Full question:
Is an email provider liable for the loss of business contact info and customer emails due to their negligence? i.e. server failure
- Category: Internet
- Date:
- State: Illinois
Answer:
The liability of an email provider for lost business contact information and customer emails due to negligence, such as server failure, depends on contract law principles and the specific terms outlined in the contract with the provider. Many providers include disclaimers that limit their liability for such losses.
For example, a typical disclaimer might state: 'In no event will [Provider Name] be liable to the customer, any end-user, or any third party for claims related to the customer’s business or relationships with end-users. [Provider Name] shall not be liable for damages associated with service interruptions or loss of service, even if advised of potential damages. The maximum liability of [Provider Name] related to any claim will be limited to the total amount paid by the customer for services in the six months prior to the claim. Neither party will be liable for lost revenue, lost profits, incidental, punitive, indirect, or consequential damages under any theory of law.' This means that while a provider may limit their liability, they cannot escape responsibility for intentional or reckless conduct.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.