false advertising?

[kimquigley]

I live in PA, but my problem is with a company located in NC.

I have a personal website and I pay a company to "host" the site which means all my website files reside on their web server. I have been using this web host for about 9 months. On their website, they adversite "Daily Backup". Their Terms of Service (http://www.ehostsource.com/termsofservice.htm) do not specify what daily backup means, but in general, backups mean that data is regularly backed up onto a disc and if something happens to it, it can be restored from that disc.

My website was hacked yesterday and I lost a good portion of data. I asked my host to restore it for me and they said "The backups that we do are for the entire server only. If the entire server crashes, we can bring the server back up to where it was before the crash. The backups we perform do not allow us to go in and extract files for individual sites. We will not be able to help you re-insert your data."

Do I have a case to sue them for my loss? Do I have the right to demand a full refund?

Thanks,
Kim

 

[HomeGuru]

I live in PA, but my problem is with a company located in NC.

I have a personal website and I pay a company to "host" the site which means all my website files reside on their web server. I have been using this web host for about 9 months. On their website, they adversite "Daily Backup". Their Terms of Service (http://www.ehostsource.com/termsofservice.htm) do not specify what daily backup means, but in general, backups mean that data is regularly backed up onto a disc and if something happens to it, it can be restored from that disc.

My website was hacked yesterday and I lost a good portion of data. I asked my host to restore it for me and they said "The backups that we do are for the entire server only. If the entire server crashes, we can bring the server back up to where it was before the crash. The backups we perform do not allow us to go in and extract files for individual sites. We will not be able to help you re-insert your data."

Do I have a case to sue them for my loss? Do I have the right to demand a full refund?

Thanks,
Kim

**A: so where are YOUR back up discs to your website?

 

[kimquigley]

I have all of my files backed up except for the database. Now I have a database dump backed up in multiple locations, but the point was that I didn't think it was necessary for me to do it since I was paying someone else to take care of that.

 

[Ladynred]

What does it say in their Terms of Service regarding the backup procedure ?

Backing up an entire server is a routine function, however, I would disagree that they "can't" retrieve an individual's site. Unless their backup solution is only capable of full restoration and not file-by-file (which I seriously doubt having done backups for years on servers), then their reason is more likely the TIME it would take for them to locate your files in a huge backup, not that they don't have the capability to do so.

 

[kimquigley]

This is what they told me:

"I'm sorry, but it's not a matter of us not wanting to retrieve your
database. We simply cannot. Our backups are done on a server only basis, not site by site. If we could retrieve it, we would, free of charge. I'm sorry, but we won't be able to get that information for you."

And their terms of service doesn't say anything about their backup procedure.