Legal Action Against Host

i would like to present to you a scenario im sure everybody has thought of and has come up against.


1. If you are hosting with a web host and your files and website has been compromised due to the lack of security on the server what actions can you take against the host for this loss?

2. The host has a backup dating back to a week, but of course the data you have accumulated for the week that was lost is very valuable but you cant get it back now because of a flaw with the hosts server, is there anything you can do in a situation like this?

3. What if you are a reseller and have setup several sites for customers. One customer uses a CMS which means he/she will be updaitng their website every now and then and not always you are able to make backups of all the websites hosted by you as the reseller.

Now a weeks or a few days of data have been lost. The client complains and wants to take legal action against the reseller (you) and of course the reseller knows its the problem with the main host you are hosting with. What does the reseller do now with the client and the host whos made the mistake?

4. Clients livelihood depends on his/her Ecommerce website, they make an average turnover. Whether you are hosting on a dedicated or VPS nevertheless data loss has occured because the box was compromised. The blame is put on the host. In a scenario like this what can the customer do? He/She has lost some client details/orders information and products as a whole...? Remember this is a business... and money has been lost. A recovery backup a week old will never be sufficient enough for the loss.

Think about it... what will you do if any of the above four scenarios were to happen to you?

Yes i am aware of the terms. Some hosts will say they are not responsible forData loss in their small prints,
Some will say it is soley up to the customer to make backups,
When it comes to court they will point this out, and you'll be kicking yourself for being so foolish to go with a host in the first place which dosent gurantee the safety of your data.

Customers dont always read the small fine prints. Now realistically speaking what can the customer/client do in a situation like this? Im guessing nothing if the host outlines the terms ive pointed out above?

Is there really a host out there which takes whole responsibility for the loss and damage they create to your websites and businesses online?