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Jun 19, 2013, 8:05am

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THIS FORUM IS FOR ALL OF THE HOSTV CLIENTS AFFECTED BY THE RECENT SERVER FAILURES. WHILE HOSTV WAS SUPPOSED TO BE DOING DAILY BACKUPS THE DATA LOSS HAS AFFECTED A "SMALL GROUP OF CUSTOMERS" - WHICH SEEMS TO BE EVERYONE! PLEASE JOIN AND COMMUNICATE ANY INFORMATION TOWARDS LEGAL ACTION THAT MAY BE TAKING PLACE.

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Keptic
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Legal action pending
« Thread Started on Aug 29, 2010, 10:04am »		[Quote]
Hi to all frustrated HostV customers. There is a possible legal action pending due to HostV's "Bait and Switch" methods of doing business.

If anyone is in the process of filing legal claim, please let yourself be known here so other customers, like myself, can join in.

Please register to post.
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msjacquiic
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Re: Legal action pending
« Reply #1 on Aug 29, 2010, 10:31am »		[Quote]
I'm based in Tennessee, USA -- I'd most certainly be interested in joining such a legal action, as are a few clients of mine.

Jacquii.
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It sure would be nice to put one or two or three of my web links right here. But apparently my sites are offline. Thanks for nothing HostV.
123com
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Re: Legal action pending
« Reply #2 on Aug 29, 2010, 10:57am »		[Quote]
I am based in the UK, I would be interested in joining such action.

However, I want to explore all possibilities before I possibly waste (any more) money on this.
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alalalal
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Re: Legal action pending
« Reply #3 on Aug 29, 2010, 10:59am »		[Quote]
Count me in too.
(Based outside of the US)
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msjacquiic
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Re: Legal action pending
« Reply #4 on Aug 29, 2010, 11:05am »		[Quote]
Same here 123com - Money indeed does not grow on trees here in Tennessee. Not that I've ever seen anyway.

One thing to also consider though is the kinda trickle down effect. HostV issue --> Our Server down --> Our clients sites offline. So for me - not only am I interested in such a legal recourse -- but I think I can speak on behalf of my clients when I say that they too would be interested in such a legal recourse. I was practically in tears when I had to tell my newest client that his site is potentially gone, just evaporated as if it never existed. I only migrated his MyBB board to vBulletin and put it on my VPS a little over one week ago... And another client just paid for a revamping of his website on my VPS -- I'm really in no position to be doling out hundreds of dollars in refunds. ((sigh...))

This is just a ridiculous shituation and I can only think of one for the blame = HostV.
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It sure would be nice to put one or two or three of my web links right here. But apparently my sites are offline. Thanks for nothing HostV.
dreamwalk
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Re: Legal action pending
« Reply #5 on Aug 29, 2010, 11:31am »		[Quote]
FYI if you havent already seen my post on WHT or the HostV forum, we are looking into legal action for this and have started an email list. Email me on animatix@hotmail.com to be included in correspondence. Looks like lots of people were affected by this and I for one will not let it go without pursuing this legally.
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jvonryan
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Re: Legal action pending
« Reply #6 on Aug 29, 2010, 12:00pm »		[Quote]
I think there may be little we can do legally. Their TOS state they are not responsible for any data loss. The only thing we may have going for us is the email they sent in Dec 09 that states:

"Introducing ServerSnapShot, powered by R1Soft. ServerSnapShot is an Enterprise level backup system, that allows a snap shot to be taken of all files and databases in a website, compress, encrypt and then securely storing remotely in a physically seperate location. A simple request to support in the event of accidental data loss or emergencies is all that it takes to restore your data. We continue to utilize Hardware RAID drive setups, which makes Server Snap Shot a dual layer data protection setup."

I posted this same thing on their forum but it was "moderated" .. not posted. I am finished if they can't restore my site.
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msjacquiic
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Re: Legal action pending
« Reply #7 on Aug 29, 2010, 12:08pm »		[Quote]
Several people have mentioned their TOS - but at the same time fail to mention what I posted earlier on WHT:


Quote:
Perhaps they do [have the TOS section] - but they also clearly have stated on their specifications page for their VPS "ServerSnapShot is powered by R1soft Enterprise Continuous Data Protection & Backup. Your server will be FULLY backed up to our external backup storage server on a daily basis through ServerSnapShot to ensure your data is safe and protected." -- so that clearly might be considered some sort of conflict, or rather, a bait-and-switch which most people (including a possible jury) would frown upon.

So HostV - are ya'll in the business of baiting and switching? How can you possibly justify telling us our data is simply gone!?!?


