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  1. #1
    Full Member Code Monkey's Avatar
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    June 11th, 2007
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    Can someone sue over this?
    A few days ago I had my registrar update my nameservers. No problem.

    A few days later, I asked them to update some WHOIS information. When they did this, they also changed the nameservers back to their original setting, causing my website to use a different host and behave incorrectly.

    This has cost me lost commissions. Is this actionable?

  2. #2
    The Seal of Aproval rematt's Avatar
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    Code Monkey, people can (and do) sue over just about anything these days (ask McDonald's). The question that you need to ask is; "is your loss enough for a lawyer to be interested in taking your case on a contingency basis or would it be worth your time and expense to sue in small claims court?"

    I don't know the amount of business that you lost, however you may be better off contacting your registrar, explaining the issue and see what accommodation they may be willing to make. I can almost guarantee you though that as soon as the words sue, court or lawyers are out of you mouth the conversation is over.

    It's quite possible that they may offer you some type of fair settlement which could be a refund, free services or cash settlement.

    -rematt
    "I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon

  3. #3
    Tax Paying Member
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    Have they refused to fix the problem??

    Right or wrong, more than likely you will get an explanation that some inexperienced employee made a mistake..........
    You must climb this mountain. There is no elevator. ---- Don't stick your finger in the liquid nitrogen.
    Carolina China

  4. #4
    Full Member Code Monkey's Avatar
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    They have fixed the problem (updating nameservers), but due to propagation time, I will lose commissions for most of the day today as well.

    I will be contacting them and seeing what we can work out.

  5. #5
    ABW Ambassador Daniel M. Clark's Avatar
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    Read their Terms of Service. I would almost bet there is a clause in there somewhere about situations like this and how they're not responsible. I'd be very, very surprised if there weren't.
    Daniel M. Clark
    Tech Manager
    Greg Hoffman Consulting

  6. #6
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    HecticDMC is right. I would be very surprised if a clause wasn't in the company's terms of service protecting the hosting company for these types of situations.

    Remember that instigating a lawsuit is a fairly large endeavor, and would be more appropriate in a situation where the hosting company was down for a week, you tried calling a number of times, and no one picked up. That would constitute a true material breach of a contract. In this instance, your best recourse might just be talking to a representative of the company and informing them they will lose your business unless they rectify it with some sort of compensation (ie free hosting, upgraded hosting package, etc.)

    In short, the costs associated with a lawsuit would be great, and simply contacting the company as an upset customer demanding better service is likely the best course of action.

  7. #7
    ABW Ambassador
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    As for "Can someone sue over this?", we should just have this forum parse that with the answer - yes.

    The question is, do I have a legit actionable complaint that will result in worthwhile compensation, and I would seriously doubt it in this care.

  8. #8
    Life is Supposed to be Fun! Rexanne's Avatar
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    Quote Originally Posted by chetf
    As for "Can someone sue over this?", we should just have this forum parse that with the answer - yes.

    The question is, do I have a legit actionable complaint that will result in worthwhile compensation, and I would seriously doubt it in this care.
    Peace,

    Rexanne

    Rexanne.com
    Loving Everyone's Child Creates Magic


  9. #9
    Member niche's Avatar
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    I think you are spending too much time focusing on something that is not really of any major consequence.

    Unless you are a super affiliate and have lost thousands of dollars in commission [and if you were you would have your own lawyers to advise you] you really need to let this go and move on.

    There was a problem, you alerted whoever was responsible and they rectified it. What more do you want?
    [URL="http://www.affiliatemarketingintro.com"]Affiliate Marketing Basics[/URL]

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