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If You’re Thinking About Suing Report My Ex, Read This

Due to an apparent lack of knowledge surrounding the laws that govern the operations and management of interactive websites, we felt it important to provide you with information regarding said laws. It is very important that you understand the laws and rights of this site, it’s operators, it’s posters and yourself. If you are not 100% knowledgeable of these laws and rights for everyone involved, we recommend that you read this before spending money with an attorney so that he/she can educate you on these laws for your first few hundred dollars of billing. As well, if you have an issue with something that has been posted about you on this site, our recommendation is that you take it up with the poster. If you feel that they have committed defamation, libel, slander, etc.; your issue is with the poster, not us. Please read this, and the attached links herein, before pursuing legal action against this site.

1. Intro

If you aim to send us a notice, file a claim (or suit), or a demand, we hope that you find the necessary information within this page to help you understand exactly what you are getting into. You need to understand your rights, our rights, as well as the rights of the people who post reports on this site. Threats against our site and the operators of the site are not effective. Threats, or any legal actions against the site will not be effective in the removal of any reports and/or posts.

2. Our Policy: Removal of Reports, Comments, Posts and/or Topics

First, let us address the main issue at hand. We do not remove reports, comments, posts and/or topics. These will not be removed even if the statements are claimed to contain defamatory allegations. We will not remove them, even if the original author requests it. We provide other means for the original author to rectify his/her original statements.

Here is our reasoning behind this policy:

• Censorship is too common in our country as it is. We will not promote censorship on the internet.
• People have a right to research an individual before interacting with them. By removing a report, comment, post and/or topic, we are hindering that right of the individual that is researching an individual.
• If an individual rectifies a report, comment, post and/or topic, then let it be shown in the report, comment, post and/or topic. By removing it, we only “hide” possible patterns made by the individual and potentially allow more damage to be done. Our purpose is to prevent people from being taken advantage of by individuals whom constantly make unethical decisions. .
• If we remove reports, comments, posts and/or topics, then individuals will be aware that if they apply the right amount of pressure to the individuals whom have provided our users with this information they may have a chance at getting the report, comment, post and/or topic removed. This is not an ethical way of solving the problem.
• By not allowing the removal reports, comments, posts and/or topics we take away the leverage that a reported individual has against threats towards a person who posts. You cannot threaten someone to do something that they do not have the ability to achieve.

3. The Laws You Need To Know – Defamation & The Communications Decency Act

Because we will not remove reports, some individuals may want to sue us based on the content which our users have created and posted. If you are considering suing ReportMyEx because of a report which you claim is defamatory or untrue, you should be aware of the laws. Lawsuits attempted under this pretense violate our rights. We have the right to allow individuals to share their stories and/or opinions in the form of reports, comments, posts and/or topics on our site. This is mandated by a FEDERAL LAW, which is called the Communications Decency Act or “CDA”, 47 U.S.C. § 230. If you are not aware of this law, please click the link provided which will explain this law in more detail. This is an important law which protects us from your lawsuits. You should also be aware that this falls under “frivolous lawsuits”,, and we will respond accordingly by demanding our attorney’s fees as well as damages be compensated by you. Furthermore, you will not win a suit against us, as we are protected by this Federal Law.

You can view Wikipedia’s article which explains the Communications Decency Act or “CDA”, 47 U.S.C. § 230 by clicking here.
In short, the CDA provides that when a user writes and posts material on an “interactive website” such as ReportMyEx, the site itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, “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.” The only case in which we would be held liable is a case where we were to edit a report to change its overall nature of meaning. We do not edit any reports, except in some cases of vulgar language. We do not change any words when doing these edits (we may use asterisks to “bleep out” the vulgar language).
Because the reports, comments, posts and/or topics on ReportMyEx are authored and written by users of the site, we cannot be legally regarded as the “publisher or speaker” of the reports, comments, posts and/or topics within the site, therefore we are not liable for reports even if they contain false or defamatory information. The same law applies to sites like MySpace, Facebook, Wikipedia, CraigsList, and major news publications – the users who post reports, comments, posts and/or topics on these sites are, in fact, responsible for what they write, however, the operators, owners and editors of the sites are not.
For more information about Section 230 of the CDA, please click here.

