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From: "Jamie Baillie" <jamiebaillie at sympatico.ca>

Cc: <president at wildwestdomains.com>, <CopyrightClaims at wildwestdomains.com>,

††††††† <abuse at wildwestdomains.com>, <postmaster at wildwestdomains.com>,

††††††† <abuse at glorb.com>, <abuse at wiltel.com>, <postmaster at wiltel.com>,

††††††† <webmaster at wiltel.com>, <jan.gulbis at wiltel.com>,

††††††† <hostmaster at wiltel.com>

Subject: Cease and Desist Order JAMIEBAILLIE.COM

Date: Wed, 5 Oct 2005 12:05:29 -0400

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Jamie Baillie

3-42 Saranac Blvd

North York Ontario

Canada, M6A 2G5

Phone #: 416-781-0627

Email: jamiebaillie at sympatico.ca

October5 2005,

Dear Sir or Madam,

 

I am writing this to complain about infringements of copyrights held by Mr. Baillie and for Defamatory Libel against Mr. Baillie. A Complaint was went September 5 2005 and nothing was done in regards to this complaint. This is unacceptable to allow these clear violations to occur and it needs to immediately cease and desist.

http://www.jamiebaillie.com

The Image of Mr. Baillie on this page violates Copyright laws and the information contained on this website violates Defamatory Libel laws.

10/05/05 11:55:21 dns jamiebaillie.com

Mail for jamiebaillie.com is handled by ratbert.glorb.com Canonical name: jamiebaillie.com

Addresses:

64.192.187.20

10/05/05 11:40:18 IP block jamiebaillie.com Trying 64.192.187.20 at ARIN Trying 64.192.187 at ARIN Williams Communications, Incorporated WCG-BLK-5 (NET-64-192-0-0-1)

††††††††††††††††††††††††††††††††† 64.192.0.0 - 64.195.255.255 Glorb Internet Services WLCO-TWC02161560-GLORB (NET-64-192-186-0-1)

††††††††††††††††††††††††††††††††† 64.192.186.0 - 64.192.187.255

# ARIN WHOIS database, last updated 2005-10-04 19:10 # Enter ? for additional hints on searching ARIN's WHOIS database.

 

10/05/05 11:40:49 whois !NET-64-192-0-0-1@whois.arin.net

whois -h whois.arin.net !net-64-192-0-0-1 ...

OrgName:††† Williams Communications, Incorporated

OrgID:††††† WLCO

Address:††† One Williams Center

City:†††††† Tulsa

StateProv:OK

PostalCode: 74172

Country:††† US

NetRange:†† 64.192.0.0 - 64.195.255.255

CIDR:†††††† 64.192.0.0/14

NetName:††† WCG-BLK-5

NetHandle:NET-64-192-0-0-1

Parent:†††† NET-64-0-0-0-0

NetType:††† Direct Allocation

NameServer: STLDNS1.WCG.NET

NameServer: TULDNS1.WCG.NET

Comment:††† TO REPORT ABUSE, PLEASE CONTACT: ABUSE@WCG.NET

RegDate:††† 2004-07-13

Updated:††† 2005-07-12

NOCHandle: NOC215-ARIN

NOCName:†† Network Operations Center

NOCPhone:+1-800-934-8434

NOCEmail:noc at wcg.net

TechHandle: WIH-ARIN

TechName:†† Wiltel Internet Hostmaster

TechPhone:+1-918-547-2000

TechEmail:hostmaster at wiltel.com

OrgAbuseHandle: WAC18-ARIN

OrgAbuseName:†† Wiltel Abuse Contact

OrgAbusePhone:+1-918-547-2000

OrgAbuseEmail:abuse at wiltel.com

OrgTechHandle: NOC215-ARIN

OrgTechName:†† Network Operations Center

OrgTechPhone:+1-800-934-8434

OrgTechEmail:noc at wcg.net

# ARIN WHOIS database, last updated 2005-10-04 19:10 # Enter ? for additional hints on searching ARIN's WHOIS database.

 

10/05/05 11:41:02 whois !NET-64-192-186-0-1@whois.arin.net

whois -h whois.arin.net !net-64-192-186-0-1 ...

OrgName:††† Glorb Internet Services

OrgID:††††† GIS-71

Address:††† 226 N. Fifth St.

