Please, read this!

Does anyone else see something strange going on here? They will not remove this user yet it is clearly stated in their terms of service:

"3.5 You must not use the Totalise Free Services in any manner that may constitute a criminal offence or may provide grounds for a civil court case against you, or Totalise Plc, or any third party. You must not upload, transmit or download any message or material that:

(a) is defamatory, racist or sexist, threatening or menacing to any person or group of people, or contains any obscene elements (in particular, anything which is or could be interpreted as paedophilia), or which in the reasonable opinion of Totalise Plc is likely to cause annoyance or distress to any person....
you must not send any unsolicited e-mails to persons unknown to you ("spamming"). If you breach this Clause 3.5 in any way, we will be entitled to terminate provision of the Totalise Free Services to you immediately and to delete the offending message or material from the Totalise Free Services. We will also be entitled to report certain uses that we suspect may be criminal to the police - in fact, we are required by law to do this - or other authorities. We reserve the right provide your contact details to any person who complains to us about any use by you of the Totalise Free Services which in our opinion is not consistent with these Terms and Conditions."

I dunno about you, but I'm a more than a little annoyed and distressed by his behavior https://forums.windrivers.com/


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"640 K ought to be enough for anybody."
--Bill Gates, 1981

Amateur Radio Callsign KB3FHH

Quote:

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Originally posted by pga:
snip
Technically, I believe his parents would be responsible for his SPAM in the US or UK. And if his ISP does not repsond to his excessive SPAM, threats, and online harassment, they would also be liable.
snip
[This message has been edited by pga (edited December 11, 2000).]

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Sorry PGA completely legal overhere unless he makes defamatory comments about a real and identifiable person (specifically excludes nicknames) in an enviroment where his standing would cause actual loss to the person or persons defamed

Simon

debunking free stock issues.
http://www.snopes2.com/inboxer/nothing/stock.htm#add

Click on the link at the bottom to the SEC investigation

Now, like I said, I don't know if these guys are legally registered to trade in the UK, but given the fact that they are denying it to us, then I would think something fishy is going on. But, that's just me.

(a) is defamatory, racist or sexist, threatening or menacing to any person or group of people, or contains any obscene elements (in particular, anything which is or could be interpreted as paedophilia), or which in the reasonable opinion of Totalise distress to any person....[/b]Plc is [b]likely to cause annoyance or
you must not send any unsolicited e-mails to persons unknown to you ("spamming"). If you breach this Clause 3.5 in any way, we will be entitled to terminate provision of the Totalise Free Services to you immediately and to delete the offending message or material from the Totalise Free Services.

Did he not send e-mails threatning to mail bomb you guys? That would fall under both A and B ,threatning and caused you great distress (should i open my mail, what if I really did get bombed?)

Quote:

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Originally posted by unikey:

Sorry PGA completely legal overhere unless he makes defamatory comments about a real and identifiable person (specifically excludes nicknames) in an enviroment where his standing would cause actual loss to the person or persons defamed

Simon

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funny thing... i did a search on altavista with the following search terms:

online harassment spam law UK

and the #7 ranking was: http://www.totalisetelecom.net/terms.htm

i thought this was funny as 7734!!

aside from the whole page, check out section 6.3

Here is there reply to the email I sent:

I have been passed your comments regarding a Totalise E-mail user.
After looking at the posts made by jholloway I can only suggest that the moderators of WinDrivers take action against this user.
We have over 150,000 registered users and policing them outside their actual use of Totalise services is an impossible task. If the user used a Totalise mail address to directly spam or send offensive material then we would suspend his account.
I do understand the frustration when you get an annoying flame war going on in a reputable newsgroup/forum, but again I would suggest the owner of the forum takes appropriate action. The forum in question I notice is using UBB software - This software can be configured to a high degree to automatically remove words of an abusive nature and as I have noticed the user has already warranted a ban from the forum.
May I also add that Totalise users do not in any way receive incentives for sending/receiving e-mail - This statement from Mr Holloway was I believe a means to continue aggravating the users of the WinDrivers Forum


Best Regards and I hope your forum returns to a peaceful posting arena...

Garth McMullan
Systems Admin/ Infrastructure Mgr.


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Why do convenience stores that are open 24/7 have locks on the doors?

If you look at the above reply, he said they would suspend them if he had used a Totalise email address (althought that's not what there spam policy states!)...so if anybody got email directly from him, forward it to them to look at, then they will HAVE to suspend his account!

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Why do convenience stores that are open 24/7 have locks on the doors?

[This message has been edited by 3fingersalute (edited December 12, 2000).]

After reading the previous posts, I can honestly say that it is a waste of time complaining to the 'larger' ISP's in the UK , at least, regarding Spam or abusive behaviour. I have had similar probs on other forums and they are just not interested in the slightest and recommend that the individuals involved sort it out between themselves regardless of what the terms & conditions say. Unfortunatly this is something that we will have to suffer as companies don't give a monkeys about hassles caused by a minority.

Speaking of Spam, how many of you members out there who have Hotmail accounts, keep recieving Spam from other Hotmail users that just goes undealt with by the Hotmail staff!!! I know I get at least 3 or 4 a day and nobody has my Hotmail address!!!!!

