Unjustly targeted, accused and defamed

[NWI1990]

What state are you from?: Indiana

I hope I can ask this here.

So this one person and I had used email to communicate about conduct on a site we both use, as their visitor messaging is turned off on said site. One day, I decided to express my discontent with their conduct and behavior towards me, pertaining to the usage of the site, and next thing I know, my account there was suspended. I got an email from the site saying I was suspended for "abusive content", when my email sent to the person was not vulgar or nasty, although I had told them I felt that they have a lot of dissociation when it comes to their conduct and makes working and communication with them difficult. This exchange was outside of the mutual site, so I feel that it's petty that this person would get me in trouble and try to have my privileges removed for something they caused and discussed outside of the site we both use. I have read said site's Terms of Service several times and nowhere does it say that a private conversation from outside the site can be used to influence a user's usage of the site/privileges. Is this even legal?

This is not the first time that I have been punished, per say, for the actions of other users there. It seems that a lot of this site's users that I have come across ignore the site's Terms of Service and guidelines, and simply informing them of it is met with adversity and turning their misconduct around on abiding users. It also seems that this site, or at least certain administrators there, ignore their own rules and guidelines and let the accused get away with their violations. What also troubles me is that I feel like I am being monitored when I am using the service as intended. The site itself says it cannot monitor every user of their site, yet when it comes to me and some perceived wrong that I allegedly committed, they immediately act on it, whereas others that I have reported before for worse violations have not been handled accordingly after months of reporting their offenses (sometimes by other people, in addition to myself). Certain users also have stalked me on said site, as one or two of the same people had periodically nosed in on my contributions there, questioning my sources and what information I contribute beyond a reasonable amount. I have used the site daily for 6 years and casually contribute work to it and leave the door open for others' submissions and contributions. Someone asked me as to why I don't discontinue my usage of said site, and my response was that I have put years of work into it and it would be against what I believe in to just leave, even amidst such treatment by others.

I feel that there is some kind of infringement or violation of my personal rights somewhere, but just not sure what or how. I had thought about bringing up complaints against the site and the abusers I've dealt with, but was told by those closest to me that it would be worse on me financially, yet I feel like some judgment is in order for what I've bee put through. Any ideas?

 

[Zigner]

If you don't like their rules, then don't play in their sandbox.

 

[Just Blue]

I hope I can ask this here.

So this one person and I had used email to communicate about conduct on a site we both use, as their visitor messaging is turned off on said site. One day, I decided to express my discontent with their conduct and behavior towards me, pertaining to the usage of the site, and next thing I know, my account there was suspended. I got an email from the site saying I was suspended for "abusive content", when my email sent to the person was not vulgar or nasty, although I had told them I felt that they have a lot of dissociation when it comes to their conduct and makes working and communication with them difficult. This exchange was outside of the mutual site, so I feel that it's petty that this person would get me in trouble and try to have my privileges removed for something they caused and discussed outside of the site we both use. I have read said site's Terms of Service several times and nowhere does it say that a private conversation from outside the site can be used to influence a user's usage of the site/privileges. Is this even legal?

This is not the first time that I have been punished, per say, for the actions of other users there. It seems that a lot of this site's users that I have come across ignore the site's Terms of Service and guidelines, and simply informing them of it is met with adversity and turning their misconduct around on abiding users. It also seems that this site, or at least certain administrators there, ignore their own rules and guidelines and let the accused get away with their violations. What also troubles me is that I feel like I am being monitored when I am using the service as intended. The site itself says it cannot monitor every user of their site, yet when it comes to me and some perceived wrong that I allegedly committed, they immediately act on it, whereas others that I have reported before for worse violations have not been handled accordingly after months of reporting their offenses (sometimes by other people, in addition to myself). Certain users also have stalked me on said site, as one or two of the same people had periodically nosed in on my contributions there, questioning my sources and what information I contribute beyond a reasonable amount. I have used the site daily for 6 years and casually contribute work to it and leave the door open for others' submissions and contributions. Someone asked me as to why I don't discontinue my usage of said site, and my response was that I have put years of work into it and it would be against what I believe in to just leave, even amidst such treatment by others.

