f) I Sent by: Je.mie Be.illie 12/30/2003 12'04:20 AM Pe.ge 1 of 9 .. Fax Date: Monday, December 29, 2003 Time: 11 :43:15 PM To: ######## ##### From: Jamie Baillie Fax: #-###-###-#### Fax: Phone: 416-781-0627 Regarding: http:llwww.duskglow.com ~Urgent [ ]For Review [ ]Please Comment [XJPlease Reply [ ]Please Recycle Please find attached my complaint about one of your downstream customers. This website needs to be immediately REMOVED. If you do not recieve all of this document please feel free to call me at 416-781-0627 or on my cell phone number at 416-450-1717 Jamie Baillie ~ Sent by" Jamie Baillie 12/30/2003 12"04:50 AM Page 2 of 9 Jamie Baillie 3-42 Saranac Blvd North York, Ontario Canada, M6A 2G5 Home Phone #: 416-781-0627 Cell Phone #: 416-450-1717 December 29 2003, This complaint is in regards to your one of your downstream customers on frontier.net and the rather rude behavior of your abuse department. This abusive website which is running on a machine which is in your downstream and I receive this rather rude response from your abusive abuse department. http://www .duskglow .com/ Jamie/ http:/ /www .dusk glow .com/ Jamie2/ 12/29/03 22:58:22 dns www.duskglow.com Canonical name: www.duskglow.com Addresses: 67.50.116.12 12/29/0322:58:24 IP block www.duskglow.com Trying 67.50.116.12 at ARIN Trying 67.50.116 atARIN Electric Lightwave Inc ELI-NETWORK-ELIX (NET-67-50-0-0-1) 67.50.0.0- 67.51.255.255 SDSL Frontier Communications Fort Dodge IA ELI-25%-67501160 (NET-67-50-116-0- 1) 67.50.116.0 -67.50.116.255 # ARIN WHOIS database, last updated 2003-12-2919:15 # Enter ? for additional hints on searching ARIN's WHOIS database. 12/29/0323:11:41 whois duskglow.corn .corn is a domain ofUSA & International Commercial Searches for .corn can be run athttp://www.crsnic.netl whois -h whois.crsnic.net duskglow.com ... Whois Server Version 1.3 Sent by" Jamie Baillie 12/30/2003 12:05:30 AM Page 3 of 9 I I c L Domain names in the .corn and .net domains can now be registered with many different competing registrars. Go to http:l/www.internic.net for detailed information. Domain Name: DUSKGLOW .COM Registrar: INNERWISE, INC. D/B/A ITSYOURDOMAIN.COM Whois Server: whois.itsyourdomain.corn Referral URL: http:llwww .itsyourdomain.com Name Server: NS 1.HIJINKS.COM Name Server: NS1.DUSKGLOW.COM Status: ACTIVE Updated Date: 26-aug-2003 Creation Date: 01-mar-2002 Expiration Date: 01-ntar-2004 »> Last update ofwhois database: Mon, 29 Dec 2003 18:'6:59 EST «<' NOTICE: The expiration date displayed in this record is the date the registrar's sponsorship of the domain name registration in the registry is currently set to expire. This date does not necessarily reflect the expiration date of the domain name registrant's agreement with the sponsoring registrar .Users may consult the sponsoring registrar's Whois database to view the registrar's reported date of expiration for this registration. TERMS OF USE: You are not authorized to access or query our Whois database through the use of electronic processes that are high-volume and automated except as reasonably necessary to register domain names or modify existing registrations; the Data in VeriSign Global Registry Services' ("VeriSign") Whois database is provided by VeriSign for information purposes only, and to assist persons in obtaining information about or related to a domain name registration record. VeriSign does not guarantee its accuracy. By submitting a Whois query, you agree to abide by the following terms of use: You agree that you may use this Data only for lawful purposes and that under no circumstances will you use this Data to: (1) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-ntail, telephone, or facsimile; or (2) enable high volume, automated, electronic processes that apply to VeriSign (or its computer systems). The compilation, repackaging, dissemination or other use of this Data is expressly prohibited without the prior written consent ofVeriSign. You agree not to use electronic processes that are automated and high-volume to access or query the Whois database except as reasonably necessary to register domain names or modify existing registrations. VeriSign reserves the right to restrict