WTF, intercosmos.com Threatening To Shut My TGP Sites Down

It seems everyone wants to debate whether or not a register has the authority to shut down a domain for what they believe is illegal activities.

That is fine, but I think you people are missing the bigger issue here. [WHAT IF] it is CP. Forget about directnic and your domain, your ass is fucked.

The bigger picture I think here is that affiliates "trust" people and companies they do not know on questionable content. You income, business, and freedom is a lot to put in someone else's hands. What do you tell the police on when they knock on t he door. " but there is an injuction" not against CP. And if the sponsors fucked up and their photographer or the photographer they bought the content from fucked up or slipped in some young shit, lost paper work, whatever, and the girl turns out to be 16 where does that leave you?

the bigger issue I think people should be worrying about --> http://www.gofuckyourself.com/showth...7#post11517607

man this shit is fucked up......

I hope u get your problem solved asap... keep us updated slick

keep us posted

I know a guy who has been having unprotected sex with hookers for the last 5 years. He is still alive and doing great. STD's don't exist !

not to mention that GoDaddy should be boycotted for openly supporting the .xxx domain idea

looks like people have a short memory

Unless of course you agreed to allow them to do all that.

From Directnic's terms of service:

https://secure.directnic.com/legal/index.php#CP


9 CONTENT OBTAINED WITHOUT RELIABLE CONSENT.

a You agree that if we determine that your use of our Services or System is in any way connected or affiliated with the display, promotion, or dissemination of content obtained without reliable consent from each participant-e.g., sexual or nude images involving children under the age of 18, bestiality, murder, rape-we may charge your account a penalty in the amount of US $1,000.00 for every domain name in violation of this section. You further agree that we may collect these penalties by any means we deem necessary, including but not limited to charging any credit card you have on file with us or auctioning your domains.

b You agree that we reserve the right to immediately discontinue your use of our Services or System and seize control of your account(s) and all domain names within your account(s) immediately and without notice to you upon a determination that you have violated this section. You further agree that if you fail to pay us any penalties assessed under this section, we may auction off any and all of the domain names within your account(s) to satisfy your debt to us.

c You agree that we may take all necessary steps to investigate, document, and report any findings that you have violated this section, including but not limited to disclosing your account information to any and all appropriate law enforcement agencies.

this also seems to be a bit of a hint from their website:

http://www.intercosmos.com/site/index.html
In the future its probably better to stick with hosts that actively seek out adult clients, like the ones that advertise on GFY or other webmaster boards, etc...

good luck!

wtf
I have my most important domains with directnic for a reason, so I can sleep well at night
seems this is about to change.

funny, i always thought directnic was started by some former adult webmasters.

Yeh, this is not funny, im in the process of changing registrar now

It was and is generally adult friendly.

I can see a trend here, companies starting in adult getting big with the help of adult webmasters and the ditching adult.

Same here. Never had a single problem with them.

Slick is a legit, and very helpful guy.

Hope everything gets resolved well for you soon.
Good luck buddy.

bump.....

Slick, I hope you get it worked out. You're a good guy in my book.

I'd seriously consider keeping all your domains at Moniker.com, they're the safest registrar these days and I highly doubt they'd pull something like this.

I'd hate to pay double the regfee for a service that pulls shit like that on me.

EbusDk can afford hookers?

Well, I've started my work for the day, so I'll keep you posted on what's going on as the day progresses.

what does this proof?? Just nothing!

points a) and b) are IF he has violated these terms, but he has NOT, at least their is NO evidience he has and mostly their won't be because most if not all galleries are from well known sponsor and affilate programs.

point c.) again requires that he has violated a) or b) which he has NOT, at least you can NOT show any evidience he has, so it's just obvious that c) doesn't count at such situation like the one in this thread.

Furthermore, even if you WANT to see "up-to-date-model-id's i realy doubt it's legal as a 3rd person slick first of all has NO personal connection to the models to ask them to handover their ID's and 2nd even if he had i guess it would be a crime to handover personal Id's of 3rd persons to whomever (excluding authorities with the legal right). I might be wrong, but following common sense there is no way you legally can force him to collect/handover the requeested documents, even if he agreed on your terms on it.

There are laws about procedures and information on who, how, when, why can gather it and it doesn't matter wahtever you write in your terms. These terms maybe frighten or scare some webmasters or people without knowledge about laws, but that's it.

If this was my case i first would check how many current laws directNIC with such behaviour is violating and i bet there are some.

Another thing is due what kind of complaint the whole thing happened? Just because someone somehow filled in a complaint about some of his sites? If so than why wasn't it forwarded to the authorities that deal with such cases? No idea how things are hanled at directNIC, but if everyone can send a complaint about a websites and you are goind to take such actions than this is a good method to remove "competitors" easy away (j/k).
If the complaint was sent by the authories than i doubt the story because i guess they would first investigated further before they would notify you and additionally for such actions it requires some paperwork too.

