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So, I
got off work early today and went to one of the local coffee shops to
get online.... and what should be in my email inbox, but a letter from
my web hosting company about a complaint lodged against this website.
Here is what they wrote:
We have been advised by a visitor to your web site (at: austinartfarm.org) that such web site contains content that is alleged to be untrue, offensive, slanderous, harassing or controversial in nature.
Accordingly, please remove such content within 48 hours of this notice. Failure to delete such content within such period will result in termination of your website. The notice we received is below.
As you may know, we are a web hosting company. We are not responsible for the content or links posted by our customers who create and place content on websites that we host. We further do not "monitor" the websites that we host or prescreen the content placed by customers on their sites. However, when we become aware of allegations of improper activity by one of our customers using a hosted site, which would be a violation of our Terms of Service (TOS) governing the web sites, we take such situations seriously, investigate promptly, and take appropriate action.
Should you have further questions, please contact us.
Sincerely,
General Counsel
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Here is the complaint as filed by Adam Yoo:
To whom it may concern,
My name is Adam Yoo. I am the founder of the Austin
Art Farm in Austin Texas. In August of 2006 I
commissioned William Oleary to help us get a web
presence up for this organization. He was to register
our domain name, austinartfarm.org, and build a
website for us. About 6 months ago, we had a falling
out that ended in myself being physically assaulted by
this man.
At that time he left the Austin Art Farm escorted by
the police and told not to return. Since then I have
received numerous hate letter, threatening emails,
blackmail requests, and now our website,
austinartfarm.org, is being used as a tool to spew his
hate and lies.
This man has a history of violent behavior and is
mentally unstable presently. I only wish I had known
this before I became his current sworn enemy.
If you check out the site, you will see that he is
accusing the Austin Art Farm of some serious things.
Things that are far from the truth.
I beg you... please, do not allow your servers to be
used to further this mans miss guided quest. I
thought we owned the domain name and he was simply the
administrator on the account but I have since learned
that is not true... If I do not have the power to
take that site down, I hope you can tell me how it is
to be done.
Thank you so much for hearing my concern,
Adam Yoo
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Hmmm, "mentally unstable".... now Adam Yoo is a psychiatrist ?? that is
interesting for a man that refuses to ever take responsibility for his
actions.
I have a "history of violence" ?? that is also interesting seeing as
how
he can not prove that, and would that not be considered slander since
he can not prove it ??
This is my response to this letter from my hosting service (my part in
green):
We have been advised by a visitor to
your
web site (at: austinartfarm.org) that such web site contains
content
that is alleged to be untrue, offensive, slanderous, harassing or
controversial in nature.
Well, in order
for
something to be considered slander it has to be proven in a court of
law to be untrue, but the fact is that I can produce up to (and this is
being generous) at least 200 witnesses to back up every claim that is
on that website.
Let me guess,
the
complaint came from earthdrum2000 at Yahoo.com ?? if so, that is Adam
Yoo who is the person in subject at that website, and if Mr. Yoo wishes
to file suit against me and take this to court I am more than happy,
and willing to do such and prove everything legally against him.
Thank you for
your
concern about my site but there is no need to pull the site seeing as
how it does not contain anything that is untrue, slanderous, harassing
or offensive, nor is anything in there controversial in nature.
I have the
right to
free speech.... at least that is what I was taught growing up in
school.... if your company is about hindering my Constitutional rights
maybe I made the wrong choice in my decision to host with your company,
and will have to consult an attorney if my site is pulled.
Accordingly, please remove such
content
within 48 hours of this notice. Failure to delete such content within
such period will result in termination of your website. The
notice we
received is below.
Sorry, but I
have
rights in this country and one of such rights is freedom of speech
regardless of who disagrees with what I have to say especially when it
is 100% fact and truth, and should your company pull my site I will
seek legal action for violation of my Constitutional rights.
As you may know, we are a web hosting
company. We are not responsible for the content or links posted by our
customers who create and place content on websites that we host.
OK, so since
you are
not responsible stay out of it.... see, how simple that is ?? if the
person that has a problem with it wishes to take legal action against
me then so be it, but I have rights as well that I will fight for, and
hindering of those rights is on your company should that site be
pulled.
We further do not "monitor" the
websites
that we host or prescreen the content placed by customers on their
sites. However, when we become aware of allegations of improper
activity by one of our customers using a hosted site, which would be a
violation of our Terms of Service (TOS) governing the web sites, we
take such situations seriously, investigate promptly, and take
appropriate action.
Well, I hope
your
company understands that I take my Constitutional rights extremely
serious and will take legal action against your company should your
company remove this site, and as you have already pointed out your
company is not responsible for what I post on my site, and as a grown
adult of 43 years of age I am very capable of taking care of myself
without your help, and look forward to Mr. Yoo taking legal action
against me for the content of that website. |
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