The bottom line:

If someone posts reports, comments, posts and/or topics about you and you feel that they are defamatory or false, the CDA disallows you from holding us liable for the reports, comments, posts and/or topics that others have written. You can always sue the author, however, we also reserve the right to privacy for all of our sources (authors) of reports, comments, posts and/or topics. This means that we will not produce the name and/or contact information of an anonymous author.

4. Settling a lawsuit and our right to seek financial compensation for repayment of our legal fees as well as damages.

WARNING FOR THOSE WHO DISREGARD THE LAWS:

Understand that we will not settle out of court without first obtaining a repayment of our legal fees as well as damages. We will not allow you to change your mind in the middle of a lawsuit against us and walk away free and clear. If you choose to disregard the laws that protect us, we will not settle without compensation for our legal fees and damages. Furthermore, if you do not settle the case with us under these guidelines and decide to see it to the end, once we have won the case, we reserve the right to countersue for damages incurred during the case. Also, being that the case will be public record we will also share all allowable information regarding the suit to all major news and media companies. This means that if your goal is to shut us down based on “stress factors”, it will not work. We will forward all information to all the news publications and broadcasting companies so that they may expose your extortion efforts to the general public.

5. Request for removal of report, comment, post and/or topic by original author.

This will not be entertained. ReportMyEx does not remove reports, regardless of the request or demand. Here’s some of the reasons why.

• If someone claims to be the author, we have no way of knowing with 100% surety that this person is, in fact, the original author.
• Our policy is very clear: “By posting this report, comment, post and/or topic, I attest this report, comment, post and/or topic is valid. I am giving ReportMyEx irrevocable rights to post it on this web site. I acknowledge that once I post my report, comment, post and/or topic, it will not be removed, even at my request. I can, however, always update my report, comment, post and/or topic to reflect new information by clicking on REPLY.” – This is a very clear policy.
• The other reasons can be read under “Section 2” of this page.

6. If you have been reported on our site, here are your rights that will cost you nothing.

Although we will not remove a report, comment, post and/or topic you still have rights and recourse. This is a big misconception with people that have been reported on our site. You always have the right to reply to the report, comment, post and/or topic explaining your position and opinion. We do not charge you for this option and any report, comment, post and/or topic will be given the same privacy and retention policies that we give to the original author(s).
Also, keep in mind that if you communicate with the author through our site, you may be able to rectify the situation that occurred which gave the original author such a bad taste about you. This is a great way to resolve the reporter’s issue(s) and come to a solution. The beautiful factor in all of this is that it will occur directly in front of others, so that they may see that you are an individual who cares about what other people think. This is an excellent way to turn a negative into a positive. Once you have rectified the reporter’s concerns, we recommend that you request (from the original poster) a reply regarding the rectification of the situation. If you have already made things right with the individual, you should also reply with details on how you solved the situation, so that other people can feel comfortable with you.
If you think that a report is false, you should always reply with a request for the original author to back up his/her claims against you. Most of the people who make these claims frequently check their report, comment, post and/or topic to ensure that it has retained its place on the site, as well as to see if you have responded.
Just remember that whether or not you choose to reply to any report, comment, post and/or topic the CDA offers us immunity and you do not have the ability to hold ReportMyEx liable for any of the reports, comments, posts and/or topics by our users.

7. How do I find out who posted information about me and sue them?

ReportMyEx complies with all valid subpoenas issued to the company. Our subpoena policy is listed here: http://www.reportmyex.com/privacy-policy/. There are attorneys experienced in Internet defamation that can help you. Although we do not endorse specific attorneys, http://www.reputationlawyer.com is an example of a firm that can provide assistance in obtaining identifying information and a court order against the person who posted the content. They also provide assistance in removing defamatory content from the Internet generally.