Backin2005

Just keep moving his posts to the Junkyard till Chad or Eric get to the banning, he'll get tired of us moving them and go away...

 
For what it's worth, I logged into HPH as soon as this moron left, and monitored for about 30 - 40 minutes, thinking he might be stupid enough to go crow about his "devestating" attack. Not a word - if he's saying anything, he's doing it via PM or some other source that isn't visible on HPH.

Or his parents caught him staying up waaaaaaaaaaay past his bedtime and made him turn off his computer...

 
What a tool. Thanks fellas. His IP is 68.227.164.213 and big surprise - same as thunderstruckhusker. his ip is now banned.

I know I should probably just ban all ip's associated with the megadooshes, but I would hate to impact legit noobs, so Ive just been waiting until I see an IP that has more than one troll acct.

 
Let me propose screen shots of his posts in the Junkyard, and a report to his ISP. When I get a chance, I'll check Cox' TOS and see if there is anything there.

ISPs are a lot more willing to close individual accounts than business accounts.

 
Here's the Cox TOS (note the line in bolded, red text):

Acceptable Use Policy

Updated 2/22/05

Introduction

CoxCom, Inc. and its local affiliates and/or distribution partners (collectively "Cox") are pleased that you have chosen Cox® High Speed InternetSM service (the "Service"). Our goal is to provide you with an enriched, high-quality Internet experience. This Acceptable Use Policy (the "AUP") has been designed to protect our Service, our subscribers, and the Internet community, from inappropriate, illegal or otherwise objectionable activities. Please read this policy prior to accessing the Service. All users of the Service must abide by this AUP. Your violation of this AUP may result in the immediate suspension or termination of either your access to the Service and/or your Cox account. This AUP should be read in conjunction with our Internet Subscriber Agreement, Privacy Policy, and other applicable policies.

By using the Service, you agree to abide by, and require others using the Service via your account to abide by the terms of this AUP. You should consult this document regularly to ensure that your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE COX CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.

Topical Index

1. Prohibited Activities

2. Harm to Minors

3. Intellectual Property Infringement

4. User Content

5. Commercial Use

6. Servers

7. Misuse of Service

8. Hacking/Attempted Unauthorized Access

9. Security

10. Disruption of Service

11. Viruses, Trojan Horses, Worms and Denial of Service Attacks

12. Electronic Mail

13. Bandwidth, Data Storage and Other Limitations

14. Newsgroups

15. Conflict

16. How to Contact Cox

1. Prohibited Activities. You may not use the Service in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, You may not use the Service to:

o Conduct, participate in, or otherwise facilitate pyramid or other illegal soliciting schemes.

o Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

o Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.

o Post, transmit, or disseminate content that is threatening, abusive, libelous, slanderous, defamatory, incites hatred, or is otherwise offensive or objectionable.

o Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the equipment or the Service, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse, cancelbot, or other harmful feature.

o Collect or store personal data about other users.

o Use an IP address not assigned to you.

o Violate any other Cox policy or guideline.

o Resell or redistribute the Service to any third party via any means including but not limited to wireless technology.

2. Harm to Minors. You may not use the Service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material.

3. Intellectual Property Infringement. You may not use the Service to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. Cox assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.

4. User Content. You are solely responsible for any information that you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate and must take appropriate precautions to prevent minors from receiving inappropriate content. Cox reserves the right to refuse to post or to remove any information or materials from the Service, in whole or in part, that it, in Cox's sole discretion, deems to be offensive, indecent, or otherwise objectionable.

5. Commercial Use. The Service is designed for personal use of the Internet and may not be used for commercial purposes. You may not resell or otherwise charge others to use the residential Service. You agree not to use the Service for operation as an Internet service provider, or for any other business enterprise, including, without limitation, IP address translation or similar facilities intended to provide additional access.

6. Servers. You may not operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server-like functionality in connection with the Service, unless expressly authorized by Cox.

7. Misuse of Service. You are responsible for any misuse of the Service that occurs through your account. You must therefore take steps to ensure that others do not gain unauthorized access or misuse the Service.

8. Hacking/Attempted Unauthorized Access. You may not use the Service to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person. The equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks or computers for any reason. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.

9. Security. You are solely responsible for the security of any device connected to the Service, including any data stored on that device. Cox recommends that you take appropriate security precautions for any systems connected to the Service. You are responsible for securing any wireless (WiFi) networks connected to your Cox service. Any wireless network installed by the customer or a Cox representative that is unsecured or "open" and connected to the Cox network will be deemed to be operating as an ISP and subject to the prohibition on commercial use set forth in Section 5 herein.

10. Disruption of Service. You may not disrupt the Service in any manner. Nor shall you interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges or attempts to "crash" a host.

11. Viruses, Trojan Horses, Worms and Denial of Service Attacks. Software or other content downloaded from the Service may contain viruses and it is your sole responsibility to take appropriate precautions to protect your computer from damage to its software, files and data. You are prohibited from posting, transmitting or disseminating any information or software that contains a virus, Trojan horse, worm or other harmful program or that generates levels of traffic sufficient to impede others' ability to send or retrieve information. Prohibited conduct of this type includes denial of service attacks or similarly disruptive transmissions, as well as transmissions containing other harmful or malicious features.

12. Electronic Mail.

You may not use the Service to send unsolicited bulk or commercial email messages ("spam"). Any unsolicited email must also not direct the recipient to any web site or other resource that uses the Service. The Service may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services that violates this Policy or the acceptable use policy of any other Internet service provider. In addition, "mail bombing," the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited.

You may not reference Cox, Cox or any portion of the Cox network (e.g. by including "Organization: Cox" in the header or by listing an IP address that belongs to the Cox network) in any unsolicited email even if that email is not sent through the Cox network. Further, forging, altering or removing electronic mail headers is prohibited.

If the Service is disconnected, whether voluntarily or by termination, all user names and associated electronic email addresses may be immediately released for reuse. Upon disconnection, any mailbox contents may be immediately deleted or held in a locked state. Addresses and email may be held until Cox deletes them as part of its normal policies and procedures. There is no obligation for Cox to retain or make any user name, email address or stored email retrievable once the Service is disconnected.

13. Bandwidth, Data Storage and Other Limitations. Cox offers multiple packages of Service with varying speeds and features and bandwidth usage limitations (not all packages are available in all areas). You must comply with the current bandwidth, data storage, electronic mail and other Limitations of Service that correspond with the package of Service you selected. In addition to complying with the limitations for specific features, you must ensure that your activities do not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in Cox’s sole judgment) an unusually great burden on the network itself. In addition, you must ensure that your use does not improperly restrict, inhibit, disrupt, degrade or impede Cox's ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network services. If you use excessive bandwidth as determined by Cox), Cox may terminate, suspend, or require you to upgrade the Service and pay additional fees.

14. Newsgroups. Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it.

Posting or cross-posting the same or substantially similar messages to more than eight newsgroups is prohibited. Our news software will automatically cancel any messages posted to nine or more newsgroups.

Binary files may not be posted to newsgroups not specifically named for that purpose. Users posting binary files to groups with policies concerning the permissible daily volume of posted files are required to observe those limitations.

You may not attempt to "flood" or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup, which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text. Messages may not be canceled, except by the author or by official newsgroup moderators performing their duties.

Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

Cox reserves the right to discontinue access to any Usenet newsgroup at any time for any reason.

The Usenet news service included with a Service account is provided for interactive use by the subscriber, using a commonly-available NNTP client such as Outlook Express News. Non-interactive clients that download Usenet articles in bulk are prohibited.

15. Conflict. In the event of a conflict between the Subscriber Agreement and this Policy, the terms of the Subscriber Agreement will prevail.

