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  1. #1
    SitePoint Evangelist spoondevil's Avatar
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    Host Has Lost Important Files During Migration

    I asked my host to migrate my account from a PHP4 to a PHP5 server which they did without question.

    During the transfer they have lost a folder containing every product image my site sells, over 1000 different items.

    I know I'm foolish not to have backed it up, but I didn't, I have all the photos but not after they're all been renamed and resized.

    Basically, so far today - 24hrs, I have only had 2 orders when I normally get 60-70 a day.

    Does anyone know what my legal rights are? I am in the UK and they are in the US.

    Thanks

  2. #2
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
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    With most web hosting you are responsible for your own baclups, they just provide the space. Normally they would take a backup prior to performing any major tasks but if they were copying files rather than moving them as a first step then they possiby thought it wouldn't be necessary as if there were issues during the move process they would still have the original. Presumably by the time you discovered the problem they had assumed everything was copied correctly and deleted the original. They probably also assumed that you would have taken your own backup before requesting the move.
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  3. #3
    SitePoint Wizard silver trophy ldcdc's Avatar
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    Virtually any host has a "we make no guarantee that data will be available etc." clause in its terms of service, as well as a lot of other legalese aimed to take away any responsibility. This is not done for the fun of it, but because data can go missing easy enough, and potentially be hundreds or thousands of times more valuable than the hosting fee -- of which only a small portion is profit.

    How those terms will hold up in court, of if there are local laws that could help your case, it would be up to a lawyer.
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  4. #4
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    I dont think you go fire anysort of complain in any court as its your responsibility for keeping backups of your webfiles. As " ldcdc " told that most webhosting service provider do have a clause like "we make no guarantee that data will be available etc." in their TOS
    Better try to grab old images from archive files
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  5. #5
    SitePoint Wizard silver trophy Karl's Avatar
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    Hi,

    I'm not a solicitor, but I'd say you were out of luck, you've got their Terms of Service to contend with and jurisdiction issues as well.

    Really, your host should have checked with you to make sure your site was fully functional after the move before they removed the original copy of your account. How long ago was it? Depending on their backup routine they may still have a copy of it - although I'm going to assume they've checked that and don't, rather than a case of, "Oh well, our ToS covers us, we can't be bothered to look".

    TBH though, if you've got the original images, and your thumbnails are all the same size, it'll only 30 minutes (if that) to process all of them in to thumbnails and re-name them with a script.

    Thanks,
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  6. #6
    SitePoint Wizard ~ServerPoint~'s Avatar
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    Stephen is right. Most of web hosting companies ought to have backups and that is kept up to sebveral months on the servers
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  7. #7
    SitePoint Wizard silver trophy Karl's Avatar
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    Quote Originally Posted by ~ServerPoint~ View Post
    Stephen is right. Most of web hosting companies ought to have backups and that is kept up to sebveral months on the servers
    I think several months is expecting a bit much, unless you're paying a real premium for your hosting - 1GB of space can quickly become 12GB on the backup medium, which adds significantly to the costs - Yes, 1TB drives are cheap, but anyone using just 1TB drives for their backup is asking for trouble.
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  8. #8
    SitePoint Enthusiast .Andy's Avatar
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    Quote Originally Posted by Karl View Post
    I think several months is expecting a bit much, unless you're paying a real premium for your hosting - 1GB of space can quickly become 12GB on the backup medium, which adds significantly to the costs - Yes, 1TB drives are cheap, but anyone using just 1TB drives for their backup is asking for trouble.
    2-3 months are the most your going to get backups. Backups as you pointed out are an added expense people don't normally think about.
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  9. #9
    SitePoint Addict tuxus's Avatar
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    they should have a backup incase of unforseen issues, their ToS probably covers them legally but most hosts do have backups to cover their butts incase of a massive issue happening which could end in a PR nightmare. Have you contacted them and if so what was the response?

  10. #10
    SitePoint Enthusiast Axigy's Avatar
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    Agreed. The host should have some sort of backup in place. But, I don't think you'll be able to do much. My advise would be getting a backup of your site and moving it to a new host if they give you problems.

  11. #11
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
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    There are different types of backups. If the hosting provider has a disk image to allow them to recover all the content on a server if the disk dies (something you'd expect them to have a backup for) then that backup may not be able to be used to recover individual files. If you arew sharing a server with other sites then they wouldn't appreciate having all their info restored back to the time the backup was taken just to recover individual files. Taking backups of individual files isn't something that a hosting provider really needs to do as the sorts of siituations where they would need to recover from backup can be more quickly dealt with using disk imag backups.
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  12. #12
    SitePoint Wizard SiberForum's Avatar
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    Please do not get offended but I suppose that backup as well as antivirus on your PC is your own and private.
    Good luck to you with solving this issue

  13. #13
    SitePoint Addict tuxus's Avatar
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    Quote Originally Posted by felgall View Post
    There are different types of backups. If the hosting provider has a disk image to allow them to recover all the content on a server if the disk dies (something you'd expect them to have a backup for) then that backup may not be able to be used to recover individual files. If you arew sharing a server with other sites then they wouldn't appreciate having all their info restored back to the time the backup was taken just to recover individual files. Taking backups of individual files isn't something that a hosting provider really needs to do as the sorts of siituations where they would need to recover from backup can be more quickly dealt with using disk imag backups.
    Even if they took a raw disk image it is possible to restore it elsewhere and recover the lost file as they should have error logs to prove it was lost on the transfer therefore their own fault. Yes it would take a little effort to waddle over to a unused or partially used rack at some point most likely but seeing as it would keep a customer it is far beyond unreasonable for a quality company but again it depends on the company and type of account/how much that customer is worth. Bottom line is my point still stands even a disk image can be restored on a slaved drive and data retrieved without touching other customers in most cases.

  14. #14
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    Not to be a total douchebag, but if I was getting 60-70 orders a day, generating me a substantial amount of revenue, I would do everything to protect it. Regardless of what your web hosting company provides in terms of backing up data, you should always back up your stuff.

    We offer our customers hourly backups that are retained for quite some time, but we still encourage/recommend retaining their own backups. It's just safe business.
    Kaumil.

  15. #15
    SitePoint Enthusiast
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    Usually most host offers you 7 days backup which they usually keep on their special offsource backup servers, if you are much serious about getting backup of your website you can also have paid backup packages which most host can offer you for extra
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  16. #16
    SitePoint Enthusiast reviewman's Avatar
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    Smile

    You can go to the Wayback Machine, they have your previous website on achieve. Maybe you can consider to link to old pages on the Wayback Machine or download those old images from your past website.

    Just google "Wayback Machine", you will find out that tool.


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