Bogus Copyright Infringement Complaint: Suspended
Sep 29, 2009
I did some independent contractor work for a friend starting a new branch of his business from mid-April to mid-July. I should have known better than to trust this "friend" as he is a snake and has not paid me for the work I did beyond the partial month of April. May/June/July bills are due totaling $3800.00 and he will not pay up. The middle of July was the last work I did for him and am no longer doing any of his projects.
As part of start-up and marketing a driver education program I created a website. I paid for the (generic, not associated with his business name) domain name, am the registrant, paid for the hosting, and full control the website. The website design and updating fees are part of the amount due, and I told him I would be happy to give him administrative rights to the website since I already had it up and running.
When he figured out he couldn't sneak behind my back and talk the web host service out of the access info, he was quite ticked off. Out came the gloves and he started a different domain name/website with someone else and they cried "copyright infringement" to the hosting company so my web site would be suspended. QUESTION: When the web host receives a complaint such as this, what is the proper procedure for handling it based on the DMCA and copyright laws? The host's site only has a statement in his policy about what to do if you are a target of copyright infringement. Common sense would tell me (although laws and common sense don't always go together) that as the customer of the hosting company, I should have been notified, given the opportunity to take down whatever they were objecting to, and then show the host that I did take the material off. I need to look into the Intellectual Property aspect of it, but that is not what I'm concerned about at the moment.
What rights do I have as the one getting bushwacked to have my website re-activated? Am I entitled to view all supporting documents? I have opened a support ticket asking why it was suspended 18 days ago, they responded with the emailed complaint (minus supporting documents) from the new web host, and didn't say what I needed to do to remedy the situation.
I intend to clear all of his stuff off my website and use it for another purpose, since I've already paid for the domain name and a year of web hosting.
The next step, after getting this website freed up again will be taking the deadbeat to conciliation/small claims court to collect the amount due with the assistance of an attorney. In our county if you appeal a judgement, it goes to district court and you have to have an attorney. I can see this guy with deep pockets financially beating me up for the fun of it. I can't afford to play that game.
Sorry this got long, but the moral of the story is: Do NOT trust friends who are snakes to others in business dealings...they will be a snake to you, too.
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Jun 9, 2009
I've emailed their host about using copyrighted materials, I've discussed it with the owner and now I've ran out of ideas for what to do to stop this guy from stealing my ideas/concepts/coding.
I've had people emailing me and ringing saying that either:
I ripped him ... which isn't something I want to be told when my site was out first.
So my question to you is... what's the best way to deal with someone who's:
a) In another country
b) In another continent
c) Host is stupid & doesn't care.
d) Stolen a lot of my ideas/concepts and coding?
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Aug 5, 2008
I use a web developer using a reseller hosting account. One fine night I found one of my domains disappeared. Great agony at night hours because I very much fear it. Any way after hours of pathetic support chasing I got reply that "some one complained about spam through a lot of domains and mine was one and the domain was suspended. Now after receiving my support request they found it false and so on....
In all it was 5 days down. If some how, I haven't checked it, God knows how long might have been the downtime. I have some 60 domains.
Please advise and have your say on:
1) What regular precaution and check I should perform.
2) I have not received any email for suspension of domain. How to watch in such situation. I incidently checked the site and came to know about its status after some research.
3) My Host was very prompt then the domain registrar. The immediately informed me about the clean status of server use. And I was quite confident of my clean server as I have 10 years with various hosts.
So I request all of you, please must say something on the issue for the sake of people like me who devotedly follow this forum for their survival.
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Mar 27, 2008
it would appear that Iron Mountain ( www.ironmountain.com ) has filed a trademark infringement suit against InterMountain Mortgage also known as Iron Mountain Hosting ( www.imountain.com ) regarding the use of "Iron Mountain" and various colors and service marks.
I don't think this will come as a surprise to many people given how similar these two names are, along with the fact that Iron Mountain have been involved in IT well before InterMountain Mortgage decided to take the plunge into hosting.
It's going to be an interesting trial by jury to say the least...
Reference:
[url]
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Mar 27, 2008
I read a post with the same title dated in October 26. And I would avoid this hosting company. iWeb knowingly hosts scam websites run by an organized cybercrime group. One is get-itunes-today.com (64.15.143.9/get-itunes-today_com), and another is online-tvnetworks.com (64.15.143.9/worldwidetv_cyber/) "Knowingly" means that I have reported abuse to iWeb and that they have confirmed that at least one of them is hosted there. The person that I talked with is Francis Picard.
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Apr 6, 2008
Need to trace this abuse complaint from AOL. They provided the server IP and spam email body, but no headers.
How can I go about tracing this on a cpanel box?
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May 21, 2007
Should I contact the host or the registrar if the two are separated?
I've received a lot of blog spam lately where someone seems to have hacked certain setups of Joomla that also have a wordpress blog and then installs landing pages for his spam in the wordpress blog. Granted the person on the other end of my complaint is innocent but I just want the frickin Spam to stop.
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Jul 26, 2008
what necessary documents do I need to file a complain about a hosting company for deleting my servers for no reason.
I will be failing a complain to Federal Bureau of Investigation, but I would like to know what kind of documents do I need to provide in this case.
I already have a lawyer that I used in other cases regarding other reasons, but I would like to know from you guys what documents are required.
I had over 200 clients on the server and they have deleted everything for no reason.
Never use this hosting company [url]
Paid him the money for the servers and in the next coupel of days he deleted all my 200 clients and my server.
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Nov 7, 2008
I am hosting IPTV ( internet TV ) which might have copyright issue.
how to host website without copyright concerns ( might be in china or russian )
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Jan 21, 2009
Some time ago I've found in Google Book Search one of my books, 'published' there by my former Russian publisher, who has lost any rights to my novel 6 years ago. Furthermore, according to our agreement, the publisher was entitled to publish the novel in a book form only (which makes any other form of publication illegal).
I've contacted the Google Book Search Team with a request to change a copyright holder's ...
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May 24, 2008
first time building a website, and was thinking about setting up a blog type website similar to the likes of engadget etc....
However I'm curious as to how I can source images and how copyright relates to a blog news site. Obviously with the quick nature I would be posting like other news sites I doubt there would be time to email the owner of a site and ask for permission and await a response.
So maybe theres a loop hole in regards to blog news sites for permission?
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Jul 17, 2008
We have a portal which collect videos from all the video sharing sites such as Dailymotion, Veoh, YouTube,etc... No actual videos are hosted on our servers.
Recently, We got a letter from the lawyer of the copyright owner of some videos, stating that we are not allowed to link to these videos on our sites. If we dont remove those links they will take legal action on us.
So, my question is that can they actually sue us for linking to videos on youtube,dailymotion....?
The server is located in Chicago, if that makes any different?
As far as i know, if we dont store the actual copyright content on our servers then it is fine, at least with US law?
And i think they are just trying to scare us since there are like hundred of sites that doing the same thing and i see keeping doing it.
Part of the letter:
[url]
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Feb 5, 2009
have built quite a library of music now. It would be great if I could upload music to my hosting account, and then just access it from my phone. Would that be allowed so long as I did not share this music with others? Where might I be able to set this up? I checked with hostgator and they said it was not okay.
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Apr 9, 2009
I have a few guys that keep spiking to about 30%+ cpu. This is fine if stops after 2 minutes from my tos but it keeps lasting for 30 minutes+ so I manually suspend them for about 10 minutes etc. are there any whmcs programs or addon's or any script in general that will suspend a user for 5 minutes if a large amount of cpu is being used?
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Apr 3, 2009
I when unsuspended website, Show the below error on the website.
Forbidden
You don't have permission to access / on this server.
Additionally, a 403 Forbidden error was encountered while trying to use an ErrorDocument to handle the request.
Apache/2.2.11 (Unix) mod_ssl/2.2.11 OpenSSL/0.9.7a mod_auth_passthrough/2.1 mod_bwlimited/1.4 FrontPage/5.0.2.2635 PHP/5.2.9 Server at [url]Port 80
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Jun 13, 2008
i bought a server from HostingDepartment.net, I thought they were pretty good, They've been around since 1997, Although i've been waiting activation of the server, Today it has been suspended.
This Account Has Been Suspended
Please contact the billing/support department as soon as possible.
Does anyone know whats happened with them? I also sent in a support ticket 2 days ago and didn't get a responce, Did they die down?
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Aug 6, 2008
had a nice run with them for almost 3 years probably never had a problem until now; cancelled account today.
they suspended my domain (it was a free domain that came with the account) and service for hosting "pornography."
the abuse email says that i am violating
You agree and warrant that Your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by 1&1, in its sole discretion.
the link they sent me that was in violation was [mydomain]/index.php#HARDCORE_XXX_SEX_39948382_JPG.JPG
yes, a nonexistant anchor on a blank page. not an actual file.
in addition to that; abuse/billing/etc is taking more or less a week to reply to my emails.
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Jul 14, 2009
How come when my reseller suspends an account, the suspended page just redirects to his homepage? Does something need configuring..?
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Jan 8, 2009
Trying to access now:
[url]
and receive:
==========
This Account Has Been Suspended
Please contact the billing/support department as soon as possible.
==========
(default cpanel suspended account page)
[url]
I have my backups on rsyncpalace.com, and the servers are online, but something is wrong.
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May 26, 2009
I have a VPS account with WHP which is unmetered monthly transfer and a caped speed at 3 mbps, they saying that you are allowed to use %100 of the cpu:
[url]
My question is what would be a case that they may suspend my account?
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Jul 15, 2008
i just Got VPS from Vps empire , at Sunday
i paid , 5$ via paypal ,
today moring when i wake up
i got this mail from there support ,
Dear Customer,
Due to unlawful activities on your VPS your Services at VPS Empire have been suspended. Please contact our helpdesk at http://www.vpsempire.info for more information. ...
