Scottsdale-based GoDaddy.com was having a rough time last week after it experienced some technical difficulties, which the company had to explain was not due to some sort of "hack," despite claims to the contrary.
Now that everyone's websites are up and running again, the company has been hit with a class-action lawsuit, over its "99.9% uptime guarantee."
The lawsuit notes that several pages on Go Daddy's website, including the one where people can buy web-hosting services from the company, come with this "99.9%" guarantee. Another "premium" services promises "99.999%" uptime.
The lawsuit explains this concept as follows:
"For example, if a computer server fails to operate, and therefor is "down", for ten minutes during a 24-hour period of time (or 1,440 minutes) its "uptime" would be 99.305%"
Doing some math, the suit notes that Go Daddy's servers cannot be down for more than 43.2 minutes every 30 days.
The lawsuit cites Go Daddy Twitter updates, which approximates the outage at more than six hours.
If Go Daddy's hosting and other services worked for every other minute in September, it would have only 99.167 percent uptime, the lawsuit claims. (Getting sassy, the lawsuit notes that the "premium" services must have been working prior to the invention of the computer to achieve 99.999 percent uptime.)
Now, the claim is that customers were offered "credits" and future discounts, but the company did not automatically apply those. These "credits" or discounts weren't even offered to all customers, the lawsuit alleges.
The suit compares it more to a sales gimmick, with a bunch of terms and conditions, instead of just providing some sort of cash refund. (This Mashable article and comments are referenced.)
The lawsuit estimates the number of people in the class with a claim against Go Daddy might be more than one million people.
The suit charges Go Daddy with negligence, violating the Arizona Consumer Fraud Act, and breach of contract.
One possible problem is that the service agreement, which has probably been reviewed by no one, ever, explains the guarantee, and Go Daddy's actions with the "credits," appear to be consistent with that agreement.
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The lawsuit and its nerd-speak can be found below: