Does hosting have the right to disable access to files when the payment period expires?

Question

Law in IT

The question is in the title.
Actually there was a situation. There are 10 rubles left on the balance, which is naturally less than the monthly subscription fee. Because I was going to move out of this hosting, I decided to download files and a database dump, but I get messages “Access is denied”, I call technical support, I get an answer that because there is no money on the account, then there is no access to the files and the database. But I can enable myself this access for 150 rubles. Those. paying for a whole month.
Interested in the question of how legitimate these actions on the part of the hosting? If there are no funds on the balance, is this a reason to restrict access to the database (it is clear that they turned off the site anyway)
Can I demand that all files and dumps be provided to me in the form of an archive upon termination of the contract?
Interested in the opinions of lawyers and those who have already encountered a similar problem.

Who cares - hosting from hts

ps The contract is concluded with an individual.

Answer received. Hosting has every right to do so. But they are still greedy gowadins.

Answer 1

You got into some kind of wilds: Volvo, garages, rent...
The situation is simple and does not require any legal analysis at all: services are provided on a prepaid basis, if there is no payment, the provision of services is blocked. This is in accordance with the law. The cost of the service is indicated in the contract and amounts to 150 rubles; the parties on this point came to an agreement at the time of the conclusion of the contract, so it is strange to demand something, having 10 rubles in the account.
Your arguments about “yes, I just need to pick up the files; they feel sorry for something” are appropriate in everyday everyday relationships with acquaintances or relatives, where issues are regulated by persuasion or requests. By concluding an agreement with a hoster, you have entered into a relationship regulated by law. And the law says that the parties to the contract must fulfill their obligations under the contract. In case of non-fulfillment of obligations by one party, the other has the right to refuse the obligations assumed - which happened in your example.

Answer 2

Are you saying nothing? How much money is on the balance sheet? “There are 10 rubles left on the balance” (which means that all services are provided as usual, and you can do anything with the data for another month), or “there is no money on the account” / “there is no money on the balance” / “it is clear that the site they and so they turned it off ”(which means that by the time of the next payment you had 10 rubles, but you overdue the payment, which means that you actually have -140 rubles on your balance?)
If the first is some kind of garbage, then don’t it happens that the balance is positive, and the site is turned off, and access to files is removed. So they don't set up.
If the latter - then ... in my opinion, the principle of "no legs - no cookies" is quite obvious, so as not to expect that someone will store your files for free. Of course, decent hosts have a policy on what to do with non-payment, but in general this is all based on the goodwill of the host.

Answer 3

In general, hosting is right. Both in spirit, and certainly under the contract (if not quite idiots wrote it).
Right there, everything is as simple as a loaf for 13 kopecks - you have not paid for their services, therefore there is no reason for them to provide you with any services. They generally have the right to destroy your data at any time.
The maximum that they are obliged in this situation is to return your 10 rubles to you. But even then this is only if their contract implies that if the balance is insufficient, the money is not written off. Otherwise, it may turn out even worse - you will have minus 140 rubles on your balance, which you will have to pay.

Answer 4

Read the contract more carefully, but logically they have no right. The data is yours.

Answer 5

Went there. Upon registration, an agreement is required. Have you read it? All your relations with the hoster are regulated by him. Accordingly, you can ask the support on the basis of which of the points your rights are being cut? Where is this in the contract? In turn, you can refer to clause 3.3 of the Agreement:
“Services are provided only if there is a positive balance on the Subscriber’s Personal Account (there are no debts for paying for services).”
Do you have a positive balance? So you are right.
If they refuse to provide you with information (to explain on the basis of which item the download is being blocked for you), write a statement demanding a written refusal. With this paper, then you can go to court. If you want to do it of course

Answer 6

A bit of an offtopic: hosting with an hourly payment is much more convenient than with a monthly one.

Answer 7

File access is part of the hosting package. In this case, the host is right. He doesn't act like a human, but he's right.
If the company is big - you can not try to argue and threaten - they do not care.

Answer 8

Usually, in order to avoid such disturbances (generally unfounded, as you have already been explained), it is usually easier for a hoster to give a backup or unblock an account before the end of the day, although from the point of view of the contract, he is right. They are obliged to store data under the contract (by the way, hosters store after blocking from several days to two months), but they are not obliged to provide services - including any access.
One little tip. The hoster is obliged to return unspent funds to you. That is, you are now deleting the hosting service, the funds should be returned to the balance - and you can take these funds. Appeal to the Rules for the provision of telematic services. I will quote:
40. The subscriber and (or) the user has the right to apply to the telecom operator with a request to return the funds they deposited as an advance payment, including using a payment card. The telecom operator is obliged to return to the subscriber and (or) the user the unused balance of funds.
That is, minus the days worked, the funds must be returned to you.