Questions

How to sue Hotmail?

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How to sue Hotmail?

Rembrandt1
I have a customer who suddenly, literally, one evening had their Hotmail account blocked. We went through all the steps to get the account reactivated but Hotmail refused. At first they said there had been suspicious activity, then a week or so later they said it had been blocked for contravening the TOU rules. But no explanation of the alledged TOU contravention or suspicious activity.

My customer is a lady in her fifties who is not tech-savvy and kept her whole life in Hotmail - despite being told not to - including work in progress on books and all her work contacts. And she wants it back, understandably.

Does anyone out there know how to get Hotmail to play ball, how to actually talk to them, how to take them to court?
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    seanferd

    If you read the EULA/TOS, I'm sure you'll find they can delete your account or do pretty much anything they want at will.

    At a guess, I'd think maybe she had a malware infection, and was spamming without knowing it - that would do it.

    It would be nice if MS would at least fully explain the problem to you. I'd call them a couple of times, until you reach someone helpful.

    In the future, really push the idea of an email client and local storage in addition to the server storage she uses.

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    Ron K.

    Local storage needs regular backups, particularly when working on potentially valuable works. <br>

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    Ron K.

    The only way to lose everything would be for her to always send an attachment with her latest work to Hotmail then delete the original. Did she do that?

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    AnsuGisalas

    Do it all straight into drafts.
    It can be done, you know.

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    seanferd

    "He whole life". Maybe all she does with a computer is use email. Otherwise, I'd go with your theory, or the possibility of hyperbole.

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    OH Smeg

    This is just one of the many advantages of relying on the Cloud to do your work.

    Doing things like this means that you do not own your Data and much more importantly you have no control over it either. If there was Important Work here it's not unlikely that it will be on sold to make money for those hosting the site. :0

    if you read and understand the terms of Use you'll see that there is no privacy or security involved with Hot Mail.

    Col

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    Rembrandt1

    Thanks for your responses. Some useful tips in there.

    The unknown spamming idea is plausible though I/we did a malwarebytes scan and it came up clean.

    Hopefully the pester MS approach might at least get to why the account was killed off.

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    AnsuGisalas

    through a webmail site.
    Or am I wrong?

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    Ekline

    See, the problem with all of this is, she is in full complaince to the Hotmail account EULA/TOS by clicking that I Agree Button.

    There is no grounds for suit, any judge will look at the EULA, TOS, and ask you where your grounds are for suit. Then laugh at you both for wasting his time, and charge a court fee, plus lawyer fees for Microsoft if applicable for attempting to sue Microsoft for a free account when the accounts termination is based solely upon the TOS abuse.

    This could have been a fraudulent TOS Violation, and you may have grounds to fight that... but don't bet on any good results. I guarantee that each of the 20 lawyers that get hired to arrive for the case get payed in the cost of a Windows Server license per hour.(USD$1050 est)

    http://support.microsoft.com/contactus/?ws=support#tab0

    If your client requires an email to do her business, she should actually pay for an account that is less restrictive and at less risk for deletion.

    Most ISP's provide an email for personal use when you subscribe to services for free and do not have extremely stringent TOS like free account vendors that do not want to be blacklisted for account abuse or negligence that could interrupt services for other members. Your ISP would actually make effort to contact you, as a paying customer, before terminating your account. They may freeze the account, but as a paying customer, it wouldn't get deleted like Hotmail.

  • +
    0 Votes
    seanferd

    If you read the EULA/TOS, I'm sure you'll find they can delete your account or do pretty much anything they want at will.

    At a guess, I'd think maybe she had a malware infection, and was spamming without knowing it - that would do it.

    It would be nice if MS would at least fully explain the problem to you. I'd call them a couple of times, until you reach someone helpful.

    In the future, really push the idea of an email client and local storage in addition to the server storage she uses.

    +
    0 Votes
    Ron K.

    Local storage needs regular backups, particularly when working on potentially valuable works. <br>

    +
    0 Votes
    Ron K.

    The only way to lose everything would be for her to always send an attachment with her latest work to Hotmail then delete the original. Did she do that?

    +
    0 Votes
    AnsuGisalas

    Do it all straight into drafts.
    It can be done, you know.

    +
    0 Votes
    seanferd

    "He whole life". Maybe all she does with a computer is use email. Otherwise, I'd go with your theory, or the possibility of hyperbole.

    +
    0 Votes
    OH Smeg

    This is just one of the many advantages of relying on the Cloud to do your work.

    Doing things like this means that you do not own your Data and much more importantly you have no control over it either. If there was Important Work here it's not unlikely that it will be on sold to make money for those hosting the site. :0

    if you read and understand the terms of Use you'll see that there is no privacy or security involved with Hot Mail.

    Col

    +
    0 Votes
    Rembrandt1

    Thanks for your responses. Some useful tips in there.

    The unknown spamming idea is plausible though I/we did a malwarebytes scan and it came up clean.

    Hopefully the pester MS approach might at least get to why the account was killed off.

    +
    0 Votes
    AnsuGisalas

    through a webmail site.
    Or am I wrong?

    +
    0 Votes
    Ekline

    See, the problem with all of this is, she is in full complaince to the Hotmail account EULA/TOS by clicking that I Agree Button.

    There is no grounds for suit, any judge will look at the EULA, TOS, and ask you where your grounds are for suit. Then laugh at you both for wasting his time, and charge a court fee, plus lawyer fees for Microsoft if applicable for attempting to sue Microsoft for a free account when the accounts termination is based solely upon the TOS abuse.

    This could have been a fraudulent TOS Violation, and you may have grounds to fight that... but don't bet on any good results. I guarantee that each of the 20 lawyers that get hired to arrive for the case get payed in the cost of a Windows Server license per hour.(USD$1050 est)

    http://support.microsoft.com/contactus/?ws=support#tab0

    If your client requires an email to do her business, she should actually pay for an account that is less restrictive and at less risk for deletion.

    Most ISP's provide an email for personal use when you subscribe to services for free and do not have extremely stringent TOS like free account vendors that do not want to be blacklisted for account abuse or negligence that could interrupt services for other members. Your ISP would actually make effort to contact you, as a paying customer, before terminating your account. They may freeze the account, but as a paying customer, it wouldn't get deleted like Hotmail.