Legal Question in Technology Law in California

Internet host and mail host preventing my access to my email

I have been involved in a verbal dispute that has now extended for over 2 weeks. They are now preventing me from accessing my email. I feel this is unlawful as the email sent to me is MY property. Isn't this considered stealing? Do I have a case against this vendor?


Asked on 6/13/07, 3:20 am

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Internet host and mail host preventing my access to my email

If your dispute is one between you and the hosting provider, you should first check the agreement between you to determine your rights and obligations.

Your email messages are not "property" in a sense that gives you any legal right to access them if they reside on someone else's equipment, unless the contract gives you such right. They're just bits of data stored on someone else's computer.

The service provider agreement is essentially a contract that (as long as it remains in effect, and you are not in breach) allows you to access data stored on their servers. Once you terminate the contract, fail to pay your bill, or whatever other breach they may allege to have occurred, they may no longer be bound to provide this service/access.

Of course, if you are completely in the RIGHT, then THEY are in breach of contract, and their liability may include any foreseeable damages you suffer as a result of being denied access to the data stored on their servers.

NOTE: The CONTENTS of the emails may include YOUR intellectual property, confidential information, trade secrets, etc., but as long as they dont use or sell that information, they're not infringing on those rights.

You'd do well to consult an attorney as soon as possible.

Read more
Answered on 6/13/07, 6:35 pm


Related Questions & Answers

More Computer & Technology Law questions and answers in California