Check your contract with you hosting company and company's terms and conditions will govern your rights and the company's obligations in this matter. There might be a limit on loss in your webhosting contract. You should carefully read and understand your contract carefully to see these limits and to see what rights you have to switch hosts. If you are not sure of your rights, you are recommended to contact an experienced business lawyer in your area. You need to talk to the lawyer and find out what the law says in your area.With most of the hosting company, if they fail to maintain uptime according to the contract, they might liable to refund you credit for defined period of time as per the contract.
Legal rights against a web hosting company
There are at two areas of law depending upon the circumstances that are engaged here - copyright law and privacy/data protection law. Copying material that is protected by copyright without the permission of the copyright owner will often constitute copyright infringement.Access to the private material of a service user could, depending upon the circumstances, amount to a breach of the right to privacy and a breach of data protection legislation.
In both cases, the hosting company most likely overcome a legal claim by demonstrating that it had proper permission to copy and use the relevant material in the way that it did access them.The hosting companies will grant themselves broad rights in their standard terms and conditions to access and use customers' materials. You must read and understand the relevant T&Cs to see what they say.Where there are no indicate rights, there may be implied rights. Some uses of materials and information are clearly permitted by statute.