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My forum is violating TOS??

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Solved My forum is violating TOS??

Post by Guest1 on July 2nd 2011, 5:22 am

I have a message that I see on my ACP saying my forum is violating the TOS and it will be deleted in 5 days if i dont fix this. Wtf is on my forum that is violating the TOS? I had my forum for a little over a year now and now suddenly I'm getting this warning message? smh, I have no idea what on my page is violating the TOS so can somebody please give me clarification on this??

Forum link: www.the-en.com

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Solved Re: My forum is violating TOS??

Post by Hstraw on July 2nd 2011, 7:45 am

You might want to remove your link. They don't like it when you link your site here.

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Solved Re: My forum is violating TOS??

Post by SLGray on July 2nd 2011, 7:49 am

Look through your whole forum for these things:
1. pornography (links, images, etc)
2. illegal content (wares, downloads, torrents, etc.)
3. copyright infringements
4. footer contains the correct links
Those are somethings to look for.




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Solved Re: My forum is violating TOS??

Post by Base on July 2nd 2011, 11:30 am

Hi, I've just been on your forum and I can see a lot of illegal music downloads. Please delete that entire section and also re-read the terms of service and remove anything else that may be disrespecting it.

TOS: http://www.forumotion.com/en/create-forum/terms-of-service.htm

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Solved Re: My forum is violating TOS??

Post by Guest on July 3rd 2011, 11:14 pm

@Base wrote:Hi, I've just been on your forum and I can see a lot of illegal music downloads. Please delete that entire section and also re-read the terms of service and remove anything else that may be disrespecting it.

TOS: http://www.forumotion.com/en/create-forum/terms-of-service.htm

Hello Base,
There is no music downloads on my forum at all... All the music on my forum are links to Youtube videos which are entirely legal even to Youtubes TOS. To ask me to delete over 1500 topics from my forum is outrageous and goes against what my forum is providing. Also some of the music on my forum were created by some of the users themselves. I can sit here and re-read the TOS, however it doesn't provide clarification as to what exactly MY forum is violating. I have put money and loads of days of time into my forum and to have a warning message that my forum will be deleted within 3 days if i don't comply with the TOS is absolutely insane. I know Forumotion is free, however I have put money into my forum so to me, my forum is technically not free. All I ask for is some type of legitimate clarification of what my forum violates so I can work with fixing it.

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Solved Re: My forum is violating TOS??

Post by Sanket on July 4th 2011, 5:59 am

Its simple the youtube links which you provided on youtube, are they your own content? If not then how can you say its not disrespecting the TOS.
You say just some of the music on your forum is created by users, what about other music content? Its not your own.

You already know, what disrespects the TOS. So you can remove the content, or risk losing your forum.

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Solved Re: My forum is violating TOS??

Post by Guest on July 4th 2011, 5:59 pm

@Sanket wrote:Its simple the youtube links which you provided on youtube, are they your own content? If not then how can you say its not disrespecting the TOS.
You say just some of the music on your forum is created by users, what about other music content? Its not your own.

You already know, what disrespects the TOS. So you can remove the content, or risk losing your forum.

That's a highly arguable statement sanket. What you're saying is that because some of the videos on my forum is not MY content, that it violates the TOS?? So you're saying if I posted a video of a news article, a movie trailer, a game trailer, a documentary, etc.. which is perfectly legal on Youtube, you're saying that by linking these videos I'm violating the TOS? Shocked

That's seriously ridiculous the way I'm being policed here. It's only a video link and it's unfair to ask me to remove something that can be found legally and freely throughout the internet from my forum, especially when one of the things I provide on my forum is music for people to kick back and listen to. The music is only embedded links from youtube, some of which come from Vevo which they themselves allow the possibility of embedding their videos, otherwise if they had a problem with it, they would of disabled that feature.

Please consider what I am saying here. I'm being bullied into a corner and forced to remove almost 50% of the content within my forum over something that I feel doesn't harm anyone or risk losing all of it? Smh.. :/ Evil or Very Mad

I guess forumotion is OK with losing a paying customer.

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Solved Re: My forum is violating TOS??

Post by Base on July 4th 2011, 6:03 pm

We are not bullying you, we are only trying to help.

I've not seen this for myself, but there are music downloads according to your forum:



See the green highlighted areas.

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Solved Re: My forum is violating TOS??

Post by Guest on July 4th 2011, 6:22 pm

@Base wrote:We are not bullying you, we are only trying to help.

I've not seen this for myself, but there are music downloads according to your forum:



See the green highlighted areas.

