At 05:04 AM 2/27/02 -0800, you wrote: >For many years my domain, IFD.COM, has been hijacked by Swiss Bank (now >known as ubswarburg). Beyond the few emails containing confidential
Now, IANAL, but I would turn it into a straight contracts issue. Send them a registered snail mail letter stating that: 1) Their actions are bad (e.g. hijacked name, high mail server load, high human administrative load, etc.) 2) You've been reasonable, you've ask them to stop and they haven't. 3) Any future email will now constitute agreement to pay a $1000 administrative fee, per email address per email message sent to IFD.com or to any IFD.com subdomain. These are your nonnegotiable TOS. Send the letter to their corporate HQ, their official agent of service and a copy to the head fo their IT department. If they continue to send emails, bill them and if they don't pay I think you'll find any number of lawyers willing to work on contingency basis for an action for contracts collection against a bank. Is the contract enforceable? Again, IANAL, but in Register.com v. Verio Inc. (http://www.icann.org/registrars/register.com-verio/order-08dec00.htm) , Register.com was pissed that Verio was using its whois data to get addresses to spam reigster.com's customers. Verio argued, among other things, that it had never assented to Register.com's terms of use conditions for its whois. However the NY court ruled: "Nor can Verio argue that it has not assented to Register.com's terms of use. Register.com's terms of use are clearly posted on its website. The conclusion of the terms paragraph states (b]y submitting this query, you agree to abide by these terms.' (Ex. 27 to Pl.'s Sept. 8, 2000 Motion). Verio does not argue that it was unaware of these terms, only that it was not asked to click on an icon indicating that it accepted the terms. However, in light of this sentence at the end of Register.com's terms of use, there can be no question that by proceeding to submit a WHOIS query, Verio manifested its assent to be bound by Register.com's terms of use, and a contract was formed and subsequently breached." IANAL, Joe ############################################################# This message is sent to you because you are subscribed to the mailing list <[EMAIL PROTECTED]>. To unsubscribe, E-mail to: <[EMAIL PROTECTED]> To switch to the DIGEST mode, E-mail to <[EMAIL PROTECTED]> To switch to the INDEX mode, E-mail to <[EMAIL PROTECTED]> Send administrative queries to <[EMAIL PROTECTED]>
