1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Cease and Decist e-mail from Facebook!

Discussion in 'BlackHat Lounge' started by sippick, May 18, 2012.

  1. sippick

    sippick BANNED BANNED

    Joined:
    Oct 3, 2008
    Messages:
    167
    Likes Received:
    60
    Hi guys,

    I have received my first C&D e-mail EVER!
    I own a website that provides social services like twitter followers, soundcloud plays and facebook likes, youtube views and so on.
    Today I received an e-mail from facebooks lawyers asking me to stop whatever im doing.
    They even blocked my personal account on FB! and blocked my IP (not even my brother can access fb from home now)

    Here is the e-mail, can someone please let me know wtf I should do now??? I have not made ANY profit from this site at all yet! just started setting up my campaigns!

    Code:
    We represent Facebook, Inc., based in Menlo Park, California. It has come to our attention that
    through your website XXXXXXX, you are selling packages of Facebook “fans,” including
    both targeted and untargeted fans. You claim to obtain fans for Pages by various means such as
    offering free content or other rewards to users that like Pages that have paid for your services.
    Facebook’s terms specifically forbid incentivizing users to like Pages that you do not own, using
    personal profiles for commercial gain, creating fake profiles, and deceiving other Facebook
    users, including the false inflation of fan counts on Pages.
    [B]Facebook demands that these activities stop immediately and that you cease offering any
    service related to Facebook.[/B]
    Facebook takes the protection of the user experience very seriously, and is committed to keeping
    Facebook a safe place for users to interact and share information. Facebook has developed its
    terms in order to protect its users and facilitate these goals.
    Facebook’s terms prohibit, among other things:
    
    Incentivizing users to Like any Page other than your own website or application. By
    compensating users for “likes,” you are incentivizing users to like Pages you do not
    operate.
     Using personal profiles for commercial gain. Users are being effectively paid for
    activities performed using their personal Facebook profiles, and thus are improperly
    using their personal profiles for commercial gain.
     Creating fake profiles. Users have created fake profiles in order to receive the incentives
    you have offered.
     Facilitating or encouraging others to violate Facebook’s terms. The incentives provided
    to users to encourage them to use their profiles for commercial gain, to create fake
    profiles to benefit from your system, and to refer additional users who will do the same.
     Misleading Facebook users. Compensating users to like Pages inflates fan counts, which
    are intended to express actual interest in a Page’s message or products. Using the
    Facebook logo as part of the website also falsely implies an association with Facebook.
    
    In addition to violating Facebook’s terms, your activities may violate the California
    Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code § 502(c); the federal
    Computer Fraud and Abuse Act, 18 U.S.C. § 1030; and state laws prohibiting interference with
    Facebook’s business expectations and interests.
    Further, the unauthorized use and incorporation of the Facebook trademark in your advertising
    scheme is an intentional effort to fraudulently induce Facebook users to visit your websites, and
    participate in your scams. Your unauthorized use of the Facebook’s trademarked Pages and
    Profiles violates United States and state trademark laws, including the United States Lanham
    Act, 15 U.S.C. §§ 1114, 1125(a), 1215(d).
    Facebook has taken steps to deactivate your Facebook accounts, and hereby revokes your limited
    license to access or use the Facebook site(s) and/or services. [B]This means that you, your agents,
    your employees and/or anyone acting on your behalf (collectively “You” or “Your”) are no
    longer authorized to access the Facebook website, use the Facebook Platform, advertise on
    Facebook, or use any of the services offered by Facebook any reason whatsoever.[/B] 
    Facebook will treat further activity by You on the Facebook website or Platform as unauthorized access to
    its protected computer network.
    
    [B]Please respond to me in writing no later than close of business, Monday, May 21, 2012
    confirming that You:[/B]
     Have stopped and will not in the future access Facebook’s site(s) and/or use Facebook’s
    services, including but not limited to Facebook’s social plugin code such as the “like”
    button for any reason whatsoever;
     Have stopped and will not in the future incentivize Facebook users to “Like” any Page or
    website, or to offer any services connected to Facebook through any means, including but
    not limited to XXXXXXX;
     Have stopped and will refrain from using, selling, distributing or otherwise providing
    software, code, or scripts that are designed to automate actions on or interact with
    Facebook;
     Have removed all references to Facebook from any and all other websites that you own
    or have the ability to control, including XXXXXX;
     Will account for and disgorge any and all revenue earned from Your unauthorized
    marketing activities on Facebook or to Facebook users; and
     Will strictly comply with Facebook’s terms, including those that survive termination.
    
