Friday, January 16, 2004

Uh cont (my reply)

My reply-to-all to which I'm adding abuse@yahoo and abuse@hotmail

To uce@ftc.gov, abuse@cox.net, fm99audio@757.org:

Mr. Gage (dvsoo7@yahoo.com) received the demand for payment by posting an unsolicited advertisement on a computer located within the state of Virginia without permission. This act violates Virginia state law and is punishable by jail, fine or both. Also, the front page of my blog expressly states that posting unauthorized advertisements to my blog comprises consent to pay $100 for each advertisement. Either he did not read it, chose to ignore it, or has $100 that he's willing to remit immediately. I have done nothing illegal. I have only demanded
payment for services used by Mr. Gage for which he had no permission to use.

To abuse@hotmail.com, abuse@yahoo.com:

Please note while I sent the "request for payment" to a blog spammer at at Hotmail account, which was used to register the advertised domain of www.best-online-casino-directory.com, the reply came from a Yahoo account. Please review your terms of service to see if he has violated any Terms of Service he may have agreed to by using your free services.

To all:

Unless Mr. Gage can produce a legitimate California State gambling license (as requested below), there is a possibility that he is running an illegal gambling web site in the state of California under a site name registered in Australia while residing in Illinois and misappropriating advertising services in Virginia.

To Mr. Gage:

I find it interesting that you're able to get an opinion from a lawyer on such short notice. Could it be that you have one on retainer for just such a purpose (responding to requests for payment for the advertising services you've borrowed)? It lends support to my original opinion that you've had this argument before with other people who've managed to track you down for using their websites to promote unauthorized advertisements without their permission.

Please give me the name of your lawyer so that I may contact him directly. I find it doubtful that you actually have a lawyer as they don't normally advise the layman to respond to any communications in such a manner. Rather, lawyers are paid to communicate legal matters. If a lawyer told you to do anything, it would have been to either 1) put me in contact with the person(s) you hired to advertise your site or 2) politely ask for more information.

In case you haven't read it, the following statement is at the bottom of the main page of my blog:

"Note: Unauthorized advertisements posted to this
site or to the comments section for this site comprises
agreement to pay $100.00 (U.S.)(non-refundable) for each
advertisement. I also reserve the right to terminate said
advertisement(s) at any time."

Please consider my demand for payment for your use of my website as having been reiterated.

Also, since the IP address used for your website is registered within the state of California, would you mind providing the Number from your California State gambling license along with the jurisdiction within which it was registered.

Please note that if you are unable or unwilling to comply with the above, I shall feel the need to contact your domain registrar and indicate that you have violated "Part 2" of your terms of service which state:

"By applying to register a domain name, or by asking Melbourne IT to maintain or renew a domain name registration, the Registrant hereby represents and warrants to Melbourne IT that (a) the statements that the Registrant made in the Registration Agreement are complete and accurate; (b) to the Registrant's knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) the Registrant is not registering the domain name for an unlawful purpose; and (d) the Registrant will not knowingly use the domain name in violation of any applicable laws or regulations. It is the Registrant's responsibility to determine whether the domain name registration infringes or violates someone else's rights."