Can they really do this?

[gryndor]

What is the name of your state? CA

My friend operates a website and has it hosted with company X. This website is unique and while the content is harmless, there are people who would rather see my friend's site inoperable. So, last week someone attacked my friend's site (overloaded with packets I think was the term) and the server was unable to handle it. The hosting company X shut down the site and stalled for a week. They finally got back to my friend and said that he would have to find another provider... well crap, but it's not the end of the world, right? Except that they won't allow easy access to his files.

They offer at an astronomical price, to load the 400MB of data onto an overpriced harddrive on a unix based system and ship it to him (having no computer that is compatible). They will not allow him to come down there (to San Diego) and transfer the files to his own storage device, nor will they open up the site again temporarily so that he can FTP them onto his computer. They won't buy back the drive if he was to use that option, and they won't burn the files to DVD... and they're exceptionally belligerent and dodgy on the phone.

Can they deny access to these files? My friend has not violated any of the company's policies, and it was their decision to shut down the site. My friend had no way to back-up his files, and spending several hundred dollars to retrieve the data is unbelievable.

Thank you for reading, I hope this hasn't been too convoluted.
Gryn

 

[Zigner]

What is the name of your state? CA

My friend operates a website and has it hosted with company X. This website is unique and while the content is harmless, there are people who would rather see my friend's site inoperable. So, last week someone attacked my friend's site (overloaded with packets I think was the term) and the server was unable to handle it. The hosting company X shut down the site and stalled for a week. They finally got back to my friend and said that he would have to find another provider... well crap, but it's not the end of the world, right? Except that they won't allow easy access to his files.

They offer at an astronomical price, to load the 400MB of data onto an overpriced harddrive on a unix based system and ship it to him (having no computer that is compatible). They will not allow him to come down there (to San Diego) and transfer the files to his own storage device, nor will they open up the site again temporarily so that he can FTP them onto his computer. They won't buy back the drive if he was to use that option, and they won't burn the files to DVD... and they're exceptionally belligerent and dodgy on the phone.

Can they deny access to these files? My friend has not violated any of the company's policies, and it was their decision to shut down the site. My friend had no way to back-up his files, and spending several hundred dollars to retrieve the data is unbelievable.

Thank you for reading, I hope this hasn't been too convoluted.
Gryn

What does the service agreement say about this?
And...you friend had "no way" to back up the files? Unbelievable.

 

[JETX]

Can they deny access to these files?

Yes, as stated in his user agreement and their TOS.
However, they are NOT denying access to them. In fact, your own post says that they are allowing access.... just not in the manner that he wants.

 

[gryndor]

Well, my friend is looking for his original service agreement, meanwhile though, they ARE denying access now, claiming that he was using his site to defraud them. A week ago, when my friend noticed his site down, the hosting company said that it was a mechanical failure. When a week passed and nothing was "repaired," the story became that his site was being attacked and they had to shut down the server temporarily. THEN it progressed into, "We don't want to host your site anymore, sorry..." and after yesterday's phonecalls to the hosting company, trying to negotiate other ways to access his data, they came out of nowhere claiming that they found evidence of "phishing" and that he was defrauding their company, therefore he would not get his data back in any way, shape or form. It sounds like they can just say whatever they please to get out of this... do they have to back up their claims? Probably not...

(BTW, the site is just a photo gallery and forum... no information gathering, or fraudulent happenings... or really anything that can be mistaken as such)

 

[gryndor]

And...you friend had "no way" to back up the files? Unbelievable.

Actually, what I meant was that he had no warning to back up his files before everything was shut down permanently. I think he might have some ancient backups, but nothing recent.