I personally never had a domain with directNIC and i won't ever have one. I wonder if the high prices over there are due their "investigation" and "review" jobs they handle beside registering domains.

Slick, good luck on it and tell your lawyer to check how many laws directNIC is violating with their behaviour, could help a bit!

Would suggest Moniker or Namecheap as others have mentioned. Hope it gets resolved quickly.

doesn't look it is, at least i wouldn't rate my registar "adultfriendly" in such cases, but maybe we have different understandings abou the meaning of "adultfriendly"

DirectNic is mostly owned by lawyers and those that have previously been in the adult biz. To even suggest that they aren't adult biz friendly is just absurd.

Michael has already said he's investigating this. Better to be dealing with an owner of the company than the US government, IMO.

And as someone else pointed out in regards to WEG, they aren't the only registrar that's locked domains if there was a legal complaint. They (DirectNic) gave Slick a week to explain the situation before shutting him/her down - looks like godaddy never offered a chance for WEG to respond.

I'am not sure if i agree to this.
Most people seem to fear authorities generally, but why fear them if everything is legal? i had in my adult career many dealings with the law and authorities due the adult business and for me it turned out that it's just fair. Authorities may question some things, check and investigate it and if everything is fine you are done, where's the problem?
I personally would prefer to deal with someone who knows the law, their rights, your rights, what they can do and what not, than just someone playing on his own internet-cyber-police.

As I stated, DirectNic is owned in part by lawyers. Plus I'm pretty sure they had their contract looked at by other lawyers. What makes you think they don't know the laws or your rights? Probably more than a lowend government official who's going to be investigating if it reaches that point.

being a lawyer for divorces for example doesn't make you an expert in cyber law automaticly, just generally that being a lawyer doesn't neccessary mean they understand or are experts in ALL laws. And even lawyers make mistakes.

Reading the entire post #1

whatever you tell me on this. This is NEVER EVER law confirm. So the directnic buddy is requesting Information about 250 - 1000 Model ID's, maybe even more. Now i'am too curious where the right for a registar is written that he can GATHER PERSONAL INFORMATION about 3RD persons!!!????!!!

than this sentence:

having in mind that already the 1st part i quoted isn't legal, maybe even a crime than we follow here with some kind of "blackmail", in the meaning of either you give us what we want AND/OR we close your site/business.
Again, their is NO evidience that he has anything illegal on his site, you requrest ILLEGAL information and he gets blackmailed if he is NOT following their request.

Do i miss something? Can you show me somewhere in the law where a registar has the right to collect model releases and id's and personal data from 3rd persons? If not, than this is just and simply illegal.

How i said, if i was in Slick's situation that's the first thing i would tell my lawyer. Sorry if i'am wrong, but i doubt i'am.

A company can not set private policy (in this case "terms and conditions") that require someone to break laws in order to follow it (and note no where in their TOS does it talk about conducting 2257 investigations).

State and federal laws trump corporate terms of use statements.

Again, I'm not an attorney, but I am relatively certain that in many states, and in many countries, turning over such identification documents to a 3rd party company like DirectNic could very well be a violation of privacy laws.

I agree. Starting communication with them like this will also show your willingness to supply the information they seek, but that you aren't in the position to provide it.

I would tell them to un-'legal lock' the domains / account and tell them they can contact the content owners; give them a list of URLs to all of the 2257 information pages for each of the sponsors too, even if there are hundreads.

Matt

First off, I am not a directnic employee, my only connection is that I have domains there and I happen to have a 5 year or so board relationship with MikeAI.

I am also not a lawyer and I can tell by what you write that you are not a lawyer either.

that said, para c indicates that I (as a person with a domain registered at directnic) will allow directnic to take all necessary steps to investigate whether I have violated these rules. One necessary step would be determining if indeed it is underage/illegal content. Therefore requesting that I provide age docs might be a valid request within the scope of their investigation.

The question of whether slik can give those documents is where privacy comes into play. Directnic can request anything they want from someone, as can you or I. If someone provides the information to them (or you or I) the person providing the info may be in violation of the law but the one making a request has not, imho, violated any laws at that point.




.

see my reply just above this one

Agreed, and this is not only frightening, but I think unenforcable? I was under the impression only US Government agents had the right to respect documentation, wtf is a third-party company doing requesting docs? They should be reporting it if they feel there's an issue with content.

so can you explain how gets directnic a service provider to put a "legal lock" on something they don't own ? Dont you need a court order for this ?

sorry for the missunderstanding in first place, i thought you might be affilated or an employee there.

