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I want to sue my hosting - advice

2

Comments

  • msattmsatt Member, Host Rep

    @FabioZ said:

    @martheen said:
    Liability clause actually works very well to limit how much you can win, unless the court find it illegal (which means the host didn't have a good lawyer to review it, and probably don't have that much asset in the first place anyway) or they're criminally negligent (say, claiming HIPAA compliance with fake documentation that convinced a client that already did their due diligence).

    It would be a very rare situation where you could make even a single cent more than just disputing your payment.

    Thanks. I didn't receive any encouraging news from this forum yet.

    Sarcastic comments and then no replies, just show you are too immature in the hosting world and don't want to listen to the very valuable comments which don't agree with your view.
    Troll

  • HostEONSHostEONS Member, Host Rep
    edited October 2023

    Just wondering if anybody sued owners of Dedipath ? atleast I lost over 30K even though I started migration before they went down, and had a sleepless month due to it ... a lot of my colo servers are still stuck at Flexentials ...

    And I was not their largest client, they had lots of big corporates, even companies like virmach and I'm sure everybody suffered losses due to it ...

    Owners of DP already knew that this was going to happen, it's not like they just decided that they will shutdown tomorrow

    Thanked by 1RIYAD
  • @jmaxwell said:

    He could also have been a lawyer but

    I see where this is going, clear trend ahead.

    BUY LONG 200x

  • @FabioZ said:
    Hello,
    Do you know any precedent when someone sued the hosting company where he was hosting his website and won the lawsuit? I am thinking to sue mine, but obviously they have liability clauses in their terms and conditions, hence my question if you know of anybody who won.

    Don't bother. Invest in your security to prevent it from happening again. I'm sure there's a way to also ask Google to remove the bad links from their index. And that could have been done a few days after the incident.

    No point being all emotional over it when you can make decisive steps forward regardless of your circumstances and technical knowledge.

    Good luck!

  • I'm not aware of any specific legal cases where someone successfully sued a hosting company despite liability clauses in their terms and conditions. Winning such a lawsuit would depend on various factors, including the specific circumstances, the terms of the hosting agreement, and applicable laws in your jurisdiction. It's important to consult with a legal professional who can provide advice tailored to your situation and assess the viability of your case. They can review your hosting agreement and help you understand your legal options.

    Thanked by 1FabioZ
  • MannDudeMannDude Patron Provider, Veteran

    @emgh said:
    I'm not a lawyer but

    I also ANAL

  • You lost 100,000$ in a year and you're still on shared hosting?

    Thanked by 1tjn
  • wdmgwdmg Member, LIR

    Unless the host did something extremely negligent, and even if they did or flat-out lied, the courts make it nearly impossible to actually sue and win. A prime example here (Canada, in French -- https://lambertavocats.ca/wp-content/uploads/2023/08/jugement.pdf), a judgement against Web Hosting Canada (whc.ca), all in all they did not have to give out basically any compensation on the class-action, and the majority of the settlement was claimable account credit, with very little (<$50K iirc) being a cash payout to a very limited scope of people in the claim, namely the primary plaintiff in the claim.

    So, what I'm saying is, even if you win, don't expect much more than account credit and an apology letter.... along with your $200K+ lawyer bill, which depending on the jurisdiction, you may never get paid back.

    So, what you have to ask yourself is it worth the account credit you'll receive?

    Thanked by 2homelabber FabioZ
  • LeeLee Veteran

    Do it. Let us know when you win.

  • You can attempt to sue them and losing another $100,000.

    Thanked by 1yoursunny
  • @FabioZ said:

    You want to sue a hosting company because your Google rankings dropped?

    Nice reframing bro. But you didn't understand anything.

    Just take the L and move on. The juice is not worth the squeeze.

    You've learned a valuable lesson to never rely on a single traffic channel. Diversify and keep in mind in the future that Google rankings go up and down all the time.

    Invest your energy into building in the present/future, rather than dwelling on the past.

  • host_chost_c Patron Provider, Top Host, Megathread Squad

    @FabioZ

    I doubt a provider/any providers TOS will cover your problem. Hence 0 chance of winning in the first place. Not about LET providers, any provider on the net.

  • FranciscoFrancisco Top Host, Host Rep, Veteran

    @jar said: It sounds like your website was compromised due to containing vulnerable code.

    More likely the host doesn't use cloudlinux/cagefs, so a user can walk all of /home/ and into users home directories.

    You have to run some pretty open permissions when you're cage-less.

    Francisco

    Thanked by 2jar jfreak53
  • jsgjsg Member, Resident Benchmarker

    @raindog308

    I'd add @FabioZ : where (which country) are you and where is the provider you want to sue?

  • $7

    Thanked by 1tjn
  • @FabioZ - I am guessing you lost millions. Am I right?

  • @HostEONS said:
    Just wondering if anybody sued owners of Dedipath ? atleast I lost over 30K even though I started migration before they went down, and had a sleepless month due to it ... a lot of my colo servers are still stuck at Flexentials ...

    My previous VPS business used dedipath for colo, and I won a PayPal dispute over it. DP didn't respond to the dispute at all.

    There were fortunately only 4 servers, and since I sold the host, the new owners presumably moved the servers since they also used dedipath.

    So if you used PayPal or a credit card, DISPUTE and you could get your DP money back. If you used wire transfers, you're SOL sadly.

  • You migrated to different hosting already when you started thinking of suing, right?

    You need to be more vigilant, monitoring, keeping things up to date, locked down. If it is making money for you, pay for Wordfence premium to get patches as they make it and not wait for 30 days. I'd have said Sucuri but unfortunately they went downhill ever since GoDaddy bought them.

    Thanked by 1MrLime
  • lewellynlewellyn Member
    edited October 2023

    The first problem I see is that you asked LET instead of a legal professional in the jurisdiction of the legal agreement with your host.

    None of us know where in the world the law that matters is. US case law is irrelevant in, say, New Zealand. Sure, a judge may take foreign precedent under advice or guidance. But your best bet, guaranteed, is someone who practices in the correct venue.

    The rest of us? All we can do is grab popcorn as you provide evidence for the defense to build a case without even needing to get to discovery.

    ETA: I, too, ANAL. Just to make sure everyone knows. :D

  • @FabioZ said:
    @raindog308
    it's not about downtime, it's about hacking. One of their users injected hundreds of hacked URLs into various websites on their servers. The hosting told me so. I now have over 1000+ hacked URLs indexed in google.

    --
    A few years ago because of a plugin leak, 100+ URLs were accidentally indexed in Google. It took me 18 months to get them removed and my rankings dropped and I lost over $100,000 in 1 year.

    Now we're talking about 1000+ URLs indexed. I am of course hoping that google will be faster removing this now, but in my experience stuff like this is a nightmare.

    Someone should be held accountable for this so I am exploring the route to sue them. It's a big/famous USA hosting company.

    I read all you wrote about the pain in the ass of doing this, but this website is basically my livelihood and I am pretty pissed about this whole thing.


    So can someone please answer my question about precedents? Any?

    I suppose you guys are aware of none, and most of you hosting owners reading this are just thinking of what other clause they should add to their terms and conditions.

    I think you are talking about Japanese SEO Hack which affects WordPress sites. Two of my sites were also affected by this and after 4 months, Google still hasn't removed those non-existent URLs from index.
    My sites were hosted on VPS managed by me and after that I did security hardening and after that no hacker in the world can hack my site. I dare hackers especially from NSA to try. I double dare them. In fact I triple dare them.

  • This is almost certainly OP’s fault given we haven’t heard of any large US provider being compromised…

  • OP is acting like his shared $2/mo server is a guidance that can lose $100,000/yr. But some shitty script they used ruined their SEO to eat bricks.

    Yup. Billions gone. Also --------- Dicks

  • stefemanstefeman Member
    edited October 2023

    Anything worth 100k/year is not run at 10€/m or less shared hosting. If it is, its your own fault for using shared environment.

    I hope you sue the host, cause it will only cause more financial loss for you and more drama content for us to laugh at.

    Also, please post your email here so all providers on this site can blacklist and mark you in advance to avoid dealing with such an idiot as a customer.

    Thanked by 1CheepCluck
    • The host was aware of the vulnerability before the hack and didn't take enough feasible action to protect against it, while other hosts offering similarly priced packages take action that protects theirs

    • The host didn't notify you in a reasonable period after they detected and verified the hack, and Google crawler indexed those URLs during that period

    • Your 100k loss in income is directly caused by the hack, and your direct competitor that didn't suffer the hack retains their income pattern

    Ok thank you. All these 3 are easy. They knew, google crawled right in that timeframe, and competitors are just fine.

