I need a host with balls - GoFuckYourself.com

czarina · 02-10-2010, 08:14 AM

I host with a very good company, but recently I put up a website on my server for one of my clients. Today my host sent me an email telling the following:

The complaint received is in regards to the website currently hosted at scammayakobamexico.com and the content therein. This website currently shows logo graphics and terms that are trademarked by the VHG group, specially in relation to VICEROY and KOR. In order to come back into compliance it is requested that you take the following steps:

1. Discontinue all use of VHG, VICEROY, and KOR marks and logos 2. Remove any term comprised of or incorporating the term VHG, VICEROY, and KOR 3. Remove any and all AdWords that make use of VHG, VICEROY, and KOR material

So my client needs a hosting company that will host this site. I understand that there's nothing illegal with this site, since this guy has every right to speak about these people who scammed him, but we've agreed on moving his site to another server. All he needs is a virtual account for now.

Any takers?

Amputate Your Head · 02-10-2010, 08:16 AM

He may have a right to speak about them, but not to use trademarks or copyrighted graphics. The host is right.

DamianJ · 02-10-2010, 08:27 AM

Don't you get 'fair use' legality with stuff like this in the US?

Like with the parody use etc?

Amputate Your Head · 02-10-2010, 08:28 AM

Quote:

Originally Posted by DamianJ

Don't you get 'fair use' legality with stuff like this in the US?

Like with the parody use etc?

It's not a parody, it's a rant about being scammed by them. Fair Use does not apply.

czarina · 02-10-2010, 08:49 AM

bump for this. Anyone?

Jack OAT · 02-10-2010, 08:57 AM

What host would be dumb enough to get involved in this for $10/month? Just sayin'.. your client would be better off talking to lawyers instead of this nonsense.

MoreMagic · 02-10-2010, 09:14 AM

Hotlink the image from there own site or a Chinese imagehost

czarina · 02-10-2010, 11:13 AM

it's not just the image, it's the text too

CYF · 02-10-2010, 11:17 AM

From EFF.org

Quote:

I want to complain about a company. Can I use their name and logo?

Yes. While trademark law prevents you from using someone else's trademark to sell your competing products (you can't make and sell your own "Rolex" watches or name your blog "Newsweek"), it doesn't stop you from using the trademark to refer to the trademark owner or its products (offering repair services for Rolex watches or criticizing Newsweek's editorial decisions). That kind of use, known as "nominative fair use," is permitted if using the trademark is necessary to identify the products, services, or company you're talking about, and you don't use the mark to suggest the company endorses you. In general, this means you can use the company name in your review so people know which company or product you're complaining about. You can even use the trademark in a domain name (like walmartsucks.com), so long as it's clear that you're not claiming to be or speak for the company.

Since trademark law is designed to protect against consumer confusion, non-commercial uses are even more likely to be fair. Be aware that advertising may give a "commercial" character to your site, and some courts have even gone so far as to say that links to commercial sites makes a site commercial. (See PETA v. Doughney)

http://www.eff.org/issues/bloggers/l...iability/IP#16

ShellyCrash · 02-10-2010, 11:22 AM

It doesn't matter where you host, this is going to follow this site anywhere you take it.

I'm unsure about to what extent the law allows you to use it in the body text of the site, but it is illegal to use their corporate logos. From what I understand you also can't use their terms in the meta tags or bid on them using adwords, etc.

Iron Fist · 02-10-2010, 11:26 AM

Nice find CYF.....

Good luck on finding a host.

LeRoy · 02-10-2010, 11:31 AM

Whats the url?

CYF · 02-10-2010, 11:46 AM

Quote:

Originally Posted by ShellyCrash

It doesn't matter where you host, this is going to follow this site anywhere you take it.

I'm unsure about to what extent the law allows you to use it in the body text of the site, but it is illegal to use their corporate logos. From what I understand you also can't use their terms in the meta tags or bid on them using adwords, etc.

It actually isn't illegal to use their logo, check what I posted from the EFF.

Paypalsucks.com uses the paypal logo. They've been sued by paypal and won.

Supz · 02-10-2010, 11:46 AM

Quote:

Originally Posted by ShellyCrash

It doesn't matter where you host, this is going to follow this site anywhere you take it.