your access to the Whois database in its sole discretion to ensure , Sent by: Jamie Baillie 12/30/2003 12'06:32 AM Page 4 of 9 l operational stability .VeriSign may restrict or terminate your access to the Whois database for failure to abide by these terms ofuse. ~eriSign reserves the right to modify these terms at any time. The Registry database contains ONL Y .COM, .NET, .EDU domains and Registrars. Redirecting to INNERWISE, INC. D/B/ A ITSYOUROOMAIN .COM whois -h whois.itsyourdomain.com duskglow.com ... The Data in our WHOIS database is provided by us for information purposes, and to assist persons in obtaining information about or related to a domain name registration record. We do not guarantee its accuracy. By submitting a WHOIS query, you agree that you will use this Data only for lawful purposes and that, under no circumstances will you use this Data to: ( 1) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam)~ or (2) enable high volume, automated, electronic processes that apply to us, our systems, or our customers. We reserve the right to modify these terms at any time. By submitting this query, you agree to abide by this policy. Domain: duskglow.com Registrant Russell Miller duskgl ow2000@yahoo .corn 10 3rd StNE #B Le Mars, IA 51031 US +1.7125886546 Administrative Russell Miller Russell Miller duskgl oW@fronti emet.net 10 3rd StNE #B Le Mars, IA 51031 US +1.7125465886 Billing Russell Miller Russell Miller duskgl oW@ fronti em et .net 10 3rd St NE #B Le Mars, IA 51031 US +1.7125465886 Sent by: Jamie Baillie 12/30/2003 12:07:18 AM Page 5 of 9 Technical Russell Miller Russell Miller duskgl oW@ftonti ernet .net 10 3rd StNE #8 Le Mars, IA 51031 US +1.7125465886 Record created on March 01,2002 Record last updated on February 26,2003 Record expires on March 01, 2004 Domain Name Servers: NS 1.DUSKGLOW .COM NS 1.HIJINKS.COM Return-Path: Received: from localhost(darkshad@localhost [127.0.0.1]) by darkshado.dyndns.org (8.12.10/8.12.10) with ESMTP id hHTMuZlO019299 for ; Mon, 29 Dec 200317:56:36 -0500 X-Message-Info: JGTY o YF78jGiuSOREOhQbvjIVI67xp6w Received: from 192.168.0.1 [192.168.0.1] by localhost with POP3 (fetchmail-6.2.4) for darkshad@localhost (single-drop); Mon, 29 Dec 2003 17:56:36 -0500 (EST) Received: from black.eli.net ([207.173.0.29]) by mc8-f37.hptmail.com with Microsoft SMTPSVC(5.0.2195.6713); I Mon, 29 Dec 2003 14:09:51 -0800 Ii Received: from localhost (abus~loca1host) by black.eli.net (ELI.NET/No-UCE-or-UHE-here-ErER) with ESMTP id hHTM9po20426; IMon, 29 Dec 2003 14:09:51 -0800 (PST) Date: Mon, 29 Dec 2003 14:09:51 -0800 (PST) From: "ELI.NET Security/Abuse Response Team" To: Jamie cc: abuse@frontiernet. .net Subject: Re: Abusive Websites In-Reply- To: Message-ID: References: MIME-Version : 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII X-OriginalArrivalTime: 29 Dec 200322:09:51.0924 (UTC FILETIME=[7H661F40:0 1 C3CE58] X-UIDL: 4Ro"!,@S!!OUO"!CK"#! X-SpamPal: PASS "WLIST EMAIL ~ Sent by: Jamie Baillie 12/30/2003 12:08:09 AM Page 6 of 9 X-Wlist-Pattern: abuse@* > > No. Your Usenet posts have been noted with interest. ELI will take no > action on this "issue". Take your personal disputes to legal channels. > This is our final response to your demands. > First offl expect that this abusive web site will be immediately removed from your downstream. And I will not receive any more responses like this from your abuse department. The defamatory remarks on this website such as "Jamie Baillie is the resident NANAE criminal spamming asshole. A confirmed twit" The defamatory remarks like "Jamie's got himself a hooker! !" and then showing a picture of a sheep is totally unacceptable. For example, on December 9, 2003, he has been busy joe-jobbing me about this very web site. In the time between 16:50 and 17: 15, I have received well over 1000 bounce messages from allover the place. But you may want to read more about it. I have repeatly asked that hard proofbe provided that I am in anyway behind this and They still have yet to provide any proof. I am NOT the one behind that joe-job against this user, these false and damaging statements like this is totally unacceptable. Also this individual has NO permission