Author Topic: Circumventing Bans - Legal consequences  (Read 11813 times)

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Offline Keiro Dreamwalker

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Circumventing Bans - Legal consequences
« on: January 06, 2012, 06:21:16 pm »
Since we have someone circumventing bans, I'm going to address this right here, right now.

Since FSTDT is a client of EidolonHost, and I am the Technical Services Admin, I am going to pull the Terms of Service, found here...

... and reproduced here for your interest and knowledge:

Server Abuse

Any attempt to undermine or cause harm to a server or customer of EidolonHost is strictly prohibited.

EidolonHost will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, vulnerability scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to EidolonHost, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - EidolonHost has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rapidleech), illegal pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by EidolonHost to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to unmanaged and managed VPS and dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

I have noted an exception on FSTDT's account here with our servers in our billing system an exception to the displaying materials containing obscene nudity or pornographic material; provided they are not contravening U.S. law as well as International laws where applicable.

Furthermore;

NETWORK SECURITY

Customers may not use the EidolonHost network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. EidolonHost will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

... You will incur possible criminal or civil liabilities by bypassing bans and creating accounts anyway on any accounts belonging to any clients of EidolonHost's on EidolonHost's servers.

This means you may very well get a legal notice that you are being pulled into court for illegal access.

Consider the consequences of circumventing bans. Make your decisions wisely.

That is all.

Keiro Dreamwalker
EidolonHost CEO; Technical Services Administrator - FSTDT
http://eidolonhost.com - http://forums.fstdt.net
You have made a place in my heart where I thought there was no room for anything else. You have made flowers grow where I cultivated dust and stones. Remember this, on this journey you insist on making. If you die, I will not survive you long. Dovie'andi se tovya sagain!



People so seldom say "I love you". And then it's either too late or love goes. So when I tell you I love you, It doesn't mean I know you'll never go, only that I wish you didn't have to.

Offline The Right Honourable Mlle Antéchrist

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Re: Circumventing Bans - Legal consequences
« Reply #1 on: February 25, 2012, 12:00:16 pm »
Honestly... I think it's a bit dramatic to threaten people with legal action for circumventing bans.
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Offline GLaDOS

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Re: Circumventing Bans - Legal consequences
« Reply #2 on: March 13, 2012, 09:24:53 am »
Also, which laws would you be referring to? In the US, the Computer Fraud and Abuse Act, which previously could hold people civilly and criminally liable for violating Terms of Service, was amended to clarify that violating terms of service does not count as "exceeding authorized access."
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Offline Keiro Dreamwalker

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Re: Circumventing Bans - Legal consequences
« Reply #3 on: March 13, 2012, 05:22:42 pm »
Also, which laws would you be referring to? In the US, the Computer Fraud and Abuse Act, which previously could hold people civilly and criminally liable for violating Terms of Service, was amended to clarify that violating terms of service does not count as "exceeding authorized access."

That's the very law I'm referring to. We take attempts to bypass bans and creating a fraudulent account as direct attempts to crack a website and/or server seriously.

It's very rare that we have to move on this request on behalf of customers, but when we do, it's usually very devastating as we have all the evidence needed to nail the person to the wall, so to speak.
You have made a place in my heart where I thought there was no room for anything else. You have made flowers grow where I cultivated dust and stones. Remember this, on this journey you insist on making. If you die, I will not survive you long. Dovie'andi se tovya sagain!



People so seldom say "I love you". And then it's either too late or love goes. So when I tell you I love you, It doesn't mean I know you'll never go, only that I wish you didn't have to.

Offline SpaceProg

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Re: Circumventing Bans - Legal consequences
« Reply #4 on: March 13, 2012, 05:32:22 pm »
In other words; don't pull shit, and shit won't happen to you.

Offline Keiro Dreamwalker

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Re: Circumventing Bans - Legal consequences
« Reply #5 on: March 13, 2012, 07:21:08 pm »
Pretty much.
You have made a place in my heart where I thought there was no room for anything else. You have made flowers grow where I cultivated dust and stones. Remember this, on this journey you insist on making. If you die, I will not survive you long. Dovie'andi se tovya sagain!



People so seldom say "I love you". And then it's either too late or love goes. So when I tell you I love you, It doesn't mean I know you'll never go, only that I wish you didn't have to.

Offline GLaDOS

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Re: Circumventing Bans - Legal consequences
« Reply #6 on: March 14, 2012, 09:21:49 am »
Also, which laws would you be referring to? In the US, the Computer Fraud and Abuse Act, which previously could hold people civilly and criminally liable for violating Terms of Service, was amended to clarify that violating terms of service does not count as "exceeding authorized access."
That's the very law I'm referring to. We take attempts to bypass bans and creating a fraudulent account as direct attempts to crack a website and/or server seriously.
Technically, That still would be considered a contractual violation, which is considered a civil offense, not a criminal offense, as the ban on creating multiple accounts and bypassing bans is part of a contractual agreement, and thus constitutes as a breach of contract, which is a civil offense. You could still sue them civilly, but not bring criminal charges against them.
Space? SPAAAAAAAAAAAAAACE!
How are you holding up? Because I'm a POTATO.
Silence will fall.
For fuck's sake, please keep my fucks given levels balanced.