When bad shit happens to me, I try to learn from the experience, then teach others what I've learned.
Here's a copy of the Cease and Desist letter I sent to caerf and a couple of their members. Names have been edited out to protect the "innocent until proven guilty in a court of law".
Cease and Desist Letter regarding Violation of Terms of Service at Caerf.cc
To:
***** and Caerf.cc
April 10, 2017
Dear *****,
I am writing to inform you that I am prepared to take legal action against ***** and Caerf.cc, as a result of malicious defamation, harassment and bullying that has taken place on your website.
You were notified by PM, email and reported posts, of malicious defamation, harassment and bullying that was taking place by ***** against Lori aka escapefromstress.
You were provided with ample evidence to support Lori aka escapefromstress’ claims of malicious defamation, harassment and bullying, along with content posted on your site by Lori aka escapefromstress defining these online crimes, explaining Internet Law and the process for resolving these issues.
You chose to ignore her requests for help, allowed ***** to continue the harassment of Lori aka escapefromstress, and became involved in further harassing, bullying and defaming Lori aka escapefromstress, thereby violating your own Terms of Service and Guidelines for Posting.
Lori aka escapefromstress was also the Super Moderator Prophet on caerf.cc and is also prepared to take legal action against ***** and caerf.cc as a result of additional harassment, bullying and malicious defamation with criminal intent that has taken place on your website regarding her Moderator handle.
The harassment, bullying and malicious defamation are well documented and evidence has been prepared to give to a lawyer, Law Enforcement and the media.
I demand that you – *****, ***** and all other members of Caerf.cc Cease and Desist from further mentioning, harassing, bullying or maliciously defaming Lori aka escapefromstress aka Prophet.
I demand that you immediately delete any and all future threads and posts mentioning Lori aka escapefromstress aka Prophet from your website, as speculation, gossip and lies have led to further malicious defamation in the past.
I demand that you delete the following threads, as they are original content posted by Lori aka escapefromstress aka Prophet and I no longer wish to have my name or my content associated with caerf.cc.
(… threads have already been deleted as per my request.)
You have failed to abide by your own Terms of Service (prepared for caerf.cc by Prophet), and failed to ensure that your members, specifically ***** and ***** abide by them.
https://www.caerf.cc/rboard/view.php?pg=tos
Terms of Use
By accessing this site, you are agreeing to these Terms and Conditions of Use.
3. User's Code of Conduct
You agree to use the Website in accordance with the following Code of Conduct and You agree and acknowledge that at our sole discretion we may, but are under no obligation to reject or delete any materials posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Website for violating these provisions:
3.1 You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
3.2 You will not use the Website to infringe the privacy rights, property rights, or other civil rights of any person.
3.3 You will not post messages or use the Website in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
8. Inappropriate Use of Chat or Public Areas Use of Proprietary Materials
If the Website enables Users to share information with other Users through the use of Chat rooms, Public Areas or other means of communication among Users, You agree that You shall not submit, publish, or display on the Website any material which is infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify the Company and its representatives for any claims or suits arising from Your use of this Website in violation of this agreement and warranty.
8.2 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation Advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by the Website, or to be otherwise unacceptable.
8.3 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website or Users of the Website and that we may, in our sole discretion, terminate or suspend Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at our sole discretion, and You may be referred to appropriate law enforcement agencies.
14. Liability of Users for Information They Post
The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide any kind of service to Users, or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, provincial, or local law in Canada or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
14.1 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
I am still contemplating future legal action including a Defamation Lawsuit, pursuing criminal charges for malicious defamation with criminal intent, and submitting an article to the media.
Lori aka escapefromstress aka Prophet has made every reasonable effort to educate *****, ***** and members of caerf.cc regarding Internet Law and Cybercrimes, she repeatedly reported the harassment, bullying and malicious defamation to the Administrators and Moderators at caerf.cc, and she was ignored.
Not only did you refuse to comply with your own Terms of Service and Guidelines for Posting, you ***** and other members of caerf.cc contributed to the further harassment, bullying and malicious defamation of Lori aka escapefromstress aka Prophet.
Please attend to the requested thread deletions, and ensure that no further malicious defamation of Lori aka escapefromstress aka Prophet is allowed to take place on your website.
I will advise you of possible further legal action after consulting with my lawyer.
Lori Wilson
*****
They did delete the content I asked them to ( I suspect they have wiped every trace of my existence from their website by now), but the responses to my C&D letters are not encouraging.
Admin's response was to tell me they'd report me for harassment if I contacted them again. Sorry - sending a C&D letter to someone is not harassment. It is not a crime to report a crime.
The member most guilty of harassment and defamation towards me replied to say that they think I have mental problems and I'm crazy to accuse them of harassment. The legal definition of harassment means that you're doing things to someone, saying things about someone, or keep contacting someone repeatedly after they've asked/told you to stop. That's exactly what was done to me, and I have the evidence to prove it.
http://www.chrc-ccdp.gc.ca/eng/content/what-harassment
The next step for me to take legally is to show my evidence to my lawyer, and if they believe I have legal grounds, they will send a Cease and Desist letter to the same people.
If that C&D is ignored or not complied with, then we proceed to civil or criminal court.