I feel that there is some kind of infringement or violation of my personal rights somewhere, but just not sure what or how. I had thought about bringing up complaints against the site and the abusers I've dealt with, but was told by those closest to me that it would be worse on me financially, yet I feel like some judgment is in order for what I've bee put through. Any ideas?

US Law only.

 

[NWI1990]

If you don't like their rules, then don't play in their sandbox.

It has nothing to do with whether or not I like the rules, but with others' disregard for them and using that as a excuse to target me out of the blue,

 

[NWI1990]

US Law only.

? I am from the United States

 

[Just Blue]

? I am from the United States

Then why didn't you post your state as required?

 

[NWI1990]

Then why didn't you post your state as required?

I wasn't aware of that. I edited my OP.

 

[Just Blue]

It has nothing to do with whether or not I like the rules, but with others' disregard for them and using that as a excuse to target me out of the blue,

If you were to sue the site owners, you would lose. They can ban you if they want...for any reason they want.

 

[PayrollHRGuy]

I feel that there is some kind of infringement or violation of my personal rights somewhere, but just not sure what or how.

What "right" do you think you have to use the site?

 

[Zigner]

It has nothing to do with whether or not I like the rules, but with others' disregard for them and using that as a excuse to target me out of the blue,

It's their sandbox, they can do what they want. Perhaps you ought to build your own playground...

 

[quincy]

What state are you from?: Indiana

I hope I can ask this here.

So this one person and I had used email to communicate about conduct on a site we both use, as their visitor messaging is turned off on said site. One day, I decided to express my discontent with their conduct and behavior towards me, pertaining to the usage of the site, and next thing I know, my account there was suspended. I got an email from the site saying I was suspended for "abusive content", when my email sent to the person was not vulgar or nasty, although I had told them I felt that they have a lot of dissociation when it comes to their conduct and makes working and communication with them difficult. This exchange was outside of the mutual site, so I feel that it's petty that this person would get me in trouble and try to have my privileges removed for something they caused and discussed outside of the site we both use. I have read said site's Terms of Service several times and nowhere does it say that a private conversation from outside the site can be used to influence a user's usage of the site/privileges. Is this even legal?

This is not the first time that I have been punished, per say, for the actions of other users there. It seems that a lot of this site's users that I have come across ignore the site's Terms of Service and guidelines, and simply informing them of it is met with adversity and turning their misconduct around on abiding users. It also seems that this site, or at least certain administrators there, ignore their own rules and guidelines and let the accused get away with their violations. What also troubles me is that I feel like I am being monitored when I am using the service as intended. The site itself says it cannot monitor every user of their site, yet when it comes to me and some perceived wrong that I allegedly committed, they immediately act on it, whereas others that I have reported before for worse violations have not been handled accordingly after months of reporting their offenses (sometimes by other people, in addition to myself). Certain users also have stalked me on said site, as one or two of the same people had periodically nosed in on my contributions there, questioning my sources and what information I contribute beyond a reasonable amount. I have used the site daily for 6 years and casually contribute work to it and leave the door open for others' submissions and contributions. Someone asked me as to why I don't discontinue my usage of said site, and my response was that I have put years of work into it and it would be against what I believe in to just leave, even amidst such treatment by others.

I feel that there is some kind of infringement or violation of my personal rights somewhere, but just not sure what or how. I had thought about bringing up complaints against the site and the abusers I've dealt with, but was told by those closest to me that it would be worse on me financially, yet I feel like some judgment is in order for what I've bee put through. Any ideas?

I see no defamation in what you have experienced.

The site owner can enforce their terms and conditions as they see fit. There is nothing that legally prohibits a site owner from applying rules differently to different contributors.

Unless the webhost contributes defamatory content of their own creation or encourages the creation of defamatory content, the webhost is provided an immunity from suit over the publication of third-party content, this under the Communications Decency Act's section 230.

The one who can be held liable for defamatory content is the creator of the content.

As to privacy in emails, there is very little privacy on the internet. It is best to not publish anything online, or send anything in a private message or email, that you do not want others to see.