City:†††††† Columbus

StateProv:OH

PostalCode: 43215

Country:††† US

NetRange:†† 64.192.186.0 - 64.192.187.255

CIDR:†††††† 64.192.186.0/23

NetName:††† WLCO-TWC02161560-GLORB

NetHandle:NET-64-192-186-0-1

Parent:†††† NET-64-192-0-0-1

NetType:††† Reallocated

Comment:†††

RegDate:††† 2004-11-30

Updated:††† 2004-11-30

TechHandle: GIS-ARIN

TechName:†† Glorb Internet Services

TechPhone:+1-614-448-1305

TechEmail:sysop at glorb.com

OrgAbuseHandle: GISAD-ARIN

OrgAbuseName:†† Glorb Internet Services Abuse Department

OrgAbusePhone:+1-614-448-1305

OrgAbuseEmail:abuse at glorb.com

OrgTechHandle: GIS-ARIN

OrgTechName:†† Glorb Internet Services

OrgTechPhone:+1-614-448-1305

OrgTechEmail:sysop at glorb.com

# ARIN WHOIS database, last updated 2005-10-04 19:10 # Enter ? for additional hints on searching ARIN's WHOIS database.

 

Williams Communications AKA Willtell Communications AKA Williams as per your own Acceptable Use Policy (AUP) this individaul is in violation of your rules. You have repeatly been contacted and asked to remove this offensive material from your network and refuse to do so.

http://www.wiltel.com/customers/content/acceptable_use.htm

5. Users are prohibited from creating, storing or disseminating any material

(i) in violation of applicable law or regulation,

(ii) protected by trademark, trade secret, copyright or other intellectual property

†††† rights without proper authorization,

(iii) that is libelous, slanderous, defamatory, abusive, an invasion of privacy or otherwise illegal,

(iv) containing fraudulent offers for goods or services or any promotional materials containing false,

†††† deceptive or misleading statements, claims or representations.

This abusive site needs to be immediately removed from your network. Any further delays in removing this offensive material will result in legal actions.

10/05/05 11:42:02 whois jamiebaillie.com .com is a domain of USA & International Commercial Searches for .com can be run at http://www.crsnic.net/ whois -h whois.crsnic.net jamiebaillie.com ...

Whois Server Version 1.3

Domain names in the .com and .net domains can now be registered with many different competing registrars. Go to http://www.internic.net for detailed information.

†† Domain Name: JAMIEBAILLIE.COM

†† Registrar: WILD WEST DOMAINS, INC.

†† Whois Server: whois.wildwestdomains.com

Referral URL: http://www.wildwestdomains.com

†† Name Server: NAME1.GLORB.COM

†† Name Server: NAME2.GLORB.COM

†† Name Server: NAME3.GLORB.COM

†† Status: REGISTRAR-LOCK

†† Updated Date: 12-jul-2005

†† Creation Date: 13-nov-2003

†† Expiration Date: 13-nov-2005

>>> Last update of whois database: Wed, 5 Oct 2005 02:21:45 EDT <<<

NOTICE: The expiration date displayed in this record is the date the registrar's sponsorship of the domain name registration in the registry is currently set to expire. This date does not necessarily reflect the expiration date of the domain name registrant's agreement with the sponsoring registrar.Users may consult the sponsoring registrar's Whois database to view the registrar's reported date of expiration for this registration.

TERMS OF USE: You are not authorized to access or query our Whois database through the use of electronic processes that are high-volume and automated except as reasonably necessary to register domain names or modify existing registrations; the Data in VeriSign Global Registry Services' ("VeriSign") Whois database is provided by VeriSign for information purposes only, and to assist persons in obtaining information about or related to a domain name registration record. VeriSign does not guarantee its accuracy. By submitting a Whois query, you agree to abide by the following terms of use: You agree that you may use this Data only for lawful purposes and that under no circumstances will you use this Data

to: (1) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail, telephone, or facsimile; or (2) enable high volume, automated, electronic processes that apply to VeriSign (or its computer systems). The compilation, repackaging, dissemination or other use of this Data is expressly prohibited without the prior written consent of VeriSign. You agree not to use electronic processes that are automated and high-volume to access or query the Whois database except as reasonably necessary to register domain names or modify existing registrations. VeriSign reserves the right to restrict your access to the Whois database in its sole discretion to ensure operational stability.VeriSign may restrict or terminate your access to the Whois database for failure to abide by these terms of use. VeriSign reserves the right to modify these terms at any time.

The Registry database contains ONLY .COM, .NET, .EDU domains and Registrars.

Redirecting to WILD WEST DOMAINS, INC.

whois -h whois.wildwestdomains.com jamiebaillie.com ...

The data contained in this Registrar's Whois database, while believed by the company to be reliable, is provided "as is"

with no guarantee or warranties regarding its accuracy. This information is provided for the sole purpose of assisting you in obtaining information about domain name registration records. Any use of this data for any other purpose is expressly forbidden without the prior written permission of the Registrar.By submitting an inquiry, you agree to these terms of usage and limitations of warranty.

In particular, you agree not to use this data to allow, enable, or otherwise make possible, dissemination or collection of this data, in part or in its entirety, for any purpose, such as the transmission of unsolicited advertising and solicitations of any kind, including spam.

You further agree not to use this data to enable high volume, automated or robotic electronic processes designed to collect or compile this data for any purpose, including mining this data for your own personal or commercial purposes.

Please note: the owner of the domain name is specified in the "registrant" field.

In most cases, the Registrar is not the owner of domain names listed in this database.

Registrant:

†† Jamie Baillie Is A Spammer

†† PO Box 481

†† Blacklick, Ohio 43004-0481

†† United States

†† Registered through: JustThe.net

†† Domain Name: JAMIEBAILLIE.COM

††††† Created on: 13-Nov-03

††††† Expires on: 13-Nov-05

††††† Last Updated on: 26-Mar-04

†† Administrative Contact:

††††† Brozny, Geofflamie at jamiebaillie.com

††††† Jamie Baillie Is A Spammer

††††† PO Box 481

††††† Blacklick, Ohio 43004-0481

††††† United States

††††† 6144481305††††† Fax --

†† Technical Contact:

††††† Brozny, Geofflamie at jamiebaillie.com

††††† Jamie Baillie Is A Spammer

††††† PO Box 481

††††† Blacklick, Ohio 43004-0481

††††† United States

††††† 6144481305††††† Fax --

†† Domain servers in listed order:

††††† NAME1.GLORB.COM

††††† NAME2.GLORB.COM

††††† NAME3.GLORB.COM

Wild West Domains you are the registar of this site which violates copyright laws and also defames Mr. Baillie. This domain is to be immediately removed from your registry.

Wildwestdomains you have repeatly been also contacted about this offensive site and refuse to terminate the domain in question. You are the registar and know fair well about this matter and continue to allow the domain to operate even after receiving several complaints about this domain jamiebaillie.com. This domain is to be immediately terminated. ICANN this is one of your accredited resellers and they refuse to terminate a domain which is in clear violation of the law. Action needs to be taken by ICANN to ensure that this domain is immediately removed .

Wild West Domains as per your own Acceptable Use Policy this user is in violation of your Policies.

https://www.wildwestdomains.com/gdshop/agreements.asp??se=%2B&prog%5Fid=wildwestdomains&ci=3301

5. NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of Wild West ís Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Wild West if, for any reason, Wild West takes corrective action with respect to Your improper or illegal use of its Services.

Wild West reserves the right at all times to disclose any information as Wild West deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wild West 's sole discretion.

 

If You have purchased Services, Wild West has no obligation to monitor Your use of the Services. Wild West reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Wild West reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

 

Wild West 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 Wild West 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. Wild West may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

 

Wild West may also cancel Your use of the Services, after thirty (30) days, if You are using the Services 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 minors in any way. In the event Wild West cancels Your Services during the first thirty

(30) days after You purchase the Services, You will receive a refund of any fees paid to Wild West in connection with the Services being canceled. In the event Wild West deletes Your Services because they arebeing 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 Wild West if, for any reason, Wild West takes corrective a ction with respect to Your improper or illegal use of its Services.

The whole purpose of this site is to defame, harass, slamder,abuse and embarase Mr. Baillie So by your own Acceptable use policy this individual is in violation of your policies and I ask that this domain be immediately suspended.

 

Each of the search result URL's identified above contains Defamatory Libel, which as defined in the criminal code of Canada (article 298 of the criminal code of Canada) is a matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt, or ridicule, or that is designed to insult the person of or concerning whom it is published. A person publishes a libel when he: a) exhibits it in public

b) causes it to be read or seen, or c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by the person whom it defames or by any other person (article 299 of the criminal code of Canada).

 

I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please accept this demand for your clients to immediately remove all such statements, misrepresentations and assertions and copyright violations from the websites listed above.

I am sure it is unnecessary for me to explain laws related to slander, liable [sic], and defamation of character and the other potential violations of law already committed by this website.

There are also legal implications of libel, slander, defamation of character and invasion of privacy on the part of said website which I am sure your fair company would rather not be party to should the entire request for removal not be heeded.

 

Accordingly, please advise as to removal of these various items by 5 business days.

If they are not removed within this time frame then the following actions can be taken against you.

- a complaint against you and/or your company under the Uniform Domain Name Dispute Resolution Policy

http://www.icann.org/udrp/udrp-policy-24oct99.htm and http://www.icann.org/udrp/udrp-rules-24oct99.htm

 

- litigation against you and/or your company in either US or English Courts on the grounds of defamation,

trade mark and copyright infringement.

In the event that our client is compelled to take legal proceedings by your failure to comply with the reasonable requests made in this letter, our client reserves its rights to seek damages and/or an injunction against you and/or your company to prevent the Website from publishing defamatory comments relating to Mr. Baillie and for violation of copyright laws.

Whilst setting out the legal options open to our Mr. Baillie, we would reiterate that he would prefer to avoid formal legal proceedings if possible.

Given the nature of this letter, we would urge you not to post it to the Website. If you were to do so, we are confident that the relevant Courts (and any visitors to the Website) would interpret such action as clear evidence of the bad faith motivating your operation of the Website.

We look forward to receiving the confirmation that the website(s) have been removed and the requested written undertaking in the timescale set out above.

 

You may contact me at the email address jamiebaillie@sympatico.ca or via phone at

416-781-0627

Yours faithfully

Jamie Baillie