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layla7213
My tiredless efforts, will eventually pay off biggrin.gif Im sure we can make things right.
Not just for the good ole USA either.


I am sure you all have seen this before:

This is NOT SPAM! You agreed to receive emails from ______when you signed up.

Well, you also agreed to receive those emails/ads to click and get compensated as well, right? biggrin.gif Did your account get deleted because you were rude? or Posted? etc?

Instead of deleting your own account and emails---send it over to SPAM and let the Big guys handle it for you!

Anti-Spam Lawsuits
Navigation:? Home > Internet Law> CAN-SPAM Lawsuit


On March 10, 2004, four of the nation's largest e-mail providers sued hundreds of online marketers under a new CAN SPAM legislation. The lawsuits, filed by EarthLink Inc., Microsoft Corp., Yahoo Inc., and? America Online, mark the first time the law has been tested since going into effect in January 2004. ?

Six lawsuits were filed claiming the defendants obscured their identities and used other deceptive tactics to send out hundreds of millions of pitches for get-rich-quick schemes, pornography and other types of spam. The defendants allegedly falsified return addresses, routed their messages through other computers to cover their tracks, and engaged in deceptive advertising. One group of defendants in Canada allegedly sent nearly 100 million messages to Yahoo customers in January alone and resold the e-mail addresses of those who responded.

Helping you be honest ph34r.gif

Lay








markrag
i dont think this should be in this folder i think it should be in the praises
aliciaegg
edit pming you
dedj1234
This is not the best way to handle this. The forum and over 100 site's were down the other day because of spam complaint. This can cost more than it is worth as the host and server can be shut down accomplishing nothing but downtime for honest people. ph34r.gif
Shelly
For every action there is an equal and positive reaction..

Innocent people will get hurt and this is unfortunate but scammers and spammers need to be stopped and prosecuted.

I am still getting bombarded with bouncing emails because someone used my email address and spammed god knows how many people mad.gif
vanderwerf11
Lay,

I got your email today - thank you

I would like to talk with you in more detail about your ideas

can you PM me when you get a chance

cheers
Paul
layla7213
QUOTE (dedj1234 @ Mar 16 2004, 07:35 AM)
This is not the best way to handle this. The forum and over 100 site's were down the other day because of spam complaint. This can cost more than it is worth as the host and server can be shut down accomplishing nothing but downtime for honest people. ph34r.gif

blink.gif LOL This is the best way to handle it. Over 100? Obviously, that should tell you something about a majority of sites.

In addition, how spamming works biggrin.gif

I seen the posts re downtime, mwong(sp?) and the down servers.

It only costs more than its worth to the scammers. If you are legit, you wouldn't have to worry, would you?

As for the the "honest" people, wouldn't you say, to prevent downtime, which will happen regularly from the scammers, they will remove themselves? Find something legitmate?? So, they would not be affected? I would think.

All in all, the scams gotta stop mad.gif

ng980733
I don't see how any of these emails could be considered spam when you double opted in to receive them. When you sign up at most programs you also agree that the Terms of the program can be changed at any time.
mmamamel
Layla,

I like your style. I am more that willing to help out with anything you are going to do. You can PM me anytime. The more of us that stick together the better.

Melanie
layla7213
QUOTE (ng980733 @ Mar 16 2004, 12:28 PM)
I don't see how any of these emails could be considered spam when you double opted in to receive them. When you sign up at most programs you also agree that the Terms of the program can be changed at any time.

LOL You got that right I opted to get paid for them too!

So, like I said, Im saving my 1000's of emails and hope others do the same, for spam time down the road. On the scam sites, who will up and bail and down right cheat their members, delete accounts for being "rude" WTF? ROFL.

Ya TOS, "changed at any time", but not to the blantant obvious detriment of a member, especially those who pay for those memberships. (I haven't yet, Ill save my money for the honest sites). Changing Terms of Service to a company's advantage, ie, deleting, reducing, not paying, up and running (closing down) is FRAUD and a scam.

Come on now, you think just because its stated? Its protected? lol

Ever see this: "Surgeon generals warning: smoking causes lung cancer.....STILL liable!

If you think that clause "protects" these sites ROFL it doesn't. Trust me!

In addition, Spam will be a huge help in dealing with the cons biggrin.gif

Now mind you, these pay per clicks etc, are run by everyday people. They are not concerned with the financial and criminal consequences, just because its the net. Or nothing has really been done about it. There are always paper trails.

All these sites are very similiar. Someone should speak with an attorney when they open a pay per click/mail business instead of thinking, copy & paste, cash & dash.

