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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
Phone #: 416-781-0627
Email: jamiebaillie
at sympatico.ca
October 5 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.
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:
City:
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:
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:
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:
City:
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
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, Geoff lamie at jamiebaillie.com
Jamie Baillie Is A
Spammer
6144481305 Fax --
Technical Contact:
Brozny, Geoff lamie at jamiebaillie.com
Jamie Baillie Is A
Spammer
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 ’s 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 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
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