    [B]Along with your response, we demand that you provide:[/B]
     A complete list of any and all Facebook accounts You have created, developed,
    maintained or controlled;
     A complete list of domains that You own, maintain or control;
     A detailed description of the methods used to obtain fans that you offered for sale;
     A complete accounting of each and every customer who purchased your Facebook
    services, including an accounting of all compensation received by You, and the URLs for
    each profile and/or Page for which You rendered those services; and
     A copy of each and every version of every software code You have developed to interact
    with Facebook’s site and/or services.
    
    If you ignore this letter or continue your current improper conduct, Facebook will take necessary
    measures to enforce its rights, maintain the quality of its site, and protect its users.
    This letter is not intended by us, and should not be construed by you, as a relinquishment or
    waiver of any of Facebook’s rights or remedies. Facebook specifically reserves all such rights
    and remedies whether at law or in equity.
    
    
    
    I really dont have money to be paying lawyers and such and am quite intimidated by this crap...
    Please help!
     
  2. Nordajgt

    Nordajgt Regular Member Premium Member

    Joined:
    May 12, 2011
    Messages:
    464
    Likes Received:
    195
    Occupation:
    Director of Marketing
    Location:
    Brooklyn
    Woah. Damn, they're cracking down hard it seems. Sorry to hear man, hope you get it resolved. Shit dude.
     
    • Thanks Thanks x 1
  3. KINGCOS

    KINGCOS Junior Member

    Joined:
    Apr 3, 2012
    Messages:
    106
    Likes Received:
    90
    Occupation:
    Bossman
    Location:
    AUS
    Shit just got real, damn...
     
  4. mrunknown

    mrunknown Regular Member

    Joined:
    Sep 16, 2008
    Messages:
    391
    Likes Received:
    410
    Location:
    On My Own Island
    and you had not made any money from the site? That seems pretty quick
    i hate to say it but maybe somehow your competition reported you
    just a guess im not into this type of marketing
     
  5. alinator

    alinator Junior Member

    Joined:
    Mar 3, 2012
    Messages:
    147
    Likes Received:
    25
    Location:
    NYC
    It does seem they are, must be due to their IPO. I have noticed Addmefast will also stop offering Facebook Likes as of 21 May.
     
  6. seontist

    seontist Registered Member

    Joined:
    Oct 13, 2011
    Messages:
    71
    Likes Received:
    5
    Damn dude, run for hills!
     
  7. Roparadise

    Roparadise BANNED BANNED

    Joined:
    May 25, 2011
    Messages:
    786
    Likes Received:
    1,417
    Write a letter back saying you'll stop but your writing a complaint to the SEC about Facebook defrauding investors. If they get enough complaints,the SEC will investigate and zuckerberg will be in prison getting ass raped by Big Bubba.
     
    • Thanks Thanks x 2
  8. GroovinMind

    GroovinMind BANNED BANNED

    Joined:
    Mar 16, 2012
    Messages:
    161
    Likes Received:
    23
    Hold on. How would they connect your FB account with your company?

    Banned your ip you say?

    How would they know? Are you hosting your website locally at your house?
     
    • Thanks Thanks x 3
  9. cybeard

    cybeard Registered Member

    Joined:
    Oct 2, 2008
    Messages:
    86
    Likes Received:
    17
    Just stop what you're doing, reply to their e-mail, say that you don't make any money with it and will stop the activities, then they will send you a agreement letter saying that you agree to stop and never will do the thing again, sign it, scan and return the letter. Now you're ready to move on!
     
  10. sippick

    sippick BANNED BANNED

    Joined:
    Oct 3, 2008
    Messages:
    167
    Likes Received:
    60
    No man, the website is hosted on hostgator, but i used my personal account when making the page on fb for my website. I wasnt offering any FB services on facebook, they must have followed the link and checked my website if i was offering those services.

    they have my name and address information... stupid of me - i know.
    but what do i do now? as far as i understand, all they want is for me to stop doing it, right? I already removed facebook services off of my website.
     
  11. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

    Joined:
    Mar 10, 2010
    Messages:
    12,747
    Likes Received:
    21,963
    Occupation:
    I don't actually have a job
    Location:
    It's an Algo, of course it can be gamed.
    Home Page:
    Let them know in writing that you stopped and give them a link to the site to show you have changed your operations... should not be a huge thing at this point.

    If you do continue though I am sure that there will be civil suits that could be a lot of money.

    Cl did something similar and maybe still does and won each time they took someone to court... in fact I know 2 guys personally (as in I know them face to face) that had dealings with CL and it was not pretty.
     
  12. andee

    andee Regular Member

    Joined:
    Jul 24, 2010
    Messages:
    218
    Likes Received:
    83
    Dam they want a list of all your domains, facebook related or not, all your clients information and websites and all your source code. (amongst other htings)

    You should of hidden yourself a hell of alot better, linking your page to your personal account was not smartest....

