Hostgator Softlayer Technologies Inc web hosting violated my first amendment right of free speech Houston, Texas
I use a website hosted by Hostgator to offer computer services and web design for supplemental income. I had a parody of Best Buy's Geek Squad logo which was titled "Greek Squad." Best Buy sent a DMCA notice to Hostgator, and Hostgator forcibly removed my logo from my website, without my consent, under protest and duress, in a blatant attempt to suppress my first amendment right.
I called and spoke with a supervisor at Hostgator and asked them to make it right and revert my website back to the way it was. Eric the supervisor, refused, and tried to make me believe the DMCA superseded the constitution for the united States of America. I explained to Eric and through electronic correspondence that if this was not made right, I would seek legal remedy.
So far I have invested about 28 hours between phone calls, email correspondence, and legal research all because of Hostgator caving to a DMCA threat from Best Buy. I encourage everyone who uses Hostgator to cancel, those who are thinking about using Hostgator to reconsider. They will attempt to suppress your federally protected rights without concern for your well-being, and without any remorse or empathy.
I am open to join any class action lawsuits against Hostgator, Softlayer Technologies Inc, or Best Buy that is relevant to my complaint. I am also open to any legal support from any law practice that may view themselves confident enough to win a battle to preserve my first amendment rights of free speech.
Let's tell these huge corporations no! We are not taking it anymore! We have rights!
7 Updates & Rebuttals
Edgeman
Chico,California,
U.S.A.
LOL indeed...
#8General Comment
Sat, June 18, 2011
I love how the OP makes a ridiculous claim regarding the right to free speech and then resorts to a logical fallacy in order to support his delusions. Hey, OP! The people posting in this thread have been contributing to this website for years. Do you honestly believe that HostGator had these people contribute thousands of posts on many, many different companies for years on end in anticipation that you would one day post here?
Landon1283
Christiansburg,Virginia,
USA
LOL
#8Author of original report
Thu, June 16, 2011
I love how you play the good-guy victim then you use clone accounts in a lame attempt to demonize and "educate" me. Wow.... Hostgator uses very shady and mysterious business tactics against it's loyal customers.
Ashley
springfield,Missouri,
U.S.A.
Terms of service
#8Consumer Comment
Thu, June 16, 2011
In fact... here is the terms you agreed to when setting up a site:
"Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying of
music, books, photographs, or any other copyrighted work. The offer of
sale of any counterfeit merchandise of a trademark holder will result in
the immediate termination of your account. Any account found to be in
violation of anothers copyright will be expeditiously removed, or access
to the material disabled. Any account found to be in repeated violation
of copyright laws will be suspended and/or terminated from our hosting.
If you believe that your copyright or trademark is being infringed
upon, please email abuse@hostgator.com with the information required. A
list of required information may be found here. If the request is of a licensing issue, we may require further documentation."
http://www.hostgator.com/tos/tos.php
Ashley
springfield,Missouri,
U.S.A.
no rights violated
#8Consumer Comment
Thu, June 16, 2011
Your first amendment rights have not been violated. The company owns the hardware and internet space that you are renting from them. They have the right as the property owner to censor as they see fit. If you want to put up a site to exercise your free speech, then buy your own server and web hosting capabilities.
Edgeman
Chico,California,
U.S.A.
Not a First Amendment Issue...
#8General Comment
Thu, June 16, 2011
Hey, OP... all of that time you claim to have spent on legal research? Take a few minutes and research the First Amendment. It does not apply to your situation. The right to free speech simply means that the government cannot limit your right to free speech (in theory, anyways.)
The First Amendment does not apply to privately owned web hosting companies. This company was well within its right to take down material that they could potentially be held liable for. If you want to challenge Best Buy's take-down request that is one thing but your web host is not in the wrong here.
mr rik
miami,Florida,
USA
I'm Cancelling
#8Consumer Comment
Thu, June 16, 2011
I'm cancelling tomorrow!
Sahdow
Internet,United States of America
There are procedures...
#8UPDATE Employee
Thu, June 16, 2011
Yes, it's unfortunate when companies submit DMCA complaints, but when Hostgator receives them, tey have to act in a timely manner, as require by our Datacenter, especially in cases where the DMCA complaint is filed with the DC (Softlayer in this case).
When that happens, typically, we email the customer at the email address on file, and let him know he has 48 hours to reply and contest the dmca complaint, or remove the content.
If we don't reply to those complaints then we become liable because it's hosted on our network.