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Lawsuit - Dinix/WHP still down, data lost, etc.

Posted by alaria, 04-05-2005, 11:45 PM
All the businesses including our own who have been effected by this nightmare merger btw Dinix and WHP shouldn't let them get away with this. People are still down or dropping like flies...now they are saying backups were corrupted and the stories continue. We have developed this site for all of us to gather and take action - www.dinixclassaction.com I dont know how much longer the dinix forum will be available to us. If you want to keep in touch during this crisis with others and you want to ban together for results and retribution, please stop by. Our hearts go out to all who have not had any up time - at least we had a bit of up time and grabbed all we could before going down again. I am disgusted by the lies, lack of support and utter lack of care for the livelihoods of so many business owners and will not sit by and do nothing. Will you?
Posted by AHFBWEB, 04-06-2005, 09:01 AM
You stated several times that you have a lawyer to take this case, I cannot imagine that he is telling you to create websites and discuss this issue publicly as much as you can. Why dont you just post the attorneys contact info so those that got screwed can contact him and join in your "class action" (unless there is none).
Posted by alaria, 04-06-2005, 04:34 PM
We said we were researching attorney options and are actively doing so. It takes people to start a class action and we have been now locked out of the dinix forums. The forum is a way to communicate with others who have been damaged and gather together any interested parties in starting the class action. We dont need hundreds, just 15 or 20 who are seriously interested in becoming involved. The forum is also a place for people to discuss the situation without worrying they will be locked out, edited or that the forum will suddenly disappear. Many feel the dinix forum will not be around much longer...I dont know if that is the case, but it is certainly possible. Also, I have received emails stating that posts are being deleted from dinix forum...i dont know that this is true as ours never were...then again we no longer have access so who knows. At any rate, we started this site for those who have been damaged to discuss and if interested join the class action we are in the process of formulating. So many people feel something should be done and they deserve retribution, we wanted to start the ball rolling on a possible way to get that retribution. People can choose to pursue independently, join a class action or nothing. This is the route we are taking and invite anyone interested to join us. The forum just went up in the wee hours of this morning...it may take a few days to gather enough people...visit us if you are interested in seeing how things proceed... www.dinixclassaction.com
Posted by pixelvibe, 04-12-2005, 02:27 PM
Alaria, having heard all of the threats in the world, and more importantly, having worked in the legal industry for several years, I assure you, any lawyer who is advising you in this situation is in it for his/her own benefit. 99.9% of the time, these lawsuits will be fee based (not based on the results of the lawsuit). Too often, people make emptry threats of lawsuits without realizing the cost of such measures. Class actions can easily cost $30,000+ to launch. Consider your hosting fees even if paid annually. They likely don't amount to more than a few hundred dollars. If this company really stinks. I don't imagine they have much working capital. When they declare bankruptcy, that's it. $30,000 wasted. You may get $5,000 to split amongst the 10 litigants. Even that is being presumptuous. It assumes you will win. Now having worked in the hosting industry, I assure you, MOST SLA's/TOS's are air tight. Some may promise you a small compensation for downtime, but for all intensive purposes, they are not liable (even due to gross negligence). You will go to court, they will argue you should have read the terms before signing on, and the case gets thrown out. Don't waste your time, don't waste this forum's time. Collect your witts and just move on. Its a reality of the industry. Be prepared, have backups.
Posted by alaria, 04-13-2005, 07:11 PM
Well first off let me say, don't ASSUME that you know everyone elses business so well. Regardless of your past experience, NO ONE deserves to go through this. I know of several business owners that completely lost their business over this. WHP should be shut down. And mind you I understand that a class action may or may not work but one thing I have that does work is exposure and media. I aim to show WHP for the lying, stealing, snakes they are and I will not rest until I have crippled their sorry *** company to the point of bankruptcy. and what was your damage in all this? How was your business hurt? Or is it that you are so well off that you are just gathering your witts and hoping your clients do the same? As for TOS - I think not - They are well beyong being covered by there TOS - Gimme a break. And yes their actually are still decent lawyers in the worl that will work on contengency. Last edited by ldcdc; 04-13-2005 at 09:47 PM.
Posted by BayColocation, 04-13-2005, 07:50 PM
his only telling you the truth, if you like it or not, unless you have about $200k to spend on legal fees your class action lawsuits going to go nowhere. Your best bet is to bring the company to small claims court, but be ready to travel to where the business has their primary place of business or move for a change of venue In terms of determing how much you lost in business, that is almost impossible to figure out, you always hear "you cost me millions in lost revenue because we were were down for 1 hour" yet in normal course of business, a website may only bring in say $100 to $300 of revenue a day, based on a avg over 30 days etc...
Posted by alaria, 04-13-2005, 08:54 PM
I have every intention of filing my own suit seperate from helping those interested ina class action. By all means I am not saying nor have I ever claimed that a class action was wonderful elts all proceed to a class action for riches and glory. My point is however that your revenue estimate solely depends on the uisness. I have proof that my company lost not only due to hosting clients, but also to contracted work, development contracts, etc. Our 10 days of downtime cost my company in excess of $50K which can be shown clearly. I am not alone. Many others suffered such high loss.
Posted by BayColocation, 04-13-2005, 11:42 PM
i suggest contacting a laywer, and again, be ready to start forking over some serious cash, one company in CA I talked with starts at $250.00 per hour with a 10 hour minimum just to get the ball rolling
Posted by pixelvibe, 04-15-2005, 12:36 PM
$250 is actually a fair rate. Expect to pay at least that. And a retainer of 10 hours is generous. I would say look at a minimum of $5000 just to start the law suit. Just think. A meeting with the lawyer will take an hour just to say hi. Plus expenses, etc. It's not worth your time. Class action is exponentially more. All the morallity in the world, and lawsuits based on principle simply cannot justify the cost. Good luck and keep us posted.