Here is the entire situation in a support ticket. I have blocked out the name to protect the Data Centers identity.


Subject: Nomadic Network Abuser
Created: 2003-09-11 07:57:37
Closed: 2003-09-11 18:36:49
Domain: blablablabla.bla

Hello

Your ticket has been closed. Below you will find all comments made in reguard to this ticket.

Thank you for using our Online Support Center.

Best Regards,
blablablabla.bla

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Context of your support request
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[Status: Open] Thu Sep 11, 2003 07:57 AM
Something to brighten your day...

Culprit: blablablabla.bla
Owners name: blablabla

This Porno publisher and SPAM spewing abuser signed up a few reseller accounts with me and and within just a few hours was spiking his bandwidth. A look at his account confirmed the usual garbage his type brings into a network. I shut down his accounts. Today he reqests a refund. As I ponder that, I pull up http://blablablabla.bla
and noticed he has moved one of our "HostSkin" designs and decides to take it with him. So I traced him and found he is still on the blabla
network at bla.bla.bla.bla


Here is something interesting to look at.
http://blablablabla.bla <-Our Demo Hosting Site
http://his.copy.of.our.site <-Also our Hosting Site

http://his.copy.of.our.site/welcome.html < This page outlines our AUP and terms along with copyright information. (Page that proves our copyright ownership)

PORNO:
His MO is to setup a "clients reseller account" his so called clients domain is http://blablablabla.bla

A lookup on the name reveals it is registered to

blablablabla
x x
Box 555
x, LA 90210
US
Phone: 555-555-5555
Fax..: 555-555-5555
Email: webmaster@555.com


Here is a short list of some of the offensive websites he published on our server. All of these sites were terminated without notice as soon as I had the chance:

dirty-websites.com
slingking.com
yahore.com
justvideoclips.com
webklips.com
star-pics.com
videoklips.com
avs-movie-pass.com
violetflys.com
funny-videos-clips.com

Would you give some consideration to enforcing your terms in this situation? I found this on your site. According to this he is violating the copyrighted material portion of your terms. He may be in violation of your Porno rules as well. I don't know that for sure. It looks as if he moved these off of your network.

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"Web Site, Server, and Network Content/Use Provisions

(for all accounts) All services provided by blablabla and its underlying service providers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material protected by trade secret and other statutes, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses."
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Thank you for your consideration in this matter.

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[Tech: blablabla, Status: Open] Thu Sep 11, 2003 <BR> 08:19 AM
Hello,

Please look into the matter.

Regards.

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[Status: Client Updated] Thu Sep 11, 2003 <BR> 08:33 AM
Did you mean to say you are looking into the matter?

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[Tech: blablabla, Status: In Progress] Thu Sep 11, 2003 <BR> 09:11 AM
Yes. We will see what we can do.

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[Tech: blablabla, Status: In Progress] Thu Sep 11, 2003 <BR> 01:42 PM
We tried to contact the owner put were not able to. We will continue to investigate this issue. http://blablablabla.bla has been suspended until we are able to talk to the owner.

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[Tech: blablabla, Status: In Progress] Thu Sep 11, 2003 <BR> 02:35 PM
We have contacted the owner. He said it was copied over when he transfered other sites and he did not realize what he did. He will have the material removed ASAP.

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[Tech: blablabla, Status: In Progress] Thu Sep 11, 2003 <BR> 02:50 PM
The copywrited material has been removed.

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[Status: Client Updated] Thu Sep 11, 2003 <BR> 05:48 PM
Thank you. I see he still remains on your network. Are you planning to keep him? He already violated my AUP and yours on two totally different occasions. I dont like it. The fact that you would begin to service his account after I removed him to protect my own. It does not sit very well with me. What do you think? They guy is is porno thug.

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[Tech: blablabla, Status: In Progress] Thu Sep 11, 2003 <BR> 06:02 PM
We will keep an eye on him. I explained our policies directly to him and explained what would happen if the policies are not followed.

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[Status: Closed] Thu Sep 11, 2003 <BR> 06:36 PM
Well, I can understand that you warned him. That was not my point. My point is that I warned him twice. He did it anyway. I booted him. Then my provider picks up his account? That's in real poor taste if you ask me. I would never ever do that. It's just bad business. Your choice.

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........So, I closed the ticket here......}

I am curious to see what others think about this. I warned the guy twice and he went ahead and violated my AUP as well as my Data Centers AUP. I terminate him. He sets up shop at the Data Center (they sold him a shared reseller account I guess) Then he violates thier AUP again with copyright iissues. He had already made changes to the site he stole from us. To me that is evidnce that moving the site over was no "Mistake" The point here is that I htink this is real bad business. Real poor tatse in my opinion. At best it is bad judgement since I may discontinue all service with this Data Center based on this incident.

What are your thoughts?

IMHO, it's nice to see that they "warn" first, giving the customer an opportunity to remove said content and abide by the rules rather than the shoot first ask questions later approach. Because this person did this to "you", doesn't necessarily mean that the other provider should look at that and say "you broke 'his' rules, go away". Now if they continue to keep this customer after they've broken their rules by not abiding by their instructions to remove said content, then they have every right to boot him, no questions asked.

Like I said, it's just my opinion. :)

I'd like to know who the DC is. That conversation looks familiar.

But, I think it's VERY WRONG! The DC involved is only adding to the SPAM world. But like I said in a message some weeks ago, no one cares, it's all about the MONEY and GETTING PAID!

As long as SPAMMERS are paying top quality dollar, more than you and I, they will ALWAYS have a home on any ISP!

There's only ONE thing that matters in the AMERICAN ECOMONY and to AMERICANS, and that's MONEY!

Thanks,
David K.

Thank you for your comments WebNet.

I just want to be very clear here.

I am not suggesting that the Data Center is encouraging spam. I do know that they would never do that. So I just want to be clear.

I am not looking to reveel the name or soil the image of this Data Center. So PLEASE if anyone reading this can tell what DC it is, keep it to yourself. It's not necessary.

I just want feedback on providers giving service to people after a downstream customer boots them for being a criminal.