NYCPHP Meetup

[Paul Reinheimer]

I would give up and pay them, and not bother trying to get the money
back, once you pay them the chances of them doing a CC refund are
somewhere between slim and none.

I also don't think your legal grounds are as firm as you think they
are. Just because the files belong do you doesn't obligate them to
help you get them. If someones rollerskates appeared in the middle of
my fenced in property I doubt I am breaking any laws by refusing to
get them for the owner, with or without some sort of a fee. I would
estimate your legal recourses against the incumbant host to also be
between slim and none.

The only company who owes you anything is your old host, and even that
depends on when everything went down. If it happened at the end of
your billing cycle (ie end of month) you've got nothing, your terms of
service probably explicitly allowed for this to happen. If it happened
mid billing cycle (ie you have paid for more than you received) you
might have something. You have the same rights to the property of the
new defunct host as the one that took them over, albeit just not in
the same fiscal range. You could offer your claim (were talking
pennies on the dollar here) on the defunct's host debt to you in
exchange for your files.


paul
(ianal)


On Thu, 02 Dec 2004 21:00:45 -0500, inforequest
<1j0lkq002 at sneakemail.com> wrote:
> csnyder chsnyder-at-gmail.com |nyphp dev/internal group use| wrote:
> 
> >On Thu, 02 Dec 2004 17:19:52 -0500, inforequest
> ><1j0lkq002 at sneakemail.com> wrote:
> >
> >
> >>>However i dont have a local copy of the files and i do need them.
> >>>
> >>>
> >>That's your bad, so pay the fine.
> >>
> >>
> >
> >Or if not a mistake on your part, a life lesson worth 20 bucks -- keep
> >local copies of everything you put on a remote server. You never know
> >when the disk/server/isp/datacenter is going to take a walk.
> >
> or the server compromised. It amazes me that we know hosting servers get
> compromised, yet it certainly seems that after rebuilding the server
> they just dump the user files back onto the server ass-is from the last
> backup. If that happens, I dump my files and republish. You never know
> what you might find in there.
> 
> 
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-- 
Paul Reinheimer
Zend Certified Engineer