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Can I sue a hosting provider for lost revenues during downtime?

Brooklyn, NY |

Yesterday, I began some service on my website. I was trying to transfer away the domain, and update some of the server settings. The result was that my website went down (not a fault of my own, but a fault of their poor system design). They told me that they recognize that the problem is in their system, but the website will be down for at least 5 days, and there is nothing that I can do about it.

Additionally, I spent 7 hours on the phone with customer service, and also lost access to all of the email addresses associated with my domain for that 5 day period.

There is a possibility the site can be down for 30+ days.

Based on value/visitor estimates of my losses will be $220-$3000/day of downtime. Is there any way I can pursue compensation?

Attorney Answers 3

  1. You will need to check your agreement with the host. I suspect that they specifically disclaim such claims.

    The answer to this question is for informational purposes only and does not form an attorney-client relationship.

  2. I suggest you read your contract to see what it says about this situation. I suspect that it is written to protect the hosting company.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  3. Those are consequential damages. per the TOS, you can't get them.

    I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.

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