Legal Question in Business Law in Alabama

Personal Property Being Deleted Without Notification

1. I agreed verbally to allow a web server owner to host my internet site. He did not state that there were any content restrictions either verbally or in writting and admitted this in an email.

2. He allowed access to the webserver system while he had not yet taken payment although provided with my credit card.

3. Several days after working on my personal site he sent an email stating he disagreed with the web content and stated via email he would remove the content immediately. While he stated he would give 24 hours for me to remove the content he did not. He deleted the files within a few hours of that email and would not allow me access to gain them back. I had yet to make a back up because the site was just developed on March 9, 2003.

4. Eventually he did provide a few files ''recovered'' but did not give me any of the content he felt was inappropriate.

5. The site was an events page but very taxing to rebuild and needed to be done. What recourse is there against this person for lost time/emotional distress/unfair business practices?

I have saved all of the emails for review.


Asked on 3/19/03, 2:32 pm

2 Answers from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Personal Property Being Deleted Without Notification

Well, there is probably some recourse available to you. Is the web server owner located in AL? Legally, this person's actions could conceivably encompass breach of contract, conversion (basically the civil version of a theft), deceit, fraud, trespass and deprivation of possession. I would have to know more of the facts to give a detailed opinion but these are some basic actions for which you might have cause. I would suggest that you contact an attorney directly if you wish to pursue this as there are any number of factors that could affect your case and how much damages, if any, you might be entitled to. Good luck.

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Answered on 3/19/03, 3:11 pm
Frederick Choi Law Offices of Frederick H. Choi

Re: Personal Property Being Deleted Without Notification

You may have certain claims, especially if theyare refusing to return intellectual property, or files which rightfully belong to you. Your damages may include the actual value, if any of the files and potentially the time and effort to reconstruct the files. As well, there may be a breach of contract issue with the hosting agreement. If you are in the area and require further consultation, please feel free to call.

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Answered on 3/19/03, 7:00 pm


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