16. How to Contact Cox. For any questions regarding this AUP, complaints of violations, or cancellation notices, please contact Cox at one of the following:

Email: abuse@cox.net

Phone: See your invoice or visit http://www.cox.com/ and check under "Customer Service"

U.S. Mail: See your invoice or visit http://www.cox.com/ and check under "Customer Service"

 
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Chad, assuming you want to try and NetCop this joker, below is a letter you can send to Cox (see my post above with the TOS, which lists the email address to which you can send abuse reports). It is substantially similar to the HPH letter, but there are differences, so please review before sending.

I have uploaded the offending posts by "Backin2005" to the FTP server.

Hello,

I am the owner of Huskerboard.com, an Internet discussion board. Huskerboard.com was created to provide an on-line forum for the discussion of sports in general, and the athletic programs of the University of Nebraska Cornhuskers in particular. In addition, Huskerboard.com is also a business entity, owned and operated by College Sports, Incorporated, of which I am also the President and owner. One of the purposes of Huskerboard.com is to "drive traffic" to various businesses owned or operated by College Sports, Inc. Therefore, interference with the operation of Huskerboard.com may and can result in loss of sales and profits to the owner.

Huskerboard.com is a moderated discussion board. While any person with Internet access may view the contents of Huskerboard.com, individuals or entities may post material only upon registration of a user account. Each person registering with Huskerboard.com agrees to abide by rules set forth by Huskerboard.com.

Huskerboard.com provides advertising space to, and derives advertising revenues from, entities featured on Huskerboard.com. These entities require and have strict policies against advertising on sites which contain objectionable material. Posting of such material can result in the loss of advertisers and revenue to Huskerboard.com. The Huskerboard.com rules contain provisions to prohibit the posting of material that would violate the requirements of Huskerboard.com advertisers.

On August 30, 2005, an individual registered membership with Huskerboard.com. This individual registered the username “Backin2005”. “Backin2005” posted a total of five (5) messages on Huskerboard.com before the user account was terminated, with all posts being made on September 2, 2005. Those posts were in flagrant disregard for the Huskerboard.com rules to which “Backin2005” agreed upon registration, and consisted primarily of obscene material or statements. By posting those messages, Huskerboard.com may have lost potential new members and thus sales from the related business, and may yet face the loss of revenue from advertisers that withdraw their advertising.

The posts mentioned above may be viewed at the following URL:

http://www.huskerboard.com/mods/Backin2005/

The individual in question, “Backin2005”, posted from the IP address 68.227.164.213, which ARIN records indicates is registered to Cox Communications, Inc.

The actions of “Backin2005” have violated the Cox Communications, Inc. Acceptable Use Policy (AUP). Specifically, Section 1 states:

1. Prohibited Activities. You may not use the Service in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, you may not use the Service to:

o Conduct, participate in, or otherwise facilitate pyramid or other illegal soliciting schemes.

o Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

o Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.

o Post, transmit, or disseminate content that is threatening, abusive, libelous, slanderous, defamatory, incites hatred, OR IS OTHERWISE OFFENSIVE OR OBJECTIONABLE.

Based on the material in, and attached to, this email, I am requesting that Cox Communication, Inc. take appropriate action to terminate the user account and Internet access service for the individual or entity to whom the above listed IP address is, or was, assigned as of August 30, 2005 through September 2, 2005 immediately, as well as any and all other appropriate action necessary to protect Huskerboard.com from harassment and attacks through the Cox Communication, Inc. Internet access service provided to the user or entity of the above-listed IP as of August 30, 2005 through September 2, 2005. Although the specific Huskerboard.com user account has been terminated, the individual could still possibly re-register under a different name. While I would regret the necessity, failure to do so may result in legal action being taken by Huskerboard.com, College Sports, Inc., and the ISP for Huskerboard.com against Cox Communication, Inc.

Thank you for your prompt attention to this critical matter.

Sincerely,

Chad Schneider

President & Owner

HuskerBoard.com

College Sports, Inc.

1281 N Martway #105

Olathe, KS 66061

913.638.6191

 
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