what so ever to post my private emails on his web site and violates all copyright laws. http:/ /www .duskglow .com/ Jamie2/ JamieLart I. txt http:/ /www .duskglow .com/ Jamie2/ JamieLart2. txt http:/ /www .dusk glow .com/ Jamie2/ JamieLart3 .1xt Suggest that you go and look at the copyright laws at http://www.copvright.gov/title17 Also by removing my copyright notice on the posts at http:/ /www .duskglow .com/ Jamie2/ JamieLart2.1xt http:/ /www .duskglow .com/ Jamie2/ JamieLart3 .txt This violates yet more US copyright laws Sent by: Jamie Baillie 12/30/2003 12-08:58 AM Page 7 of 9 httt>:/ /www .copvrilrl1t. gov Ititlel7 !92chaR5 .html (d) Fraudulent Removal of Copyright Notice. -Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy ofa copyrighted work shall be fined not more than $2,500. Also this person has no pennission what so ever to post any alledged picture of me on this website. Also he claims that I am in some commercial which is false as well. More lies from this abusive user. This customer of yours is clearly stalking me by posting my name, address, cell phone number and home phone number along with a map to my house! This is just totally Unacceptable behaviour by your user and under Iowa law this is stalking. httt>: ! ! www .haltabuse.org!resources/la ws/i owa. shtml 708.7 Harassment. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following: Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm. Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person. Orders merchandise or services in the name of another, or to be delivered to another, without the other person's knowledge or consent. Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur . A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. As used in this section, unless the context otherwise requires, "personal contact" means an encounter in which two or more people are in visual or physical proximity to each other. "Personal contact" does not require a physical touching or oral communication, although it may include these types of contacts. The whole purpose of this web site is to threaten, intimidate, and annoy me and is clearly in violation of the law. Sent by: Jamie Baillie 12/30/2003 12:09:57 AM Page 8 of 9 Under your OWN AUP Lightwave this downstream customer of yours is in Violation of your AUP, enforce your AUP and see that your downstream immediately removes this abusive website. httl>: / /www .eli .net/technical/ auQ. shtml i. restrict or inhibit any other user from using and enjoying the Service and/or the Internet; or ii. upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit any information, software or other material obtained through the Internet which is PROTECTED BY COPYRIGHT or other proprietary rights or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or Further, if Customer is notified by ELl's Abuse Response Team, via e-mail from abuse@eli.net to the Customer's abuse@[Customer's Internet Domain Name] mailbox (required by Item (d) of Section 6 of this agreement), or the Customer discovers on their own or through any other means, that the Customer themselves or any third party under his/her control (including his/her customers and their authorized users [ad infinium]) of a violation of any of the foregoing prohibitions, the Customer will take whatever steps are necessary to stop such activity, and prevent repeat violations by the offending entity. This individual is inhibiting with my enjoyment ofusing the internet by continually stalking and harassing me and posting false and damaging information about me. Nor has your user taken any steps to stop this abuse either so therefore your downstream customer is in violation of your AUP. They are continuing to allow this abuse to continue after being notified about this abuse. So ELI.NET you can easily enforce your AUP and see that this abusive website is immediately removed. Electric Lightwave Physical Address: 4400 NE 77th Ave Vancouver, WA 98662 (360) 816-3000 Mailing Address: P.O Box 8905 Vancouver, WA 98668-8905 If this is not immediately removed then legal action will be taken against Electric Lightwave for allowing this abuse to continue on after you have been notified.