I'll tell you this. I plan on doing something about it. Whether it be criminal or civil. The net place has so many cons and scams, I got plenty of time to sift through the scams and the honest websites. wink.gif

Ways to take down the scams and uplift the honest sites.

Let these scam sites get paid advertising from other scam sites, just don't include the search engines smile.gif for revenue. Im working on that!!
JessiJane
Layla,
Honestly I really like your way of thinking.
Pm me I need to discuss some things with you. (thanks in advance!)
Or I can just PM you now.......sorry I am losing it! laugh.gif
freebiesite
QUOTE (layla7213 @ Mar 16 2004, 05:52 AM)
My tiredless efforts, will eventually pay off biggrin.gif Im sure we can make things right.
Not just for the good ole USA either.


I am sure you all have seen this before:

This is NOT SPAM! You agreed to receive emails from ______when you signed up.

Well, you also agreed to receive those emails/ads to click and get compensated as well, right? biggrin.gif Did your account get deleted because you were rude? or Posted? etc?

Instead of deleting your own account and emails---send it over to SPAM and let the Big guys handle it for you!

Anti-Spam Lawsuits
Navigation:? Home > Internet Law> CAN-SPAM Lawsuit


On March 10, 2004, four of the nation's largest e-mail providers sued hundreds of online marketers under a new CAN SPAM legislation. The lawsuits, filed by EarthLink Inc., Microsoft Corp., Yahoo Inc., and? America Online, mark the first time the law has been tested since going into effect in January 2004. ?

Six lawsuits were filed claiming the defendants obscured their identities and used other deceptive tactics to send out hundreds of millions of pitches for get-rich-quick schemes, pornography and other types of spam. The defendants allegedly falsified return addresses, routed their messages through other computers to cover their tracks, and engaged in deceptive advertising. One group of defendants in Canada allegedly sent nearly 100 million messages to Yahoo customers in January alone and resold the e-mail addresses of those who responded.

Helping you be honest ph34r.gif

Lay

Yeahhh Layla smile.gif good points..

also the congress has considered rico action on spammers...racketeering...the internet has been added to ways criminals can collude...in addition to wire and phone lines

some "gangs' of wm...like that rebel crew actually could be considered in this...another huge fiasco is that annies biz..where the sweet annie had her 11K of monopoly money..esmartpay...frozen ...LOL

I agree that this is spam if the wm does not follow their part of the tos..

also..my new pet peeve is the way sites are switched around like hot potatos....ugh....bloated debt ridden sites are traded like baseball cards...disgusting..

I really think that the privacy act covers this;..when you join you join with one wm...you do NOT give them the right to sell your info..

lets face it..when a wm sells a site, they are selling the member base...
in violation of privacy act..

who would pay for a copycat script, a usually dumb name and either a copycat design or else a truly ugly design with graphics that were "new" and "hot" in like 1997 LOL>> yow

no...people are taking on the mailing list, the member list...to figure ways to drain it and squeeze it for the last few bucks..

layla..feel free to pm me or email me....cheriwave4@aol.com

I also like to talk on the phone so I would be happy to call you or vice versa smile.gif I like the way you think
Melissa BC
QUOTE
It only costs more than its worth to the scammers. If you are legit, you wouldn't have to worry, would you?


Wrong. There were over 150 sites that got shut down last weekend because of spam from only a few sites. They shut down the entire server with no warning which affected every site, NOT just the spammers.

You will hurt other, honest sites by doing this.
matois
There are a few flaws in this theory.

The Federal Law excludes most opt in or membership advertising EXCEPT when the RECIPIENT has decided they no longer want the mail.

There is a point of law called "tacit acceptance" which (on a high level) means if you accept a certain behavior for a period of time, and then decide to use the law at some later point in time to stop the behavior, you have no claim. You tacitly accepted the behavior. Example: your neighbor's kid cuts across your front yard every day to get to the school bus stop. You allow this or never say anything about it. One day, you're in a snit, and see the kid crossing your lawn. You call the cops and have the kid arrested for trespassing. Now, to a fault, the kid IS trespassing -- however, since you have allowed this behavior, those charges won't stick.

If you intend to use the spam laws to retaliate against WM/PO that don't pay or take off or shut down without paying, you have no grounds under the Federal Law as it is written.

Failure to pay is a contract law issue not a spam law issue. Federal Courts require you to show standing (venue, jurisdiction, diversity of defendants, and a few other things) in order to file. The points you make about using the spam law do not meet the criteria and a suit would be dismissed.

I've said it countless times before -- to pursue earnings, performance, refunds and the like from WM/PO, it's a matter of civil law in the state in which the WM/PO resides or the state from which the program is run. And as I've said before, the TOS on 99% of these sites are invalid and unenforceable contracts anyway, and any recourse to recover would end up being a suit for a debt owed.