 

[quincy]

Here is an older link to general information on Indiana's defamation laws:
http://www.dmlp.org/legal-guide/indiana-defamation-law

And here is a link to the Communications Decency Act section 230: https://www.law.cornell.edu/uscode/text/47/230

 

[NWI1990]

Their terms mention that they can terminate usage whenever they want, but nothing about having to monitor and single out people. It also mentions that harassment, defamation, etc. is in violation of their terms, yet there have been several users (most of them much older, if that means anything) that have gotten away with blatant harassment towards other users for issues that could have been easily resolved between the two or more persons. If they're not holding everyone to the same regard, then what is the point of having guidelines? The fact of the matter is that it was unethical for the person to use a private email that only both of us can see to try to bring harm. If it was a message posted directly on the site itself, then I can understand that, but it wasn't. Do I have to show this site her messages she sent to me as well or is that in violation of something too? This kind of treatment and "clique mentality" from them would not fly in a normal workplace, as I've been told, so I don't get why a website would resort to doing so to an abiding and fair user of their service.

As to the person above who said to make my own site, it would be plagiarism for me to do so.

 

[quincy]

Their terms mention that they can terminate usage whenever they want, but nothing about having to monitor and single out people. It also mentions that harassment, defamation, etc. is in violation of their terms, yet there have been several users (most of them much older, if that means anything) that have gotten away with blatant harassment towards other users for issues that could have been easily resolved between the two or more persons. If they're not holding everyone to the same regard, then what is the point of having guidelines? The fact of the matter is that it was unethical for the person to use a private email that only both of us can see to try to bring harm. If it was a message posted directly on the site itself, then I can understand that, but it wasn't. Do I have to show this site her messages she sent to me as well or is that in violation of something too? This kind of treatment and "clique mentality" from them would not fly in a normal workplace, as I've been told, so I don't get why a website would resort to doing so to an abiding and fair user of their service.

As to the person above who said to make my own site, it would be plagiarism for me to do so.

To start with your last comment first: It is not "plagiarism" to start your own website. Plagiarism is trying to pass off another's original idea or creative expression as one's own. It is akin to copyright infringement.

A website does not operate like a typical workplace. Third-party contributors of content to a site are not employees.

The owner of the website makes the rules and, as owner, can choose to enforce these rules, or not. Websites often operate more effectively and efficiently when all terms and conditions of a site are followed by everyone but there is no law that requires this.

The bottom line is that no one has a right to post on any website. If you are unhappy with the way a website operates, you can complain to the owner but the simple solution is to just stop going there.

Based on what you have described, I see no legal action for you to pursue.

 

[NWI1990]

To start with your last comment first: It is not "plagiarism" to start your own website. Plagiarism is trying to pass off another's original idea or creative expression as one's own. It is akin to copyright infringement.

A website does not operate like a typical workplace. Third-party contributors of content to a site are not employees.

The owner of the website makes the rules and, as owner, can choose to enforce these rules, or not. Websites often operate more effectively and efficiently when all terms and conditions of a site are followed by everyone but there is no law that requires this.

The bottom line is that no one has a right to post on any website. If you are unhappy with the way a website operates, you can complain to the owner but the simple solution is to just stop going there.

Based on what you have described, I see no legal action for you to pursue.

Then they should enforce this. It's like that old saying, "inmates running the asylum". That's how a lot of it had turned out to be.

The rights I'm referring to are my own civil rights, not my rights as a user. Some would view this campaign against me as some form of harassment or cyberbullying. Me or whomever else it concerns simply informing others of how the site works or expressing concern about someone else's conduct is not "abuse", contrary to popular belief, yet they have it in their minds that it's some offense against them.

I am just giving my side of the story. I don't know what was said or discussed on the other end, but I can only speak for myself and what I have witnessed. I have plenty to corroborate my claims.

Let's just set aside the site itself and say that the users are the problem for a minute. What can one do if one or more users are misusing the site, harassing others, etc, and the administrators don't follow up on the matter even when such conduct violates their terms and conditions? I've sent a few emails to the site in the past yet no reprimanding or suspending/terminating was done, as said people continued to offend. I will say that some of the admins have been helpful with other issues in the past, but not all of them are on board with how to handle people and stressful issues like stated above.

ADD: The site has a physical building/office, so they do have employees that work for them.