, he would lose the case because in the vast majority of the TOS/AUP of the providers when the service is unmanaged, the conditions on no liability of the provider are clear and reasonable.
I see. Makes perfect sense. Besides, 3 days of downtime and no regular frequent backup for critical data is 100% OP's fault, assuming that this is self-managed server.
Was going to tag @deank but he's doing his job already.
The beating your girlfriend part or raping your dog?
Pro tip: make sure to ask for your case to be transferred to the SUPREME court.
That Pro Tip only works on Low End Tuesdays
Reselling a LET provider always carries higher risk than using the big players directly. In the end, its not so much different than buying your VPS server from hackforums kids.
Exceptions are those that actually have their own gear.
Depends on the provider. If it's a small one, go for it. If it's the size of OVH, you'll probably lose anyway, so why bother.
I still remember WATCHBANDS V. WHOLESALEINTERNET, which WSI won. https://www.lowendtalk.com/discussion/comment/1619012/#Comment_1619012
lol.
You're boned anyhow. You've failed to make backups. If it's not a fully managed service clearly backed up by agreement warranties, it's your own responsibility to make backups.
Is it time to call in the Yeti hit squad yet? They have been on stand by for awhile now, and are itching to get some action.
Any T&S or SLA with them? I doubt you can do anything with just 3 days of loss Even if they will refund small amount of money or something similar.
I doubt you can even sue or file similar case to bigger providers either. Not having HA/Backup is your huge mistake along with production usage on inactivated windows.
Try to cope and learn the lesson. I have witnessed a few in the past.
Sure, sue them big time
Yes you can, just don't expect anything but a loss of time and money on your side even if you win.
Sue them please and keep us informed
Would investing in a popcorn company after reading this thread be regarded as insider trading?
What an idiotic logic this is.
And to be parroting this is idiotic...
name the provider and you'll get better
dancersanswers.The question is not can you, it is will you?
Find others like you and find a lawyer for a class action!
(But formatting without consent surely is not acceptable)
How long will it take for the other ones to wise up?
lowendlegal.com
Do not ask for help here
The end is nigh.
Keep in mind depending on the country you live in, you may or may not be able to recoup legal fees.
Arguably... anyone can sue anyone. Whether it's worth it, is a different matter.
I personally wouldn't bother in this situation, unless you've lost a substantial amount (we're talking xx,xxx or above.
lowendlawyer.com is available. Gonna register it now.