M (who has wet nails again and isn't going back to edit typos! smile.gif)
ptrhost
I'm all for trying to fix things that are wrong but something here isn't meeting the eye.

Can't put my finger on it yet.

There is a saying it's better to have the skunk in your tent peeing out than have it on the outside peeing in.

freecashspace
Who needs the Feds?

From what I've seen, most anti-spam laws pretty generally useless. But reporting spam to hosts is generally pretty effective. Especially if you can work your way up the hosting chain until you find somebody who's interested in what you have to say.

As I believe a previous poster has pointed out, over 100 PTRs were recently shut down temporarily due to a SPAM complaint against their host. Now whether the spam complaint was legitimate or not, I have no idea. I'd think that most of the hosts that seem to specialise in PTRs would rather not have something like that happen to them, so they would be willing to deal with a PTR that was spamming members by sending emails after violating the Terms under which members agreed to receive those emails.

Or not?

Cheers,

Wil

trayse
matois ... i have a question and would like to hear anything you have to say on the matter. according to our attorney, informal terms such as those used in the ptre industry are not valid in a court of law. it is my understanding that a valid contract acceptable in the court systems must be written and signed in ink.

i have read that there is proposal for enabling valid online contracts using encrypted digital signatures, but that this issue is still only in the discussion stage. is this true in the us? our lawyer is, of course, canadian.
ptrhost
That's interesting Tryase. I think if they could get something like that going, we may see less of these fly by night sites pop up if there were some sort of signed legitamite contract signed.

matois
QUOTE (trayse @ Mar 16 2004, 11:35 PM)
matois ... i have a question and would like to hear anything you have to say on the matter. according to our attorney, informal terms such as those used in the ptre industry are not valid in a court of law. it is my understanding that a valid contract acceptable in the court systems must be written and signed in ink.

i have read that there is proposal for enabling valid online contracts using encrypted digital signatures, but that this issue is still only in the discussion stage. is this true in the us? our lawyer is, of course, canadian.

A contract does not always have to be signed to be a vaild contract. There are verbal contracts that are completely enforceable. There are three components required to make a contract valid and eforceable: Offer, Acceptance, and Consideration.

Offer -- PO sends paid email and promises to pay you to read it.

Acceptance -- you agree to receive it and click away.

COnsideration -- the "quid pro quo" or in this industry, adding up the clicks to pay you.

The breach -- failure to pay.

BUT WAIT ......

Just having those three components does not make it a vaild contract.

Both parites must have a capacity to enter the contract (i.e. age of majority, no impairment, etc.)

Both parties must assent to implied terms (anti-fraud laws, the substance of the contract must be legal, etc.)

ANd yes, there's more! smile.gif

In all contracts, both parties must have a remedy in case of breach. The TOS in PTR as they are written favor the writer (PO/WM) and are inherently invalid.

Valid contracts cannot contain ambiguous or vague words like "reasonable", "fair" or "appropriate" if they relate to adherance to the contract. (A prime example is "will be paid in 30 days or a reasonable time thereafter" -- invalid for a contract)

Conditions of a contract must be "conscionable." An example that will invalidate a contract is "we can change the terms at any time without notice". There are two contact problems there -- it is "unconscionable" as it does not afford the same protrection or benefit to both parties, and a change in contract is called a "novation" and must be agreed to by both parties to keep the contract valid.

Severability - the TOS must state that if one portion is found uneforceable and is thrown out, the rest of the contract stands.

Entire Agreement -- a good TOS should state that the TOS is the entire agreement between the parties, and all changes (novations) must be agreed to by all parties to the contract (does not mean the entire member base but each individual member).

A contract, in most states, must state what state's laws will be used to determine validity (if the parties to the contracts are from different states).

I don't know about Canada, but electronically signed contracts have been enforceable in the US since 2000. An electronic signature can be something as simple as an "I Agree" tick box coupled with personally identifying information.

Does that help?

M

p.s. the elements of a contract are the same in almost every industrialized country in the world. The application of contract law may be different, but all but a very, very few countries have the same elements of contract law as described above.
trayse
thank you very much for the information. yes ... that helps alot. so, basically, for the protection of everyone involved, it seems it would best to make sure all terms have the legal requirements you mentioned for a valid contract along with the 'tick' box signed electronically. (if my understanding is correct.)

i appreciate your taking the time to look into this for me. smile.gif
sophieca
QUOTE (Butterfly Cash @ Mar 17 2004, 06:32 AM)
QUOTE
It only costs more than its worth to the scammers. If you are legit, you wouldn't have to worry, would you?