    Apparently the security hole was in cpanel. My website is already alone on a VPS pointed through A record. But back in the days I was advised (by the hosting itself) to keep the nameservers pointing to my old shared server and just switch A record to the VPS. Which is what I did. I now realized this was wrong, but it's what they told me and I believed them.

    My website was worth around $400k (I was about to exit) and now that I have thousands of hacked pages indexed and traffic gone down immediately, god knows how much it's worth, if anything at all.

    I am already in touch with a lawyer and will try to see if anything can be done. I posted a post here thinking I would get some other valuable information, and I did from you and a couple of others.

    I also found a bunch of keyboard kids masturbating on their keyboard like @stefaman @sirfoxy and many others, be careful of spilling on the screen guys.

    Thank you to the other ones!

  • SirFoxySirFoxy Member
    edited October 2023

    @FabioZ said:

    • The host was aware of the vulnerability before the hack and didn't take enough feasible action to protect against it, while other hosts offering similarly priced packages take action that protects theirs

    • The host didn't notify you in a reasonable period after they detected and verified the hack, and Google crawler indexed those URLs during that period

    • Your 100k loss in income is directly caused by the hack, and your direct competitor that didn't suffer the hack retains their income pattern

    Ok thank you. All these 3 are easy. They knew, google crawled right in that timeframe, and competitors are just fine.

    Apparently the security hole was in cpanel. My website is already alone on a VPS pointed through A record. But back in the days I was advised (by the hosting itself) to keep the nameservers pointing to my old shared server and just switch A record to the VPS. Which is what I did. I now realized this was wrong, but it's what they told me and I believed them.

    My website was worth around $400k (I was about to exit) and now that I have thousands of hacked pages indexed and traffic gone down immediately, god knows how much it's worth, if anything at all.

    I am already in touch with a lawyer and will try to see if anything can be done. I posted a post here thinking I would get some other valuable information, and I did from you and a couple of others.

    I also found a bunch of keyboard kids masturbating on their keyboard like @stefaman @sirfoxy and many others, be careful of spilling on the screen guys.

    Thank you to the other ones!

    What? 😂 Your A record has nothing to do with your website being hacked.

    Furthermore, you can deindex links you don't want on Google yourself. There's no case here.

    That's the solution here, not suing your host. Suing your host is idiotic.

    Sorry you didn't hear what you wanted to hear.

    Thanked by 2MrLime bgerard
  • jfreak53jfreak53 Member, Patron Provider

    His website was worth $400k but he was hosting on a low end shared 🤣🤣🤣🤣 I needed that laugh thanks.

  • "I also found a bunch of keyboard kids masturbating on their keyboard like"

    Just a free piece of advice to OP: You've created this account only for this question. If you have future questions, create a new account. Otherwise I'd doubt people are willing to help you at all. Including the ones not mentioned by you.

  • @FabioZ said:
    Apparently the security hole was in cpanel. My website is already alone on a VPS pointed through A record. But back in the days I was advised (by the hosting itself) to keep the nameservers pointing to my old shared server and just switch A record to the VPS. Which is what I did. I now realized this was wrong, but it's what they told me and I believed them.

    So the website in question was hosted on a vps?
    If that's true, you have absolutely no case. If you run the website on a vps, you and you alone are responsible for managing it.

  • tjntjn Member

    Hold up.

    You came to a low end forum where people complain that $7 is too much for a VPS, for legal advice for a website potentially worth $400,000, that runs on a plugin that costs $100/year (if not GPL'd), whilst demonstrating that you don't know how DNS works?

    What's the site? Where do you live?

    The end really is nigh, eh?

  • ehhthingehhthing Member
    edited October 2023

    it's not about downtime, it's about hacking. One of their users injected hundreds of hacked URLs into various websites on their servers. The hosting told me so. I now have over 1000+ hacked URLs indexed in google.

    --

    Apparently the security hole was in cpanel. My website is already alone on a VPS pointed through A record. But back in the days I was advised (by the hosting itself) to keep the nameservers pointing to my old shared server and just switch A record to the VPS. Which is what I did. I now realized this was wrong, but it's what they told me and I believed them.

    These two are mutually exclusive. One cannot "inject" urls (whatever that means lol) using a DNS record. Either you got DNS Hijacked or one of your plugins got hacked.

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