Legal Question in Technology Law in Florida

Denied TFP Access by Current Host

I own and operate a retail e-commerce website that sells home goods, small leather goods, gifts, etc. I am attempting to move my website from one hosting company to another. The owner of the marketing company that I had previously engaged is also a ''reseller'' of the company that currently hosts my website. I have engaged a new company for marketing and at the same time I am trying to change hosting companies. The original marketing company refuses to allow FTP access to the new hosting company and that has resulted in rendering my website inoperable. The new hosting company is unable to piece together the data and the shopping cart does not function. I called the original hosting company and they informed me that because I used a ''reseller'' to host my website through them that the reseller is the only one who could permit FTP access. What, if any legal recourse do I have to gain FTP access and would it be prudent to sue for lost revenues?

Asked on 6/13/05, 6:33 am

1 Answer from Attorneys

Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Denied TFP Access by Current Host

It all may depend on the written agreement you have with the host company and their rights over your material in the event you cancel the contract. If there is no contract then other factors will need to be considered. If you are losing revenue, depending on the amount and the facts of your case, you may need to attempt a settlement or sue to recover your losses.

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Answered on 6/13/05, 6:39 am

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