Winning case, or not?

[stoavio]

Maybe he's been with them long enough that the hardware unit ran out of warranty.

Perhaps but if not, he definitely should not have been charged and they should have made every effort to install a new hdd or take an image of his current one, load it up on a new one and swap them. It's likely that I would have been a little reluctant to pay for the new drive as well seeing as I didn't cause the malfunction.

 

[jmweb]

Well, this is my experience with rackshack.net(now ev1servers):

We had wonderfull bosnian online comunnity running well. About 15 000 members, 10-15 new members daily, 150-200 000 monthly unique hits and more than 1 000 000 (million!) monthly page views...

One day, I noticed our website is not running ?!?
httpd was down, httpd restarted but nothing .. I couldn't get it on ..
I did nothing that could affect this, honestly nothing.

I contacted support and explaind my situation, they replied that they'll check it. Next reply said that reboot is required.

And finally in about 2 hours later I recived 3rd reply. System was out of swap memmory and they can't boot it again, and they will have to replace HDD?!. Disturbing part comes now.. If I want so, they will put old HDD as a secondary for ADITIONAL cost.

I said NO, it wasn't my fault ?!? Let me just recover my data and you unplug it...
They said I have to pay !
NO !

And that was the end of our friendly, fast growing online community ...

I'm kinda man of principles and I didn't wanted to pay for it, about $ 60..
Now I regret because of that.

So, I probably would never sued them, but if I did, what would it happend?
Then, I knew nothing about their SLA's & TOS's etc., nor USA laws - same as now

btw: my writen english is just :ziplip: , sorry

SUE
SUE
SUE
SUE
SUE
SUE

Thats all we hear now-a-days, im going to sue you for cutting me off on the highway and putting my life in danger, we will call it assault ( ), Tie Domi is sueing a radio host because he made comments on Tie's wife...The radio annoucer was fired and Tie Domi is sueing, come on people! Now a days things that make people unhappy like this is all about sueing, nothing more.