    Dude just comply, you havnt got a hope in hell of fighting them, esp with their upcoming $100 billion IPO , theyve got shareholders to answer to now
     
  13. jayjaymoney

    jayjaymoney Junior Member

    Joined:
    Jan 6, 2012
    Messages:
    170
    Likes Received:
    78
    Occupation:
    IM
    Location:
    City of Angels ☜(゚ヮ゚☜)
    The part after Along with your response, we demand that you provide: is probably the scariest, but I don't think they have the right to take these information from you, especially the part about your customer's personal information.
     
    • Thanks Thanks x 4
  14. OldSalt

    OldSalt Moderator Staff Member Moderator Jr. VIP Premium Member

    Joined:
    May 19, 2009
    Messages:
    1,279
    Likes Received:
    7,437
    Gender:
    Male
    Occupation:
    IT Sys Admin
    Location:
    US, East Coast
    1) Are you sure it's legit? Have you checked the email header to see if it truly came from FB or if it's some legit looking bogus email.

    2) What is the return address that they want to respond to in writing? (is it FB or an attorney?)

    3) If it's FB, is it a legit address for them? If it's an attorney - are they an actual attorney for FB?

    4) Ahhh... don't worry about it... it's not like FB has any real money to take you to court with...

    Ok, ignore #4... ;)

    Good luck - but if it's legit, do as those above have said - GET OUT NOW before you really do make more money. You have little to lose and little for them to take (in this venture) at this point.

    *Edit* I just re-read what the OP... uh yea... if they blocked your account and IP, it's looking pretty legit. So... it's time for you to find another avenue to take cause the one you're on isn't leading in a good direction. Answer them in writing and move on.
     
    Last edited: May 18, 2012
  15. brainstorm1

    brainstorm1 Jr. VIP Jr. VIP Premium Member

    Joined:
    Jan 13, 2012
    Messages:
    889
    Likes Received:
    329
    Occupation:
    IM full time
    Location:
    Deep south
    You may want to quit it then. Reply to them that you did not know, you're sorry, and they'll probably let you off the hook.

    I would suggest working up a client base on BHW or wherever that needs a constant stream of them so that you can still earn without a public site that advertises your BH techniques against FB guidelines.
     
    • Thanks Thanks x 1
  16. sippick

    sippick BANNED BANNED

    Joined:
    Oct 3, 2008
    Messages:
    167
    Likes Received:
    60
    Thanks for your reply! I am not planning to try and fight this at all - I am still in my right mind lol.
    The thing is - i dont mind stopping my fb services at all as long as they get off of my back, but I want to know also what information I can give them... cause them asking me to give them my client info is a bit too much, even tho i didnt even have a chance to have clients yet.
    Just want to get this over with and move on.
    would be also great if i could get my account back lol
     
  17. sippick

    sippick BANNED BANNED

    Joined:
    Oct 3, 2008
    Messages:
    167
    Likes Received:
    60
    oh, and by the way, I am just a reseller at the beginning of his venture ;) what a nice way to bring me down so fast :D
     
  18. OldSalt

    OldSalt Moderator Staff Member Moderator Jr. VIP Premium Member

    Joined:
    May 19, 2009
    Messages:
    1,279
    Likes Received:
    7,437
    Gender:
    Male
    Occupation:
    IT Sys Admin
    Location:
    US, East Coast
    Well, just because they are the 5000lb gorilla doesn't mean you can't play ball a little. The biggest thing they want is for you to stop what you are (or were planning on) doing. In fact, if you literally had zero clients, then shut the site down and give them everything that you had related to the FB venture and tell them that they contacted you before you had a chance to put it into action. BUT... leave off the other sites that you own... and of course, there are no clients to list. If you have any real clients, then I honestly would write back with what I already said but include a redacted order list - include how much each one was for, but remove the private client info from each order (make a photocopy, black out their name, any contact info, any billing and FB account info - anything that can be tied to them, and leave the rest... the date, how many likes, the $ of the order...) and then photocopy that - and send them the final photocopy... so none of what you blacked out can be read.

    If they push back from that... then you have to re-evaluate.
     
    • Thanks Thanks x 1
  19. thejake

    thejake Jr. VIP Jr. VIP Premium Member

    Joined:
    Nov 13, 2009
    Messages:
    685
    Likes Received:
    828
    I'd ignore them, you're a continent away and they'd be hard pressed to show any real damages.
     
  20. aznxmtg

    aznxmtg Regular Member

    Joined:
    Jul 9, 2010
    Messages:
    327
    Likes Received:
    48
    And that's why I stay away from Facebook.