In consideration of Payments I have employed web hosts to subscribe to their services. They dump you with no recourse

Asked 8 months ago - 11040

1980's CompuServe.com 1990's AOL.com, Liii.com, GGN.net, Eureaka.com, Intersessions.net.
After paying web host they disbanded my web page but would not help me recreate on his new gig intersessions.net. My other case on avvo is one of the downloads on the web page he hosted but has been disabled. I need help to restore my web page pdf file Stock holders agreement. intersessions.com does not respond. http://wayback.archive.org/web/20090924213955/h... or visit my profile link https://twitter.com/denarcom How do I restore my original web page and contract download? Why are internet hosts above the law?

Attorney answers (3)

  1. Maurice N Ross

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . When you subscribe to a web-host, you agree to their terms of use. Many web-hosts have very one-sided terms of use that allow them to terminate their agreement with you if they determine that you violated their terms of use. My guess is that your web-hosts determined that you violated their terms of use, in which event they are entitled to terminate their relationship with you. Further, their terms of use will no doubt provide that they have no obligation to preserve your web-pages, Because even well-known web-hosts are sometimes unreliable, I advise all of my clients to keep back-up copies of any important documents and web-pages on their hard drive or in the cloud. Unfortunately, web-hosts have no legal obligation to help you restore web-pages in situations like this.

    Some day, Congress is going to get wise to the fact that unilateral terms of use imposed by internet service providers often contain unfair and unreasonable provisions---and Congress will try to set some minimum standards (similar to the minimum standards in Obamacare). But determining such minimum standards will be very difficult, and many will argue that there should be no standards whatsoever. Why are internet hosts above the law---because thus far Congress has failed to regulate the internet in the manner that one might expect for in industry that is so central to our economic well-being? And in the current political environment where the GOP and Tea Party members seem to oppose any new form of regulation, it is very doubtful that Congress will enact meaningful limits on how terms of use are used by internet service providers to protect their interests even when it means that their clients are treated badly.

  2. Andrew Mark Jaffe

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . The Internet host is not above the law. You have a contract issue and contract law would apply. I have not seen the contract with your host (also known as their Terms of Service,) but I can tell you that when I write a TOS I put in a clause which says the host can "cancel your account for any reason, or for no reason.) I suspect the host has the same clause. If that is the case, the host is not in violation of your contract.

    You can use the links to your old site to create a new site at a new host. You should read the TOS of the new hosting site to make sure what you are doing conforms to their TOS.

    This post is provided for general informational purposes only and is not intended to be legal advice specific to... more
  3. Bruce E. Burdick

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . We lawyers on Avvo are not a computer tech support service. But if you want a new set of Terms & Conditions or other contract, some of the best in the business are here on Avvo.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

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