I'm unsure about to what extent the law allows you to use it in the body text of the site, but it is illegal to use their corporate logos. From what I understand you also can't use their terms in the meta tags or bid on them using adwords, etc.

read the post above yours.

love all the gfy lawyers...

this would mean on any review site. no one would be able to make a negative review about someone...sure that makes sense.

Spudstr · 02-10-2010, 12:15 PM

Quote:

Originally Posted by MoreMagic

Hotlink the image from there own site or a Chinese imagehost

You need to read DMCA laws again. Even hottlinking images puts you just as guilty as the origin host.

Amputate Your Head · 02-10-2010, 12:15 PM

Quote:

Originally Posted by CYF

It actually isn't illegal to use their logo, check what I posted from the EFF.

Paypalsucks.com uses the paypal logo. They've been sued by paypal and won.

Being sued over it is probably a sure thing, for all sorts of things including defamation and infringement. Unless he's got the money to defend it, it's a better idea to just let it go. Being scammed sucks, but I doubt it's worth the trouble that this sounds like it's going to bring. The final legality of it is moot unless he's willing to go the distance. If he's got links to anything or is profiting from it in any way whatsoever, he's sunk from the start.

I am not a lawyer and nothing I've posted here today constitutes legal advice of any kind.
Take it for what it's worth. I've been sued before.

seeandsee · 02-10-2010, 12:20 PM

anybody with balls?

MoreMagic · 02-10-2010, 12:25 PM

DMCA works only in that little part of the world you call USA in the rest of our big world we clean our ass with that paper.

Quote:

Originally Posted by Spudstr

You need to read DMCA laws again. Even hottlinking images puts you just as guilty as the origin host.

F-U-Jimmy · 02-10-2010, 12:26 PM

Here you go
http://elephantiasis.freeyellow.com/...iasis_clip.mpg

ShellyCrash · 02-10-2010, 12:55 PM

Quote:

Originally Posted by Supz

love all the gfy lawyers...

this would mean on any review site. no one would be able to make a negative review about someone...sure that makes sense.

That's not what I'm saying- I am NOT saying they can't use the company name in the body text. What I AM saying is that going by DCMA you'd need to drop the logos, and going by google's regulations they can protect the use of their trademarked terms in adwords, etc.

If you want to sue over it maybe you can win, like paypalsucks did. But the DCMA is the DCMA, doesn't seem worth it to me.

Domain Broker · 02-10-2010, 01:04 PM

My advice: don't take on retarded clients (if possible)

CYF · 02-10-2010, 01:32 PM

I'd maybe look into www.nearlyfreespeech.net

bobby666 · 02-10-2010, 01:38 PM

nevertheless an interesting site

HomerSimpson · 02-10-2010, 01:52 PM

get some hosting in Russia or China and you'll have no problems...

02-10-2010, 08:57 AM	#6
Jack OAT Confirmed User Join Date: Nov 2009 Posts: 176	What host would be dumb enough to get involved in this for $10/month? Just sayin'.. your client would be better off talking to lawyers instead of this nonsense. __________________ my icq...... 615294405..... .....jackoatwebmaster@gmail I am a webmaster toolbox.. I can do it all.. I am Jack OAT mobile sites + xhtml/css + design + wordpress + script install/integration

02-10-2010, 11:22 AM	#10
ShellyCrash Confirmed User Join Date: Jun 2004 Location: Tampa Bay, FL Posts: 6,708	It doesn't matter where you host, this is going to follow this site anywhere you take it. I'm unsure about to what extent the law allows you to use it in the body text of the site, but it is illegal to use their corporate logos. From what I understand you also can't use their terms in the meta tags or bid on them using adwords, etc. __________________ Start making money with the hottest hookup site! up to $55 PPS or up to 75% Revshare ICQ 196766477

02-10-2010, 11:26 AM	#11
Iron Fist Too lazy to set a custom title Join Date: Dec 2006 Posts: 23,400	Nice find CYF..... Good luck on finding a host. __________________ i like waffles

02-10-2010, 11:31 AM	#12
LeRoy Porn Pusher Industry Role: Join Date: Jul 2007 Location: It's a dry heat Posts: 13,336	Whats the url? __________________ JAPANESE CAMS AND CONTENT SITES Skype - leroy.rowland2

