Do you ever received legal notice by post?

natan

natan

Member
Hi,

Recently we have received a notice on behalf Sony by post to take down a website from our server, they also warned us they will take a legal step if we do not take any action. Although the specified website does not host with us. It looks like they have handover the case to an agency to take down the website anyway who sent the notice on behalf Sony.

We have talked with the concerned agency via telephone (the number was given on the notice bottom) and they seems very aggressive and not beliving our words.

Do you have ever received any notice by post like this and how you resolved this?
 
Confused - how is a website that is not hosted by you on your server any concern of yours? Are you hosting a VPN or what?
 
My guess is that the client is not directly theirs, and may be that of a reseller on their server (or network). Either way, that's still your responsibility to take the site offline or adhere to the request if it's a legitimate request.

As far as talking to the attorney who sent you the notice, it's their job to be aggressive. If you speak to your own attorney, they will tell you never to talk to the opposing council - everything must be in writing. This is for your protection as much as theirs.

Any legal notice MUST be sent via mail also. We worked under the guidelines that if it wasn't provided via mail, it wasn't legally binding - although it was still a good thing to investigate and act if needed.

If you have a server and you sell it to someone, and that person then allows someone else to do something, you are still responsible (depending on safe harbor laws etc), much like your upstream provider (data center) is somewhat responsible for your actions.

Unless you want your entire network taken down, I would investigate the issue.
 
It's suspected the website owner may be leased one of our server and IP and hosted the website for a temporary basis. So, at first we tried to find the website on billing system and shared servers but did not found. We have also checked the website is behind Cloudflare, so we have asked them to send a notice to Cloudflare and the domain registerer (GD), so they can share the network IP of the website.
 
natan said:
It's suspected the website owner may be leased one of our server and IP and hosted the website for a temporary basis. So, at first we tried to find the website on billing system and shared servers but did not found. We have also checked the website is behind Cloudflare, so we have asked them to send a notice to Cloudflare and the domain registerer (GD), so they can share the network IP of the website.
Click to expand...
A whois search of the website will tell you what IP the site is hosted on. It may be on your server as an addon domain, so would not show up in WHM or on your billing system.
 
bigredseo said:
Any legal notice MUST be sent via mail also. We worked under the guidelines that if it wasn't provided via mail, it wasn't legally binding - although it was still a good thing to investigate and act if needed.
Click to expand...
Also to make it legally binding it must be signed and the letter must come from an attorney/solicitor that is registered with the law council in their country as anyone can make up an attorney or solicitors company name and send letters.

I once had an issue when i was selling printer inks, i got emails etc. telling me that i was using this other companies name, so i had to stop or action would be taken.
I told them to get their solicitor to write to me requesting this 15 year on and still waiting for the solicitors letter.
 
natan said:
It's suspected the website owner may be leased one of our server and IP and hosted the website for a temporary basis. So, at first we tried to find the website on billing system and shared servers but did not found. We have also checked the website is behind Cloudflare, so we have asked them to send a notice to Cloudflare and the domain registerer (GD), so they can share the network IP of the website.
Click to expand...
Its not always easy to find ip when it is behind cloudflare. Just ask them to send request to cloudflare. Then you can easily find. By the way, if it is not in cloudflare you can try an awesome tool - https://securitytrails.com/domain/hostingdiscussion.com/dns to find ip and hosted domains and you can check history here - https://viewdns.info/iphistory/?domain=hostingdiscussion.com. even if it's on cloudflare you can track it by mx or txt record.
 
tolltd said:
Just ask them to send request to cloudflare.
Click to expand...
All cloudflare will do is tell you they dont host the website (which is 100% true), so they cant do anything.

tracert the domain name and it will provide the IP trail to find the actual IP the website is running on
 
bigredseo said:
That's a nice tool! I used to use similar tools when it comes to WHOIS history, but the fact that this IP tool is free, that's pretty cool!
Click to expand...
trouble is it does not work for all domains. 2 domains i checked all i got was 'Unfortunately we do not have any records for this hostname. Please select a different hostname and try again. Note: Our system only tracks top level domains and not subdomains.' and they are top level domains
 
bigredseo said:
That's a nice tool! I used to use similar tools when it comes to WHOIS history, but the fact that this IP tool is free, that's pretty cool!
Click to expand...
Yes, thats really a great tool :) and the combination of securitytrails is just awesome with old record to track any ip.
easyhostmedia said:
trouble is it does not work for all domains. 2 domains i checked all i got was 'Unfortunately we do not have any records for this hostname. Please select a different hostname and try again. Note: Our system only tracks top level domains and not subdomains.' and they are top level domains
Click to expand...
I didn't find any better alternative. Which one you are using?
 
You must log in or register to reply here.

Supporters

Back
Top