Thanks for pointing that out Base, if you like, you can join my forum and enter that section and see there is nothing to download, only embedded videos. I did intend on providing downloads of music but I never did. So I will remove that "download and upload" text.

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Solved Re: My forum is violating TOS??

Post by Sanket on July 5th 2011, 5:53 am

No one is trying to bully you. What are we going to gain by bullying you???

I will give you a example related to videos. I recorded a certain football game on tv from ESPN. I upload it as a video on my account. People start watching it by embedded codes on my forum. However, i am providing copyright content by ESPN which is absolutely wrong. hence, this too is against copyright laws. I have no permissions to create copies of the game & distribute it in any way.

So get my point on these videos, personal videos made by you are fine. Because, they are made by you.

Forumotion need to stick to their policies or else they will be in a fix in a legal matter. Hence, they disapprove of illegal content on forums.




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Solved Re: My forum is violating TOS??

Post by Guest on July 5th 2011, 7:04 am

@Sanket wrote:No one is trying to bully you. What are we going to gain by bullying you???

I will give you a example related to videos. I recorded a certain football game on tv from ESPN. I upload it as a video on my account. People start watching it by embedded codes on my forum. However, i am providing copyright content by ESPN which is absolutely wrong. hence, this too is against copyright laws. I have no permissions to create copies of the game & distribute it in any way.

So get my point on these videos, personal videos made by you are fine. Because, they are made by you.

Forumotion need to stick to their policies or else they will be in a fix in a legal matter. Hence, they disapprove of illegal content on forums.

The reason I call it bullying is because this will destroy almost 50% of the content on my forum and one of the main things my forum was created for. Music. This was NEVER mentioned or brought to my attention at all for the past year I've had my forum up. I've had multiple mods view my forum and multiple reviewers provide a full review of my forum and not once has any of them said I was violating anything in the TOS. Since I created my forum just over a year ago now, music has become one of the major parts of my forum. Now I'm threatened with removing a years worth of content (2554 posts) all in one shot or risk losing my entire forum and everything I've worked for!? To me, that's bullying because its basically have it forumotions way or no way at all, no room for negotiation?

I'm not even certain if the music video links on my forum is even the real problem. Who ever put the warning on my ACP should be the one telling me exactly what ever they saw on my forum that supposedly violates the TOS.

The timer says I have 2 days left. However, I am not going to start removing a load of content off my forum without the person who put the TOS violation notification message on my forum giving me acknowledgement. I chose forumotion over other free forum providers, I think forumotion owes it to me to at least have the person tell me exactly what they saw that is violating the TOS. They don't have to tell me here, they can PM me the message, as long as I'm given clarification.

If forumotion deletes my forum because I haven't gone on a deletion spree of the content on my forum, then I'll know exactly what I mean to forumotion as a paying customer and have no choice but to take my domain name, my members, my posts, my ideas, my coding and everything else, to another forum provider.

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Solved Re: My forum is violating TOS??

Post by Sanket on July 5th 2011, 10:14 am

You have by far been rude to us even when we are trying to help you.

A reviewers job is not to check your forum content.

No one is bullying you, you have a misconception. You should have read the TOS before hitting the I agree button.

Giving warnings is done by Online Guardian, we as staff here have no control over it. Be assured, you will not receive a PM from any of them about what illegal content you have. If you chose not to remove any of the content, its your call. You risk your forum getting deleted. Negotiation to manipulate the principles of a company?? No company will do it.

Just a advice. None of the free forums allow music content to be distributed. Better off getting a paid host to host your content.

If you still think this is bullying, i don't think i have any more information to tell you or help you with. Smile

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Solved Re: My forum is violating TOS??

Post by Darren1 on July 5th 2011, 1:22 pm

Hi,

Believe it or not, but posting a youtube link without the author & 'uploaders' permission is a break of international copyright law. I'm sorry, but the law is the law.
If you wish to run the risk of not deleting anything, you can always use the 'contest' button once your banned Wink

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Solved Re: My forum is violating TOS??

Post by Guest on July 6th 2011, 12:15 am

@Sanket wrote:You have by far been rude to us even when we are trying to help you.

A reviewers job is not to check your forum content.

No one is bullying you, you have a misconception. You should have read the TOS before hitting the I agree button.

Giving warnings is done by Online Guardian, we as staff here have no control over it. Be assured, you will not receive a PM from any of them about what illegal content you have. If you chose not to remove any of the content, its your call. You risk your forum getting deleted. Negotiation to manipulate the principles of a company?? No company will do it.

