gscraig Tue Jul 19, 2011 10:52 pm
Merc,
The grounds for which Forummotion are attempting to stand on seems rather fragile in my opinion. There is a major problem when a service provider ask you to remove a needle in a haystack, but won't tell you where the needle is. Even if this is somehow, somewhere established in small print or in their so called "terms of service", it can be challenged. Simply on the grounds of placing the burden on you without providing any recourse that they have acknowledged having access to. That's called bad business and in a court of law, if a person or business complains of an infraction and ask you to correct it, but refuse or refused to tell you specifically what that infraction was to allow the correction to occur, a judge would throw that and them out of court. Followed up with telling them to revise the policy or "terms of service".
I would encourage reviewing their terms of service again, to see if it specifically states that you can be shutdown based on the grounds explained to you via the exchange you posted. Even if you have signed off on such terms, it does not forgive the burdening structure of such terms. I would also request being escalated directly to someone who knows first hand of the complaint or the office/department where this would have been received and speak only with them. Stand firm. Make them provide you the means of being in compliance, for if they don't, then they are not in compliance.
When I saw that the contact BASE was listed as age 19 (this may not be their actual age) a red flag went up. This would be due to this contact may likely be a volunteer or employee following protocol/guidelines handed down to them, without the ability to consider "outside of protocol" solutions. Simply someone working from home following orders.
Apparently, it is something in relation to the Vortex link (UTUBE) but you can also ask Forummotion what is the turnaround time for them to their customers/users of a violation of policy? Better yet, what was the turnaround time for your particular situation? Is there a time stamp, when was the complaint submitted? By whom?
This will give you a window of time for which something was posted that was in violation for researching, oppose to reviewing 51,000 items.
I hope this helps.