02-10-2010, 12:20 PM	#17
seeandsee Check SIG! Industry Role: Join Date: Mar 2006 Location: Europe (Skype: gojkoas) Posts: 50,945	anybody with balls? __________________ BUY MY SIG - 50$/Year Contact here

02-10-2010, 08:14 AM	#1
czarina Webmaster Extraordinaire Industry Role: Join Date: Jul 2002 Location: A beautiful beach... Posts: 10,745	I need a host with balls I host with a very good company, but recently I put up a website on my server for one of my clients. Today my host sent me an email telling the following: The complaint received is in regards to the website currently hosted at scammayakobamexico.com and the content therein. This website currently shows logo graphics and terms that are trademarked by the VHG group, specially in relation to VICEROY and KOR. In order to come back into compliance it is requested that you take the following steps: 1. Discontinue all use of VHG, VICEROY, and KOR marks and logos 2. Remove any term comprised of or incorporating the term VHG, VICEROY, and KOR 3. Remove any and all AdWords that make use of VHG, VICEROY, and KOR material So my client needs a hosting company that will host this site. I understand that there's nothing illegal with this site, since this guy has every right to speak about these people who scammed him, but we've agreed on moving his site to another server. All he needs is a virtual account for now. Any takers?

02-10-2010, 08:16 AM	#2
Amputate Your Head There can be only one Industry Role: Join Date: Aug 2001 Location: Somewhere else Posts: 39,075	He may have a right to speak about them, but not to use trademarks or copyrighted graphics. The host is right.

02-10-2010, 08:27 AM	#3
DamianJ Too lazy to set a custom title Industry Role: Join Date: Jul 2006 Location: A magical land Posts: 15,808	Don't you get 'fair use' legality with stuff like this in the US? Like with the parody use etc?

02-10-2010, 08:49 AM	#5
czarina Webmaster Extraordinaire Industry Role: Join Date: Jul 2002 Location: A beautiful beach... Posts: 10,745	bump for this. Anyone?

02-10-2010, 09:14 AM	#7
MoreMagic Confirmed User Join Date: Feb 2006 Posts: 2,848	Hotlink the image from there own site or a Chinese imagehost

02-10-2010, 11:13 AM	#8
czarina Webmaster Extraordinaire Industry Role: Join Date: Jul 2002 Location: A beautiful beach... Posts: 10,745	it's not just the image, it's the text too

02-10-2010, 12:26 PM	#19
F-U-Jimmy Confirmed User Industry Role: Join Date: Apr 2006 Location: Visiting a city near you soon ! Posts: 6,853	Here you go http://elephantiasis.freeyellow.com/...iasis_clip.mpg __________________ icq. 176240424 44.years as a pornographer !!!!!!!!!!!

02-10-2010, 01:04 PM	#21
Domain Broker So Fucking Banned Industry Role: Join Date: Oct 2004 Posts: 2,427	My advice: don't take on retarded clients (if possible)

02-10-2010, 01:32 PM	#22
CYF Coupon Guru Industry Role: Join Date: Mar 2009 Location: Minneapolis Posts: 10,973	I'd maybe look into www.nearlyfreespeech.net __________________ Webmaster Coupons Coupons and discounts for hosting, domains, SSL Certs, and more! AmeriNOC Coupons \| Certified Hosting Coupons \| Hosting Coupons \| Domain Name Coupons

02-10-2010, 01:38 PM	#23
bobby666 boots are my religion Join Date: Nov 2005 Location: Heart of europe Posts: 21,765	nevertheless an interesting site __________________

02-10-2010, 01:52 PM	#24
HomerSimpson Too lazy to set a custom title Industry Role: Join Date: Sep 2005 Location: Springfield Posts: 13,826	get some hosting in Russia or China and you'll have no problems... __________________ Make a bank with Chaturbate - the best selling webcam program Ads that can't be block with AdBlockers !!! /// Best paying popup program (Bitcoin payouts) !!! PHP, MySql, Smarty, CodeIgniter, Laravel, WordPress, NATS... fixing stuff, server migrations & optimizations... My ICQ: 27429884 \| Email: