Re: Response Needed

Theodore Latham (tedrico@hotmail.com)
Thu, 06 Aug 1998 03:38:37 PDT


Sharon,

   I think this e-mail may be the eye opener that's needed in this 
situation. You spoke nothing but thruth when you said "WEB PAGES ARE AN 
IMPORTANT PART OF INFORMING US CITIZENS THAT WHAT THEY HAVE BEEN TOLD BY 
TRADITIONAL MEDIA REGARDING HOMELESS ISN'T SO." Many hoster's of client 
web sites tend to overlook this fact when they decide the fate of their 
client's pages. "IT HAS BEEN MY CONSIDERABLE EXPERIENCE, THAT WHEN 
"BUSINESS" TAKES DRASTIC MEASURES LIKE THIS, THEY ARE USUALLY TRYING TO 
COVER UP AN ERROR ON THEIR PART AND MAKE THE WHOLE THING 'GO AWAY'" ... 
It has also been my experience as well! Thanks for your support and 
please don't let up. I need my URL restored so that I may place referer 
pages to the new & improved Tedrico's Page that's under constuction and 
may I add .. will be hosted under new ISP! If my XOOM url is not 
restored then I'll have a juicy article for you and many other newspaper 
writers to print. Nuff Said!

Regards,

Tedrico Latham

_________________________
TEDRICO'S PAGE
http://members.xoom.com/tedrico/?homelessness
Your Informative Homelessness Resource Link!
P.O. Box 514 Rich Square, NC 27869 (252)539-4228
<tedrico@hotmail.com>


Burnside Cadillac <sharon@burnsidecadillac.org> wrote:
>Subject: Response Needed
>
>
>TO:  WEBMASTER @ XOOM.COM
>FROM:  Sharon Pearson, Burnside Cadillac Newspaper
>Subject:  Response needed before deadline
>
>Please note my comments below and respond:
>
>
>Subject: re: members.xoom.com/tedrico
>Date: Tue, 4 Aug 1998 19:29:49 -0800
>From: WebMaster <webmaster@xoom.com>
>To: <tedrico@hotmail.com>
>
>
>Mr Latham's site was removed because he violated our Terms of Service
>agreement.
>PLEASE PROVIDE QUOTE OF TERM VIOLATED AND REFERENCE PAGE, ETC.
>
>Many of you have speculated as to what the cause was, and others have
>made assumptions (including Mr. Latham)... none of which were correct.
>It should be hard to draw such conclusions when you don't have all the
>information (and legally, I'm not allowed to give it to you... much to
>my chagrin.)
>THIS IS HIGHLY UNUSUAL.  PLEASE QUOTE LEGAL POLICY PREVENTING YOU FROM
>GIVING ACTIVISTS INFORMATION THAT WOULD SETTLE OUR CONCERNS WITH ZOOM.
>
>While I admire the work that many of you are involved with, I must say
>that I'm quite shocked at the attitude, threats and demands that many 
of
>you conveyed to me and to Xoom.
>IF YOU ADMIRE THE WORK ALL OF ARE "INVOLVED WITH," THEN YOU MUST KNOW 
ABOUT
>OUR WORK AND UNDERSTAND THAT WE ARE FIGHTING FOR THE LIVES OF 
ENDANGERED
>PEOPLE IN THE US.  WEB PAGES ARE AN IMPORTANT PART OF INFORMING US 
CITIZENS
>THAT WHAT THEY HAVE BEEN TOLD BY TRADITIONAL MEDIA REGARDING HOMELESS 
ISN'T
>SO.
>THE BEST WAY FOR YOU TO RESOLVE SITUATIONS LIKE THIS, WITH ACTIVISTS 
LIKE
>US, IS TO BE TOTALLY HONEST.  IF SOMEONE AT ZOOM WAS "TOO HASTY," MADE 
A
>REACTIONARY MISTAKE, WHO BETTER THAN FOLKS LIKE US, TO UNDERSTAND?
>
>And to those of you who took a calmer, more inquisitive tone, thank 
you.
>
>This was a legal issue, pure and simple.
>
>We received a very pointed and direct complaint about a trademark
>violation, and to keep both Xoom AND Ted Latham out of any possible
>legal conundrum, we removed the site.
>SEEMS IF THIS IS TRUE, THEN IT COULD HAVE BEEN RESOLVED BY TED REMOVING
>THAT VIOLATION FROM HIS PAGE.  IT IS DIFFICULT FOR ME TO UNDERSTAND BY 
ANY
>STRETCH OF MY IMAGINATION, WHY YOU WOULD NEED TO "REMOVE THE SITE." IT 
HAS
>BEEN MY CONSIDERABLE EXPERIENCE, THAT WHEN "BUSINESS" TAKES DRASTIC
>MEASURES LIKE THIS, THEY ARE USUALLY TRYING TO COVER UP AN ERROR ON 
THEIR
>PART AND MAKE THE WHOLE THING "GO AWAY."
>
>We only provide notice of removal under specific conditions, and the
>threat of legal action due to trademark violation is not one of those
>conditions.
>WHAT ARE THOSE "SPECIFIC CONDITIONS?"
>
>We're pretty clear about such violations in our Terms of Service
>agreement, for precisely this reason.
>MR. LATHAM AGREED TO YOUR "TERMS OF SERVICE," WHY THEN AREN'T YOU MORE
>SPECIFIC WITH HIM REGARDING HIS 'VIOLATION"?
>
>While Xoom is very happy to host sites with such noble goals, we cannot
>and will not allow such violations.
>
>thank your for your attention,
>
>Bruce
>Xoom Webmaster
>
>
>





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