Online hosting service deleted all my files

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rkgodfrey

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Hi there,
I have been hosting files with a company since 5/1/2004. This was an online service that I paid a monthly fee for years (and continue to pay) in order to keep my files online so I could access them whenever I wanted. It was so convenient because I am a computer programmer and I put a lot of my generic reusuable code there so that I could access it anytime I wanted so that I wouldn't have to write something from scratch all the time.

Well, April 18th of this year (2008) I get an email that states that they are doing an upgrade and renaming the service. In order to move our files we have to use their tool to move the files. I try it and the mover tool does not work. It does not show any of my files so it was impossible for me to move my files. So I respond to the email that they sent me stating that their mover program does not work and I am unable to move my files and I expect that since I am a paying customer all my files will be moved to the new system.

I get no response. I decide to call, but there is no working phone number for the company - it is disconnected. When I go to the site it re-directs to the new site and there is no phone number there to contact the new owners. I find a new email and send another email stating that I would like my files. When I log into my "new" account all my files are gone.

I do a "whois" on the domain name and there is no contact phone number. I find out that hundreds of other customers are experiencing the same situation by searching online and finding a blog about it. Other customers are reporting the same abuse - deleted files and no response from the hosting company and no way to reach them. Yet they manage to keep charging me monthly for their "service".

I reported them to the Better Business Bureau, but I am just curious to know what legal action I can take against this company. It just seems like an obvious example of scamming a consumer base so I can't imagine that it is legal. Any suggestions would be greatly appreciated. Thank you!
 
Did you have a question?

By the way, if you read the terms of service, you agreed that if they deleted all your files, then you could not do anything about it.
 
I'm not sure if that is correct about the terms of service. If I am paying for a service to host my files it doesn't seem like it should be legal for them to go ahead and delete all my files, but you could be right. I will have to check that. It is certainly unethical and bad business since they provided me with no ability to move the files and no ability to contact them and would not respond to emails, but maybe not illegal so I could be out of luck.

My question was is there anything I can do to take legal action against a company that does not provide the service that it is charging me for (i.e. hosting files which they deleted), but I think your response is telling me to read the terms of service.
 
Q: My question was is there anything I can do to take legal action against a company that does not provide the service that it is charging me for (i.e. hosting files which they deleted)?

A: Yes; hire a lawyer.
 
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