Wrong. There were over 150 sites that got shut down last weekend because of spam from only a few sites. They shut down the entire server with no warning which affected every site, NOT just the spammers.

You will hurt other, honest sites by doing this.

Exactly .... there were only a few complaints and ALL the sites went down, it is common procedure, if complaints are received, everything is brought down without notice or a very short one and then investigation is done or measures taken, not the other way round ... so by doing this, instead of helping the good sites, you hurt them imho ... whereas the scammers/spammers probably don't care one bit, just change hosting and start again.
freecashspace
QUOTE (sophieca @ Mar 17 2004, 08:18 PM)
Exactly .... there were only a few complaints and ALL the sites went down, it is common procedure, if complaints are received, everything is brought down without notice or a very short one and then investigation is done or measures taken, not the other way round ... so by doing this, instead of helping the good sites, you hurt them imho ... whereas the scammers/spammers probably don't care one bit, just change hosting and start again.

So if this is the case, wouldn't it make sense for a hosting service to be a little more careful about who it accepts as clients?

If a host receives a report that one of its clients has illegal content, or is engaged in illegal activities, isn't it in the host's best interests to investigate and remove the site if necessary?

So why would PTRs be any different?

Complaints should go to the PTR first, then the host, then the hosts provider, and so on until somebody takes responsibility. And if that means bringing down a 150 sites until things can be sorted out, then I guess that's the way it would have to be.

Hosting providers might have to start looking a bit harder at the people they're accpeting payment from.

Cheers,

Wil

sophieca
QUOTE (freecashspace @ Mar 17 2004, 10:55 AM)
QUOTE (sophieca @ Mar 17 2004, 08:18 PM)
Exactly .... there were only a few complaints and ALL the sites went down, it is common procedure, if complaints are received, everything is brought down without notice or a very short one and then investigation is done or measures taken, not the other way round? ...? so by doing this, instead of helping the good sites, you hurt them imho ... whereas the scammers/spammers probably don't care one bit, just change hosting and start again.

So if this is the case, wouldn't it make sense for a hosting service to be a little more careful about who it accepts as clients?

If a host receives a report that one of its clients has illegal content, or is engaged in illegal activities, isn't it in the host's best interests to investigate and remove the site if necessary?

So why would PTRs be any different?

Complaints should go to the PTR first, then the host, then the hosts provider, and so on until somebody takes responsibility. And if that means bringing down a 150 sites until things can be sorted out, then I guess that's the way it would have to be.

Hosting providers might have to start looking a bit harder at the people they're accpeting payment from.

Cheers,

Wil

HYia,

Hmmmm ... ok, very often suddenly, the host receive notice from his data center that they will be shut down due to excessive spam complaint.

The host doesn't generally receive a long notice when that happens so first thing he does is moving all the sites asap and then investigate who is the culprit and take measures.

The host cannot know in advance who will complaint, about what site and what for ? They don't have a crystal ball.
First the sites need to breake the rules and SPAM etc... then reports are sent by people but before the host can notice it and do something, generally, it is already too late.


QUOTE
If a host receives a report that one of its clients has illegal content, or is engaged in illegal activities, isn't it in the host's best interests to investigate and remove the site if necessary?

That is exactly what they do ...

QUOTE
Hosting providers might have to start looking a bit harder at the people they're accpeting payment from.

Like I said before, unless you have a crystal ball, it is impossible too know in advance what the webmaster will do ... unless you refuse all clients but well, then am not sure your hosting service will be very productive smile.gif

I really do think that reporting left and right without thinking further harms a lot the innocent ones and the scammers reported that way just change host and have a good laugh ...

Sophie
freecashspace
You've made some very good points, Sophie, and I'm going to have to think about my position a bit more before.

One thing I definately agree with is that its not going to do any good to just start reporting sites without putting any thought into it, or just to cause trouble. This is a serious matter and it needs to be treated seriously.

I also think you may have a point about the scammers just switching hosts. On the other hand, if they keep getting reported, its possible that sooner or later they'll either decide to stop scamming people -- either by playing by the rules, or by just going away.

It sounds like most reponsible hosts already take action if there are reports of illegal activity and/or spamming. So maybe they will need to start thinking about implementing policies to deal with PTRs that are breaking their own TOS.

Cheers,

Wil
maximum
One thing I didn't opt in for at any of these programs was for my info to be sold., eg like Exitcashflow, Unsustainable and others have done.
mad.gif
freecashspace
QUOTE (maximum @ Mar 18 2004, 12:19 PM)
One thing I didn't opt in for at any of these programs was for my info to be sold., eg like Exitcashflow, Unsustainable and others have done.
mad.gif

Report them to their hosts.

Cheers,

Wil
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