From: [Psy]
Subject: Re: {Interaction#004-296-931}Site tempararily shut donw_abuse related issue
Date: August 13, 2007 9:54:32 PM CEDT
To: [redacted]
Thank you.
I would appreciate it if you could consider keeping the account active for a little longer to give us more time to find (and research) another hosting service. Of course, now that you have an official sworn statement, that should provide indemnification for you. I'm not sure how Ginger feels about it, but would you consider not disactivating the account at all? Other than this incident, we are generally satisfied with the service we have received from Netfirms.
Peace,
Mike
PS: and i do apologize for being a bit curt (ok, rude) in my previous email.
On Aug 13, 2007, at 9:43 PM, Netfirms Abuse wrote:
Hello Michael,
Thank you for your e-mail.
Please be advised that Dan was incorrect in providing you this response in regards to being notified in advance.
Nonetheless, we have reactivated the account for a period of 24 hours so that you may download a copy of your files. Please contact us once you have completed this task.
Regards,
Todd
Netfirms Inc.
www.netfirms.com
-----Original Message-----
From: [Psy]
Date: Monday, August 13, 2007 03:06 PM
To: [redacted]Netfirms Abuse (abuse@netfirms.com)
Cc: [redacted]
Subject: Re: Site tempararily shut donw_abuse related issue
Your policies state:
14. INDEMNITY.
YOU agree to release, indemnify, and hold US, OUR contractors including any relevant TLD registry, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or YOUR use of the Services, including without limitation infringement by YOU, or someone else using the Service with YOUR computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of OUR operating rules or policy relating to the service(s) provided. YOU also agree to release, indemnify and hold US harmless pursuant to the terms and conditions contained in any applicable Dispute Policy. If WE are threatened with such a claim by a third party, WE may seek written assurances from YOU concerning YOUR promise to indemnify US; YOUR failure to provide those assurances will be deemed a breach of this Agreement and may result in deactivation of YOUR domain name.
I, the content manager of sueschefftruth.com would have been willing to sign a statement under penalty of perjury that the content on my site was accurate to the full extent of my knowledge on the matter (which is extensive). I spent a long time personally writing those blogs in an effort to expose censorship, hoping that our new canadian hosts would actually bother to investigate the matter properly of actually contact us in advance before taking down the site. Sue Scheff is a liar and a crook. I will swear to that in a court of law a thousand times over. I was hoping that since the US had become so litigious, Canada might provide a better solution for a somewhat controversial site (fornits.com). I contacted my friend Rachael, who contacted Dan at your company. She informed him prior to our registration about Sue Scheff and he assured us in writing (citing the above text) that you would NOT remove the site without informing us first. He told us that in writing and as soon as Rachael gets to her computer we will be forwarding those emails to you. YOU have breached you own terms of service with US, not the other way around.
What incompetent idiot makes a judgement call on what is or is not defamatory material before at least bothering to contact both sides of the story?!?! Is this what passes for free speech in Canada? I'll be frank. I am ashaimed of the country I live in, but your actions show that you are becoming just as bad.
Cheers and happiness,
Michael Crawford (sueschefftruth.com content manager)
PS:
And if you do decide not to re-activate the site, could you at least bother to enable us FTP access or find a way to provide us with a backup of all our sites? I can't stress the importance of the content you are hosting (mostly fornits.com).
On Aug 13, 2007, at 8:10 PM, Netfirms Abuse wrote:
Hello Virginia,
Thank you for contacting us.
Please be advised that the account was temporarily suspended pending further investigation of the website sueschefftruth.com. We have received complaints of defamatory material on the website, and upon further review, we agree with the complaint.
Please also note that Netfirms reserves the right to suspend an account that is in violation of our Terms of Service without notice to the user. We are unsure of whom you spoke to during your signup however Netfirms would not offer a verbal agreement regarding a site suspension.
Regards,
Todd
Netfirms Inc.
www.netfirms.com
And I submitted a sworn statement too...
