(a) Suspension of Service.
Customer agrees that ThisWebHost may suspend services to Customer without notice and without liability if: (i) ThisWebHost reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) ThisWebHost reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay ThisWebHost’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
You're forgetting about the AUP, especially this part:
Customer Communication
Please remember that the staff at this* are, like you, only human. We expect to be treated with the same level of respect as you'd expect us to treat you, so please bear this in mind when communicating with us, and more importantly before clicking the "Send" button.
We reserve the right to ignore and discontinue any correspondance we consider personally threatening, abusive or otherwise intended to invoke negative responses to the person receiving them. Legitimate and constructive criticism, however, is strongly welcomed - providing you can deliver this to us in an appropriate and sensible manner.
Abusing members of staff is absolutely not tolerated, and will result in an instant account termination.
Comments
From: http://www.thiswebhost.com/terms.html :
9. Suspension/Termination
(a) Suspension of Service. Customer agrees that ThisWebHost may suspend services to Customer without notice and without liability if: (i) ThisWebHost reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) ThisWebHost reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay ThisWebHost’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
I don't see anything in there that looks like it pertains to what happened.
If either of them suffered a significant loss due to the suspension or the deletion of data, they might have a pretty solid case.
You're forgetting about the AUP, especially this part:
Customer Communication
Please remember that the staff at this* are, like you, only human. We expect to be treated with the same level of respect as you'd expect us to treat you, so please bear this in mind when communicating with us, and more importantly before clicking the "Send" button.
We reserve the right to ignore and discontinue any correspondance we consider personally threatening, abusive or otherwise intended to invoke negative responses to the person receiving them. Legitimate and constructive criticism, however, is strongly welcomed - providing you can deliver this to us in an appropriate and sensible manner.
Abusing members of staff is absolutely not tolerated, and will result in an instant account termination.
Why does everyone always quote AUPs? The law counts above an AUP.
What law was violated?
Contract law.
The Agreement references the AUP, so it's on the same level as said Agreement.
Precious fusspot