What are the Damages?

The web hosting company Ipowerweb is hideous. They have 66 BBB complaints against the, 65 of them in the past year. I wish I had known this earlier.

Recently, they erroneously canceled a website of mine and are attempting to claim that I requested it be canceled. I have documents proving otherwise. Let's just say in court they'd lose badly.

My question is that I had 2 years worth of intellectual property on that site. I intended to eventually use it as part of a writing resume, examples of my work and possibly revisit some ideas for future use. What is 'intellectual property' worth, and what would be a reasonable amount to request in a suit if they fail to restore the site as they promised?

I'm not a fan of lawsuits, but they really put it to me.

I'm not alone here. I happen to know other site owners who were screwed by IPowerweb. Would a class action suit be more effective?

It would up up to a Jury - if a Jury trial was requested - to determine this, otherwise it would be up to the Judge.

You would have to show the "value" of your time = as well as the "value" of this information.

To be compensated for your time, etc. would be considered "compensatory damages" but if you can prove that they canceled your "works" in error or because of any malice you would probably also be able to get "Punitive Damages" as well as an Order to have the Company pay for your Court Costs and your Attorney fees!

Good Luck!

Get yourself a good attorney and sue the Ba$tards!

Take them for every dime and dollar they will ever make!

Good luck! Report It

I thought the first answer you got was very good on damages and all I'd add is that we don't have enough information to assess your damages. I'd like to address your question about a class action suit. Don't go that route. It is far more time consuming and the whole recovery will be split among all members of the "class." Before they even consider your case, there will be months of litigation and publications in nat'l magazines to try to identify the potential class members. Since you have a strong case, avoid the temptation of trying to help others by turning it into a class action. Most of the recovery will go to atty fees. Look for an atty who specializes in "intellectual property." There is a value to your work greater than just the time you put into the site. I'd also suggest you do not ask for a jury trial unless you draw a poor judge. Simply put, some cases are (in my opinion) too complex for a jury. This is a controversial position among attys, but I avoid jury trials whenever possible on complex issues. The law does not believe any case is too complex for a jury, but I disagree. My opinion is based upon more than 25 years as an atty. You have a good case based upon what you have said here and your atty will be able to get the BBB complaints admitted. This is not a case you want to pursue without an atty.

If you was not so STUPID you would have know what the small print said!!!!!!!! Lawsuit,,,,this that all your money hunger *** can think of?? Get a life you snake in the grass