The Recent ADL Attacks on Free Speech and What it Means to Christogenea - Christogenea on Talkshoe 07-27-2012

Dear William Finck, (Customer ID: 19817693) 1&1 Internet Inc. ("1&1") has recently received reports of content on your websites which represents a clear breach of 1&1's General Terms and Conditions of Service ("GT&C"). Upon further investigation, 1&1 has confirmed those reports. Accordingly, we hereby provide you with notice of termination under the GT&C effective ten days from today's date. Please ensure that all files and other data are removed from 1&1's servers and domain names transferred by that date, as your data and files will be irrevocably deleted after termination. Please note, 1&1 is entitled to and reserves the right to terminate your account without further notice should it be necessary to protect 1&1 Internet or its personnel, or to prevent additional breaches of the GT&C. Sincerely, 1&1 Legal Nancy McNelis Legal Department 1&1 Internet Inc.

From the 1&1 Terms of Service agreement:

8. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.

8.11. You agree and warrant that Your Data shall not constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's consent, records of which shall be maintained throughout the term of this Agreement and for three years afterward. If you collect this data through Your Web Site you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such identifiable data and in compliance with applicable law.

The following definitions are from either Princeton and/or Wikipedia:

Libel: A published false statement that is damaging to a person's reputation; a written defamation.

Slander: The action or crime of making a false spoken statement damaging to a person's reputation.

Defamatory: calumniatory: (used of statements) harmful and often untrue; tending to discredit or malign.

Calumniatory: (used of statements) harmful and often untrue; tending to discredit or malign.

From the 1&1 Terms of Service agreement:

14. NO EDITORIAL CONTROL BY 1&1.

In reliance on your express warranties regarding Your Data, 1&1 shall neither have nor exert any editorial or other subjective control over the substantive content of Your Data . 1&1 does not engage in any monitoring of Your Data, and exercises no control over information which is found on the internet, except for its own Web Site. 1&1 cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of Your Web Site and for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.

No editorial control, but they will dump a customer fast if the ADL does not agree with the content, regardless of the subjectivity of the claims.