Just a advice. None of the free forums allow music content to be distributed. Better off getting a paid host to host your content.

If you still think this is bullying, i don't think i have any more information to tell you or help you with. Smile

Sanket, I can assure you that I do not intend on being rude at all so I apologize if I come off this way but please understand that my words are only a reflection of how I feel about this situation as a whole; the bigger picture, nothing personal toward any of you.

I do understand what you are saying, and trust me, I do not want to lose my forum and all I've worked for. I'm just in a panic situation with a clock on my head trying to figure out (find clarification) on what exactly this person who issued the TOS violation saw on my forum.

This pains me. But I will remove my music section but keep the EN Artist music because that is music generated by the actual users on my forum, music and video that belongs to them that they are sharing, which you indicated is perfectly fine. I hope this resolves my issue and I no longer need to headache over this matter.

Understand that I do appreciate your replies on this matter.




Hmm.. Here is something interesting I found.. I went over to Onlineguardian.net and typed my forums URL to check my sites status and it gives me a message saying "This url doesn't exist in our directory". Now if "Onlineguardian" is the one responsible for inspecting my forum, then why is it that they have no record, currently (even while I currently have the timer on my ACP) in their database?

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Solved Re: My forum is violating TOS??

Post by Sanket on July 6th 2011, 7:39 am

If you have content which is uploaded by users. Please mention it in the thread, who created the music. It should be amply clear about the music creators if someone sees it. Its easy to mistake it for music available on the internet for free.

I am not sure about the working of ONline Guardian about their databases to be honest. So i would restrict any comment on that.

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Solved Re: My forum is violating TOS??

Post by ostrvo on July 6th 2011, 8:05 am

@Darren1 wrote:Hi,

Believe it or not, but posting a youtube link without the author & 'uploaders' permission is a break of international copyright law. I'm sorry, but the law is the law.
If you wish to run the risk of not deleting anything, you can always use the 'contest' button once your banned Wink

How I know, every YT Channel owner have option to allowe, or disallowe embed codes,or link codes for his video-s.
If somebody allow codes and make videos public, why we cant add that videos to forum?

Rolling Eyes

I checked my forum on Onlineguardian webpage and I see message.."This url doesn't exist in our directory"
But In my admin panel... Time to delete the forum counts.

Sad

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Solved Re: My forum is violating TOS??

Post by luv4edu on July 6th 2011, 10:56 pm

According to Youtube, posting Youtube videos and embedding them to your site are okay if the original person who uploaded the video "own or have the necessary licenses, rights, consents, and permissions to publish Content." Youtubes TOS further explains to the person who owns the video that, "You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service." Their TOS also states, "You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player)."

However, we must ask ourselves, "Is it likely that this person owns this Music Video or Movie?" If the answer is No then don't post it. If it does belong to them and they have the embed available, then they have already agreed that it is okay for other users to share their video.

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Solved Re: My forum is violating TOS??

Post by SLGray on July 6th 2011, 11:19 pm

The best thing to do with Youtube videos is to just post the link to the video, not posting the video on your forum.


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Solved Re: My forum is violating TOS??

Post by Guest on July 7th 2011, 12:20 am

@Sanket wrote:If you have content which is uploaded by users. Please mention it in the thread, who created the music. It should be amply clear about the music creators if someone sees it. Its easy to mistake it for music available on the internet for free.

I am not sure about the working of ONline Guardian about their databases to be honest. So i would restrict any comment on that.
When entering the "EN Artist" section on my forum, there are 2 topics that are as clear as day describing what EN Artist is. There is a disclaimer thread, and there is a topic about EN artist. Both explain the music is generated and owned by the users who post it themselves and have the right to distribute their content as they see fit including embedding the videos on my forum. If the "online guardians" over look this, then they need to pause and get their facts together before issuing any further warnings, or simply write me a professional message explaining the problem. There is no professionalism in issuing a TOS violation on my forum without even reading the facts on my forum that clearly state what these music videos are and who they belong to. My music section is gone. They got what they wanted so now they need to leave me alone.

@ostrvo wrote:I checked my forum on Onlineguardian webpage and I see message.."This url doesn't exist in our directory"
But In my admin panel... Time to delete the forum counts.
Thats exactly what I said. My forum doesn't show up in their database AT ALL. So who is really responsible for issuing this TOS violation? Forumotion? or "Onlineguadians.net".

Personally, I've seen my founder account online when I wasn't even on my forum. Days later I see the warning on my forums ACP. That is a blatant breach of privacy and I see no where in the TOS where it states forumotion or anybody can get on my account without my permission. No one but I has my accounts password.

slg wrote:The best thing to do with Youtube videos is to just post the link to the video, not posting the video on your forum.

