Some legal advice please?

Ok, maybe you can help me here. We just bought a leased a dedicated server on February 24. The website says it will take 1-3 to setup the server. It is now March 5th, and still no server. We have payed an everything. Unforently we have signed a contract saying we have to stay with them for 12 months or breach the contract for $300+. I'm not going to post the whole contract because I don't know if it is legal or not. If you want to see the whole contract let me know, and I will show you privately. However, I will part of the contract. It states:
"(a) For Breach. If either party materially breaches any term or condition of this Agreement (including any non-payment) and fails to cure such breach within thirty (30) days after receiving written notice of the breach from the non-breaching party, the nonbreaching party may terminate this Agreement on written notice at any time following the end of such thirty (30) day period"

Would we qualify for that? Please let me know, or if you have any ideas please share.

Thanks,
Jordan

Well, the first thing to do is try to resolve it amicably, preferably by telephone or if necessary email support. Document everything. If they can get it up for you in a day or two it seems resolved. If they do not, call your credit card company and dispute the charge. The reason you are disputing is: vendor failed to perform services. It is now their burden of proof to prove that they did, you'll get your money back, and you can move on to a more reliable host.

yea only one problem

we used paypal direct payment
(US balance)
(im LBX's partner)

PayPal is as good as anything. If you paid through your checking account/credit card it'll be easy to get back. If you had an outstanding balance on your PayPal account, you should still be able to contact their customer care and resolve it that way.

Thanks guys. I think we got it settled. If anything comes up I'll let you know