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Visit my BRAND NEW Site from the 4th November 2000.

The Carpers Lodge.net
The Webs Number One Resource for Today's Carp Angler.

Quote:

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Originally posted by Revenant:
First, addressing the suing issue. As far as I know, no laws have been broken by any party. (I didn't even suggest a lawsuit, so please don't attribute it to me! https://forums.windrivers.com/ )

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you're right, I'm horribly sorry. It was pga I meant and you are also correct in the lawsuit as opposed to suing. I guess finals week is getting to me.

ibennetech: no prob... I'm just not a lawsuit happy kindof person. Too much of it goes on. I've had several chances at it, but you know, too often people look at lawsuits as winning the lottery. "Hey! I fuond a hair in my soup! I'm gonna be a millionaire!" This is precisely why we have instructions on how to open a can of coke. Why McDonald's coffee says "Contents may be hot." Not b/c the individual was so dumb they couldn't figure it out, but instead b/c they saw it as a get rich quick scheme, and, unfortunately, succeeded.

Darren: this is my first company in the UK where I've had an issue like this. I have dealt with several companies here in the US who as soon as you mention the possibility of spam, they drop the user. So I guess I'm a little spoiled. As far as Hotmail goes, I use the Inbox protector, and on my real hotmail account, I get very little spam. (I just block senders I don't like, I figure it costs them in bandwidth to keep sending me messages, so why remove my addy...) As far as who it's from, it's pretty random, and most of it's from supposed opt-in email services, which is funny, cuz I always clear the opt-in BS. oh well. Spam is unfortunately a part of life. Since I got a free email account, hotmail, I don't jealously guard my inbox like I once used to. However, I will jealously guard forums that I think are worthwhile. There are only two of these that I have found, Windrivers and UltimateJeep (for my heep, babeee) When someone jumps on one of these forums, esp a tech assist related forum, and bashes people who offer up valid and pertinent information, regardless of whether it was the exact problem, I get offended. Anyone who thinks there is only one solution for any given circumstance, described in only a few words, obviously hasn't been out in the real world very much. I hope noone takes offense (offence, for you brits? heheheh) at me for taking this one personally and declaring vendetta. https://forums.windrivers.com/
Anyway, that's just my view.

Pick your battles wisely. This kid is not worth it.

Quote:

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Originally posted by ibennetch:
well, now I got what I feel is a rather indifferenet and mean reply from some fellow named Garth who reports that
1) this deal with the 'shares' is a lie, and
2) he and his company have no interest in shutting down this user. so much for anti-spam policy. I wonder how accurate Revenant's thoughts about legal action by windrivers are (or any of use techs for that matter). I for one think that if they're going to have that type of policy they should enforce it. That's called lying here in the US

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Ya know, somehow I had a feeling about this one...that they wouldn't care and all. Number 1: They're a free ISP, and probably overloaded, which means they're probably slower than you would believe. That means they have to give their subscribers some leeway in order to keep them and sell advertising.
Number 2: There are several ISPs that just don't give a d*mn, no matter what their users (a big one that comes to mind is AOL...if you haven't noticed, when using IRC all the guys with pingflooders and nukers are using AOL, because it'll screen out anything but a triple pingflood from a broadband or higher connection....it acts as a firewall.) I think this Totalize.net falls in that category too...some ISPs just realize their place and sort of cater to the spammers and hackers, and pretty much ignore the "terms of service" that they're usually required to have by law. See, while they're required to HAVE them, they're usually NOT required to ENFORCE them....and in the instances that they are required to do so, laws don't specify how.
Welcome to the real world of commercial big buisness. Best thing we can do is set up a filter on his e-mail address in both our mailboxes and on this BBS. Then when he's not getting attention anymore, he'll go away. Guys like that LIVE on attention...they don't get it, they go somewhere else and look for it.


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Bryan Pizzuti
CompTIA A+, CNAP
[email protected]

I agree that flaming in these posts is not acceptable. People visit here to either ask for help, give help, or generally find things out.. the last thing needed is people popping in for an argie...
I'm on this site ALL DAY at work, as there's nout else to do.... love it, and couldn't live without it.... (i think..!£"*^!:)

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A General Protection Error has occured - Time to go home...

Quote:

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Originally posted by Darren Wilson:
After reading the previous posts, I can honestly say that it is a waste of time complaining to the 'larger' ISP's in the UK , at least, regarding Spam or abusive behaviour.

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actually... this whole thing with TechUK was really just a waste of time.... and it looks like it is pretty much over with anyhow, as he has not contiued posting.

In the end... he got want he wanted... to get to us, to raise a big stink and cause a problem on the forum with him being the center of attention.

Quote:

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Originally posted by Revenant:
ibennetech: no prob... I'm just not a lawsuit happy kindof person. Too much of it goes on. I've had several chances at it, but you know, too often people look at lawsuits as winning the lottery. "Hey! I fuond a hair in my soup! I'm gonna be a millionaire!"

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but isn't it the Amercian way??? https://forums.windrivers.com/