Thus far noone has responded to that - It'd be interesting if Cirtex came online and said, "Yes - it was a bait and switch. We are so sorry." But that'd be too easy lol
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It sure would be nice to put one or two or three of my web links right here. But apparently my sites are offline. Thanks for nothing HostV.
Fla5h2001
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Re: Legal action pending
« Reply #8 on Aug 29, 2010, 12:37pm »		[Quote]
:-[

I too am "finished" if I don't get any of my data. My customers will be filing legal action against me tomorrow.


I need to get another VPS setup asap through another provider, suggestions?

I do believe we have a case against them. This is what they have on their site. All a lie. I too kept with them as of recently due to all their adverting about how good their backups were.

Full Daily Backups & Incremental Backups for up to two weeks.
Multiple restore points from the previous 7 days.
Restore any file, email, database or even your complete account at anytime by contacting us.
RAID protected enterprise data storage servers.
High Performance - ServerSnapShot results in minimal performance impact during daily backups.
Bare-Metal Disaster Recovery: Restore servers directly from disk-based backup.
End-To-End Strong Encryption of Backups.
Backups are compressed and stored securely in physically separate backup storage servers
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hostvmichelle
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Re: Legal action pending
« Reply #9 on Aug 29, 2010, 1:11pm »		[Quote]
We are trying to recover data from backup but at this point we want everyone online first. Instead of everyone being offline while we try to recover data it is important to us to get all vps recreated so clients with local backups can restore sites or put up "under construction" pages so all sites are not completely offline. This has been a very rare scenario with failure and we're issuing full refunds to those requesting. For those who wish to stay with us we are offering 3 months of free service.

Everyone who might have been affect by all this should have received an email by now explaining everything we know to date. Our staff, the datacenter staff and staff from R1Soft are working on saving as much data as possible from the old harddrives.
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msjacquiic
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Re: Legal action pending
« Reply #10 on Aug 29, 2010, 1:29pm »		[Quote]
Hi Michelle, I personally have been up for over 24 hours now worrying about this. I have 4+ years of data I hope has been backed up and salvageable. My support ticket ID # is DGJ-791176 - There has not been a response since 7:40 AM and the responses I have received are laughabe:

[image]

At some point - I'm going to lay down and rest my worried nerves. I hope that after my rest - you or some other HostV personnel will tell me that my data has been salvaged, that the thousands upon thousands of hours & years of work I've personally put into developing my sites has not simply evaporated as if it didn't exist.

Considering I'm 1 of what appears to be many - I do not envy you your job.

Jacquii.
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It sure would be nice to put one or two or three of my web links right here. But apparently my sites are offline. Thanks for nothing HostV.
hostvmichelle
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Re: Legal action pending
« Reply #11 on Aug 29, 2010, 1:57pm »		[Quote]

Aug 29, 2010, 1:37pm, fla5h2001 wrote:
I too have had zero sleep this weekend... its been hell and I am now physically ill. Please please please do whatever you can to restore my data. I got emails before saying that nothing can be restored, now your telling us that you may be able to get some of the data?



Not every vps lost all data, we are still working on recovering any data we can. Please let me know your ticket number and I will see what I can do
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stampavideo
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Re: Legal action pending
« Reply #12 on Aug 29, 2010, 2:15pm »		[Quote]
Michelle,
I have 3 tickets pending, and got only canned responses. One of them is: UIE-484605 . Can you please have a look? and somehow help clarifying what VPS were wiped out?

I am asking hostv to know just this: if data is available or not.
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msjacquiic
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Re: Legal action pending
« Reply #13 on Aug 29, 2010, 2:25pm »		[Quote]
quoted from Perhaps there's hope yet...? Maybe.


Aug 29, 2010, 2:21pm, msjacquiic wrote:
I've just chatted with HostV Michelle. I feel a little optimistic after our chat. Perhaps there is hope yet that HostV will be able to salvage our data. I sure as hell hopes so anyway.

At anyrate - I asked her if I could share our chat. So read into it whatever you like:

[image]

Interestingly enough - only moments after we chatted there was a response to my support ticket. The response by Cirtex Jeff also gave me a weee bit of wiggle room to indulge in optimism. What he had to say:


Quote:
I am very sorry to say that the backup server is still down and we were not able to recover the data. The backup software developers are still checking that server, and we are not able to give you any assurance about that. We are still trying our best, we appreciate your patience in this regard.


So - what do you think?

Jacquii.
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It sure would be nice to put one or two or three of my web links right here. But apparently my sites are offline. Thanks for nothing HostV.
hostvmichelle
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Re: Legal action pending
« Reply #14 on Aug 29, 2010, 2:26pm »		[Quote]

Aug 29, 2010, 2:15pm, stampavideo wrote:
Michelle,
I have 3 tickets pending, and got only canned responses. One of them is: UIE-484605 . Can you please have a look? and somehow help clarifying what VPS were wiped out?

I am asking hostv to know just this: if data is available or not.



Checking on this now, I will be in touch soon
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