California  |  Technology Law

Legal Question

Asked on: 9/26/13, 10:06 am

We are hosting our business on a web hosting company. We wanted to upgrade our plan to a more expensive but faster server, but before doing so, we specifically asked their support team IF THERE WILL BE NO DOWN TIME. they assured us through an email that there will be NO DOWNTIME. so we proceeded with the upgrade. But as soon as the transfer started, our emails, which is the backbone of our business, stopped working. For 4 days we were without emails, and we acquired a loss amounting to $9000. but looking into the terms and conditions of the hosting company, they stated "MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; " ... can we make the hosting company liable for anything given these terms? Pleas help us...

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