Same difference. Linking to the "illegal content" or embedding the "illegal content" still provides a direction for your members to go to that "violates the TOS". Plus, youtube allows embedding so why would I make my forum look cheap and only provide a link when I can embed the videos and keep members on my forum without leaving?

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Solved Re: My forum is violating TOS??

Post by SLGray on July 7th 2011, 12:45 am

@SPADEZ wrote:
Personally, I've seen my founder account online when I wasn't even on my forum. Days later I see the warning on my forums ACP. That is a blatant breach of privacy and I see no where in the TOS where it states forumotion or anybody can get on my account without my permission. No one but I has my accounts password.

If someone was using your account, then your account was hacked. Forumotion does not use founders' accounts.

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Solved Re: My forum is violating TOS??

Post by KingOfSports on July 7th 2011, 1:24 am

Well I just registered on your forum and within 5 minutes found illegal downloads of Adobe products. I would highly suggest deleting your software and hardware sections too as they are highly likely to contain illegal downloads.

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Solved Re: My forum is violating TOS??

Post by SLGray on July 7th 2011, 1:30 am

I also noticed that in the PC Gaming section, there are some threads that tell how to get copies of games for free. That is a BIG no no.


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Solved Re: My forum is violating TOS??

Post by Guest on July 7th 2011, 2:12 am

slg wrote:If someone was using your account, then your account was hacked. Forumotion does not use founders' accounts.
People from eToxic DO INDEED access boards using founder accounts. You might want to get your facts straight before posting something like this.

(And Sean, if you want the IP address Amir used when he logged in to the founder's account on my board, send me an email.)

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Solved Re: My forum is violating TOS??

Post by SLGray on July 7th 2011, 2:42 am

What is eToxic? I am talking about Forumotion using founders' accounts to gain access to forums.

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Solved Re: My forum is violating TOS??

Post by Guest on July 7th 2011, 4:07 am

forumotion is a brand name. IPGetInfo, OnlineGuardian, SOSBlog, and Hitskin are brand names. eToxic is the company that owns all these brand names. People like "godfather" aren't employees of forumotion, they are employees of eToxic.

When "typlo" was running OnlineGuardian, you could pay 50 Euros to get your board back. I don't know what the current price is...

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Solved Re: My forum is violating TOS??

Post by Guest on July 7th 2011, 5:30 am

@KingOfSports wrote:Well I just registered on your forum and within 5 minutes found illegal downloads of Adobe products. I would highly suggest deleting your software and hardware sections too as they are highly likely to contain illegal downloads.

I can delete the topics that might have links to downloads that are usually not free programs but I'm going to keep the software section because not everything there is considered "illegal". In fact most of the free wares are links to the actual developers site themselves that offer these programs free, such as skype or browsers or free anti-virus programs etc.. The hardware section does not hold any "illegal downloads".. That would be impossible to download hardware or have anything that talks about hardware be illegal.

@dion wrote:
slg wrote:If someone was using your account, then your account was hacked. Forumotion does not use founders' accounts.
People from eToxic DO INDEED access boards using founder accounts. You might want to get your facts straight before posting something like this.

(And Sean, if you want the IP address Amir used when he logged in to the founder's account on my board, send me an email.)
Thanks for clarifying that Dion, thats exactly the point I was trying to make, that people on here do log in on our founder accounts to peak around on our forum.

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Solved Re: My forum is violating TOS??

Post by Sanket on July 7th 2011, 4:19 pm

Do you need anymore help with?

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Solved Re: My forum is violating TOS??

Post by Guest on July 8th 2011, 12:09 am

The TOS violation counter is gone. I do have a few questions now that this is over (I think).

1. How do I contact Online Guardian for any questions regarding a TOS Violation or any other matters?

2. Are the same people who operate Forumotion controlling "OnlineGuardian"?

3. Am I going to be contacted or notified in any way possible that my forum passed inspection after the TOS violation expired?
If not, how do I even know my forum is fine now?

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Solved Re: My forum is violating TOS??

Post by SLGray on July 8th 2011, 1:08 am

3. No. Because it was not banned.


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Solved Re: My forum is violating TOS??

Post by Jophy on July 8th 2011, 12:47 pm

If the violation counter/reminder is gone now and your forum was not banned, then you don't have to worry about it now. The last time it was Typlo who is the head of litigation team or the team that bans/inspects forums. I'm not sure who you can contact about Online Gaurdian.

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