But you are for sure TOTALLY wrong in your statement that only the person giving out information is violating laws. In this case he gets FORCED to do so, which is clearly stated in the email (either give us .. or we shut down ...)
Even without being a lawyer (but being someone dealt x times with laws) i can tell you that this could be a crime, at very least it's illegal. Just ot make it more clear, someone asking to do someone an illegal action is generally sentenced like the one doing the illegal action. In this case it's even harder, because he gets FORCED to do so and maybe only his post in this forum and thread avoided him to do so!

Exactly.

bump to be kept updated.

that sucks slick, you have awesome traffic.

I think most registrars reserve the right to screw with you.

From Godaddys TOS:

Go Daddy reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Go Daddy or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Go Daddy may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.


Except as set forth below, Go Daddy may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by Go Daddy in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event Go Daddy cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to Go Daddy in connection with the Services being canceled. In the event Go Daddy deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Go Daddy if, for any reason, Go Daddy takes corrective action with respect to Your improper or illegal use of its Services.

from moniker:

29. AGREEMENT TO BE BOUND
By applying for a Moniker service(s) through our online application process or by applying for and registering a domain name as part of our web or e-mail template application process or by using the service(s) provided by Moniker under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by Moniker. at any time. These terms will continue to apply to all past use of the Service(s) by You, even if You are no longer using the Service(s). You acknowledge and agree that Registrar may terminate or block Your use of all or part of the Service without prior notice for any reason, including, without limitation, if Registrar believes You have engaged in conduct prohibited by these terms. You agree that upon termination or discontinuance for any reason, Moniker may delete all information related to You on the Service and may bar Your access to and use of the Service.

You realize that the TOS means shit if it breaks other laws, right ?

I am fully aware of that.

Now, what laws does any of the TOS(es) I have quoted violate?

Exactly what I was going to say.


Here in Canada I would go to jail for longer giving that information out then if it was actually CP.

I would probably inform the feds that they are illegally trying to gain private information.

jeffery, don't let anhone fool you. Go back and read the original issue. They want a picture and a date of birth, the rest of the ID blacked out. They don't want any model personal information. How else would you prove the age of a model if you host asked?

money extortion from illegal activities. Of course you didn't quote it since you appear to be a selective reader. I'll quote it for you:

"CONTENT OBTAINED WITHOUT RELIABLE CONSENT.
You agree that if we determine that your use of our Services or System is in any way connected or affiliated with the display, promotion, or dissemination of content obtained without reliable consent from each participant-e.g., sexual or nude images involving children under the age of 18, bestiality, murder, rape-we may charge your account a penalty in the amount of US $1,000.00 for every domain name in violation of this section. You further agree that we may collect these penalties by any means we deem necessary, including but not limited to charging any credit card you have on file with us or auctioning your domains."

have you contacted directnic or this intercosmos people yet to find out if it truly was something they sent you? Or possibly just someone spoofing some shit to you?

They requested, "We require a current state issued photo id or passport for the models represented on the followings site that clearly shows their face and their date of birth." The model could be 25 now. A current ID proves nothing. They handled this so wrong. Sure they have to protect themselves but maybe they should have gone to the content producer for the info. If they want to be the police they have to investigate not make demands that could well be illegal in themselves.

the violation is how DirectNIC is handling what they call investigating.

If requesting 100's of Model ID's is their way how they handle "investigation" and by NOT following their instructions websites get shut down, than yes, than yes, the TOS and how it's handled IS violating law.

Without being a lawyer i can't say more about the whole TOS, however, the whole investigating process as well as the "how-what-to-define" process look questionable.

In my opinion the TOS points are made in generally in case authorities are asking for action and to be on the sure side toward the client, but not for taking law and "legal" actions in their hand or giving them the right to do so.

I'm assuming it is legit since Mike didn't say the name on the email posted was bogus and because I did try moving one of my undeveloped domains away from DirectNic and it never went through, so they definately got me locked.

i'm with namecheap and splitinfinity (see signature) and i have never had a simple problem with either of them...

The ToS is there. Slick agreed to it when he formed the account and registered the domains. It doesn't say "we can only ask for 1 ID"... Slick's sites have hundreds of images on every page.

If Slick wants to keep the domains and stay within his contract with Directnic, he need to follow the terms of the ToS or find a lawyer that can get that ToS negated in some fashion. Otherwise he is pretty much in a bad place.

Now, if you really want to get a better understanding of the subject, I recommend you spend 5 minutes surfing each of the "teen" TGPs that Slick runs. You might have a different opinion after that (please don't use webmaster eyes to look at things, look at it like some newbie without knowloedge of the models and the business).