Re: Another legal question

"Gordon Hudson" <gordon@xxxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:4350fa3c$0$38037$5a6aecb4@xxxxxxxxxxxxxxxxxxxx
>
>
> There is a recent ofcom ruling against a hosting company which had a
> contractual term allowing them to delete a customers files if the
> customer did not pay the renewal fee (probably standard throughout the
> hosting industry).
> Ofcom said that was an unfair contractual term because it meant the
> customer may lose data that was worth money. They did not indicate how
> long a host should reasonably hold onto the data for.
> I have had customers contact me over a year afyer expiry saying "where is
> my site" on more than one occasion.
>
> I think the solution is to licence them the use of the CMS software for a
> price and make some money out of it.
> If I was getting into that type of business I would be tempted to use an
> open source CMS system just to avoid this sort of issue.
> We have a website builder system but the customer can export a static html
> version of the site if they move host. Its then a dead, non updatable, set
> of files but this also gets round the problem.
>

Seems an odd line for Ofcom to take (not the first occasion I've thought
this, especially when I worked for BT!). If my data's so valuable, why give
my only copy to a service provider and then stop paying their bills? I
wonder if the courts would uphold this? A fool and his data are soon
parted....

Your suggestion of a static html version is a good one. Presumably the OP's
CMS system is based around a database; an alternative would be to archive
the contents and provide a copy on demand, or on payment of a fee for that
service. Perhaps, once it's been determined that the account is so late
that at least some elements of the service are to be withdrawn, sending a
tape of the data by registered post would be a good kick in the backside for
the non-payer, and could release the service provider from an obligation to
maintain a copy?



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## PH, London
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