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ok this was the response i received from these guys.
Hello,
While the content is not hosted on our infrastructure (The IP address resolves to 23.109.38.64 which is not one of our IP addresses.), the domain appears to be pointing to our nameservers. As such, we are not required to take action against this domain. However, we will pass along your complaint to the customer and request they remove the domain.
Please note that you will need to contact their current hosting provider in regards to taking the content down. Should you have any other questions or concerns in the meantime, please don?t hesitate to reach out to us!
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