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May 19, 2008
Is there a way to keep an account suspended in WHM and ensure that they don't get processed in my daily/weekly/monthly backups without manually selecting the account in WHM?
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May 24, 2008
my account with them just got suspended a few days ago. The reason was they think I was sending spam emails and make their server unstable. They sent me the evident email which was an email I sent to group about 20 people from a non profit organization for a meeting request and discussion of projects. I answer to them and asked for restoration of my email receiving account at least so I can download all the important business email that are still on the server (I'm using IMAP). They never answer both the Sales and the Support. The whole site is suspended. Those Canaca IT guys don't seem to know the differences between a spam email and a legitimate one. They also claimed that they host 200 accounts per server and that is I'm sending more than 100 email it would jam up their server. It seem by that they don't know how to configure their Linux server properly either. I asked around while looking for a replacement hosting service. Many can easily do 500 emails/hour.
By experiences, I also found that their server was performance at all and experiences lots of downtime within one year of hosting with them.
So I strongly recommand to everyone NOT to host with Canaca. If you're already with them start looking for an alternative berfore they suspend your account. You can't afford your customer to see your website showing 'Account suspended' and cannot reach you by email either.
Quote:
Originally Posted by pawas
While surfing I have come accross many websites which were suspended by canaca, Is it clients are violating their Terms or they are not reliable?
Have you noticed any thing like that, I saw atleast 5 suspended websites in last month.
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Mar 8, 2008
there are about 5 accounts that show up in suspended list, but they are really not suspended and the dns still points to my server, sites are live. I tried unsuspending. Nothing. I suspended, unsuspended, nothing. I forced a cpanel upgrade, nothing.
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Oct 28, 2008
My username is getpayd
My shared hosting account was suspended for tos violation (adult content was found..absolutely legal, by the way)
Now all my websites are inaccessible, my control panel doesn't let me in, I cannot get access to my content..
I read your FAQ now, I understand what I did wrong.
"On our shared-hosting it is strictly forbidden to host adult content. This type of content usually generates a lot of traffic and could cause prejudice to our shared hosting clients due to server overusage coming from such websites."
I didn't think my 200 visitors daily put so much loading on your servers but now I see my mistake.
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Nov 6, 2008
I have a WHM + centos box and i've suspended some customers but guess what... they still have their services running I can still see their websites.
How can i fix that?
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Sep 27, 2008
Today i found out my server was suspended by VAserv without any notice beforehand. They sent me a email stating that i violated some policy as per email here:
-----------------------------------------------------------------
The server was suspended for AUP violations. Your server has IRC chat software installed as the message clearly states that
===================
> I found these suspicious looking connections on the Undernet IRC Chat
> Network connecting from a netblock you control. The originating ip(s)
> and undernet server(s) each one was connected to is listed below. The
> destination port they were using is most likely port 6667. Other
> possible
==================
The Chat software that you are using may be using IRC as an internal interface for operation.
Regarding the supension, We suspend all the domains, vps, servers who violate our terms and conditions and comes under scanner for AUP violations without any warnings given.
------------------------------------------------------------------
i am not running any IRC clients/servers. The only thing remotely close is a Userplane webchat app that i'm currently installing, and that is a private chat script. So even after all this emailing back and forth, my server is still suspended. Very lack of respect for their customers. I'm preparing to move my business elsewhere, i've actually been waiting for this... just needed a reason, and now i have one. Since they took over EpicVPS.. my original 80gb allocated storage have been taken away... somedays i see 50gb , other days i see 30gb.. i suppose they are overselling which is causing the fluctuation, even though they claimed its backup storage lol. Anyhow... has anyone encountered this, do they have the right to lock me out of my own server without notice?
I noticed that since their acquisition of EpicVPS, there has been alot of attitude from staff and a lot less user friendly. Network lags alot more now as well. All downhill.
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Jun 10, 2008
I found out why my website has been down for 8 days. I finally contacted someone at UWH and found that someone jacked my domain and spammed. So they suspended my account.
What really pisses me off is David Turner over at UWH has accused me of sending the spam. Even after I told him is was not me, he still accused me of sending the spam and threatened to bill my credit card for the spam fees.
I can tell you the $hit will hit the fan if he charges me anything and he had better stop accusing me of sending spam and appologize and it would be nice if THEY WOULD STOP THE SUSPENSION OF MY ACCOUNT!
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Sep 23, 2008
I have been with Midpulse for about a month, while hosting has been fine, but they really have serious issues with Billing.
I had selected Paypal Subscription when I signed up on 22-Aug and the subscription is paypable today 23-Sep, yet Midpulse Suspended my account yesterday itself for Non-payment Now, I'm confused whether I should cancel Paypal subscription or not.
Plus their HTTPS Billing area does not even open... so how the hell are customers supposed to Login to Billing area...
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