3 Year Contract?

[ernbar]

I have directweb.com as my internet service provider and it has been down since Friday and is still not working and it is now Monday night. I called them and they told me that there ISP ziplink folded on them (I got this statement off Ziplink web site--We regret to announce that we plan to suspend operations effective today, November 17, 2000. In connection with the wind down, we have agreed to sell certain of our assets to an unaffiliated third party, WorldNET Access, who is expected to maintain our Network and access numbers. WorldNET Access will have approximately 380 access numbers available for immediate use. In many cases these are the same numbers you are currently using.) and now Directweb is looking for a new ISP to take over. In the mean time I have lost money day trading stock because my internet is down. Is there any way to recoup my loses due to there down time such as a class action or legal suite against them? Is there a way to get out of my 3 year contract with them due to them changing ISP without any notification?

 

[ALawyer]

I don't believe you could possibly recover consequential damages due to an inability to trade shares.

Apart from the fact that they probably negated any obligation for such damages in their contract with you, there are numerous other ISPs and you could have immediately signed up with one.

As far as getting out of the contract, it would depend on exactly what it said -- but I wonder if they would sue you on it if you told them they breached and you can not have interruptions and you are regarding the contract as terminated and will get another ISP....