Want to Sue Us ?
Before you instruct your lawyer to sue us, it’ll be worth your time to read this. It might save your money and time trying to sue us, hoping we’d feel pressurized enough to remove complaints against them. To add a preface, here are some points you must consider –
- The domain is registered in Bahamas. The website is hosted on an offshore server. The billing is taken care by our designated lawfirm who cannot reveal any relevant details about holysmoke.org’s user database due to strict attorney-client privileges.
- Appropriate jurisdiction for any lawsuit is Shelby Country Court, Memphis TN (USA)
- The website is immune from any prosecution as per CDA: Communications Decency Act , Section 230. More explanation provided below.
- We do not take kindly to any threats or bribe offers. Any such incident will be published on the website. Also, we advice you to Google ‘Streisand Effect’ in advance before you attempt any such thing.
- We are legally adept. But more so, we are technically competent and are backed by an array of experts. Kindly do NOT attempt any illegal or unethical methods to try and remove or suppress content published on this website. We’re talking to you, rogue reputation firms !
Federal Law, CDA: Communications Decency Act , Section 230
Can you sue us ?
In layman terms, NO. This is absolutely legal. In fact, unless Trump changes the constitution (no bets on that), holysmoke.org is a real-estate review and consumer complaint website. Please read below as to what actions constitute as legal, and where our accountability lies.
US Federal Law, specifically, “Section 230 of The Communications Decency Act” of 1996, holds harmless Internet Service Providers, from unpopular or controversial content that is posted to websites by the website’s users or members.
Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This federal law preempts any state laws to the contrary: “[no cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.]”
In case you missed it, or didn’t understand it, Federal Law says that holysmoke.org, as a 3rd party posting website, is not to be regarded as the publisher of the content posted to its site by others, and is afforded immunity from liability for the words and comments posted by its users. Based on the legal precedent that has already been set, you cannot bring a lawsuit against holysmoke.org.
Now here is why we cannot remove alert – .
The Immunity granted by CDA will upheld, so long as the alerts remain 3rd party posts, meaning in their original form as their submitting author submitted them.
There has been talk that some Congressional law makers are exploring the rescinding of Immunity” in cases where it can be determined that a Web Host has taken any censorship actions to control, edit, alter, or even delete 3rd party posted content by it’s users. Therefore, holysmoke.org, to avoid risking the possibility of losing its legal immunity, cannot and will not delete any alert, or edit them even in the slightest way.
Based on the above, holysmoke.org is under the strict advice of its attorneys to not get involved in the disputes of the posters and those posted in the reports, and to not ever edit or delete posts at any time, for any reason. To NOT be involved and remain completely neutral is the only way we will be sure to maintain our legal immunity under Federal Law. and if a person has a problem being listed in the registry, the law says they must pursue their differences with the alert’s author.