Can I sued the company that host my website?

[tomylim]

What is the name of your state? California
I have an online store that is already in business for more than 2 years.
2 years ago i buy a reseller hosting account from some seller in ebay(let's saythe name is xxhost). Ever since, i have been paying $15 / month for the hosting. I use it to host my store and also my friends website. The payment is made automatically by paypal each month.
Suddenly on 04\15\2005, they cancelled my account and deleted all my files without notice. They said they cancelled it because of my request.
From January 2005, I did suddenly receive billing from an unknown company(lets say yyhost) charging me $15 from hosting with package completely different than my current hosting package. First I ignore it, but they keep sending me the invoice every month, and it shows 0 bandwidth and $15 due. I start to think that this might be some of my old hosting company that did some error and charge me. The 0 bandwidth means the account is never used(My hosting account usually used more than 1Gb bandwidth /month). So i email yyhost saying that i did not want to use their services.
Based on this single email, xxhost closed our account without notice.
By closing the account, they also deleted all of the website that is under my account.
The bad news is, I don't have any backup for my website and others. I have spend a lot of money paying people to create my website. And also countless hour to enter the product. Not to mention my friends website that was also lost without backups.
Can I sued xxhost because they close my account without notice?

 

[racer72]

Can I sued xxhost because they close my account without notice?

Is it xxhost's problem that you did not know that xx and yy were one in the same? Of course not, your the one that cancelled the account. And it is always your responsibility to back up your files, not the host.

 

[tomylim]

Thanks for the response.
I know, i am dumb, not to backup the data. However, the request to close the account is made to yyhost, and there is nothing the invoice that says xxhost.
I didn't have any clue that yyhost is xxhost based on this fact:
1. The invoice come from yyhost.
2. It says that bandwidth usage for every month is 0%. Which is impossible, since my website alone will generate at least 1Gb bandwidth/month.
3. It says that i have 300/500 hosting plan. My hosting plan is 400/400.
4. It didn't says that the amount due will be taken automatically from my paypal.
5. They still charge the payment for this month to my paypal account.
Their terms of service says that they are not responsible for any lost of data or files.
Does this means that they can delete anything anytime?
Thanks.