Herbex – “Take Down Notice”

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Posted 10 January 2013 – updated 17 January 2013

We have received a “Take Down Notice” for this page.

In other words, Eddie Bisset (CEO) and Diane Bisset (Financial Director) of Herbex have had their lawyers (Kantor – Fialkov) contact the Internet Service Provider’s Association (ISPA) and ask them to take action against our service provider, Hetzner, unless Hetzner convinces me to remove this page. We have also subsequently received a threatening letter from the Bisset’s lawyer, M Fialkov of Kantor – Fialkov, where a number of allegations are made regarding the content of this page. 

Although we can defend the contents of our posting, we are informed that Herbex’s lawyers have threatened to take our service provider (Hetzner) to court if they they do not have the contents of this page removed. We have a range of choices to consider, but in the interim our sympathies lie with Hertzer – and therefore the contents of this page have been removed. 

It is clear that Herbex are attempting to stifle free speech, an act contrary to the Constitution. We will continue to expose the actions of Herbex and the non-science / nonsense of their products – within the parameters of fair comment and as protected by the Constitution – and within the boundaries of fair comment, i.e., not defamatory.

[note note_color=”#f4fccf”]We have received a take-down notice from the Internet Service Provider’s Association (ISPA) pursuant to section 77 of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act). We have reviewed the complaint and in our opinion it meets all of the procedural requirements set out in Section 77 of the ECT Act (See http://www.internet.org.za/ect_act.html#Hosting). 

This notice is issued when an individual alleges that unlawful activity has taken place on a web site that is hosted with Hetzner. In this instance, the notice refers to allegedly offending content located at ‘http://www.camcheck.co.za/herbex-people-behind-the-scams/’ which our records indicate as being under your ownership. Please pay particular attention to the sections entitled “Problem Activity” and “Remedial Action”. 

We are required to inform you of the take-down notice and request that you comply before end of business today, informing us once you have removed the alleged content. We will liaise with ISPA on your behalf, informing them of the steps taken. 

Since removing any content could have a significant impact on you, we understand that in certain situations this may not always be possible. As a hosting company, Hetzner does not adjudicate whether the content is offensive or not. Our role is simply to enforce the take-down request as per the ECT Act. 

We’d also like to draw your attention to our Terms of Service (Specific Terms & Conditions; Clause 3.5 & 3.6 [1]). These clauses relate specifically to Hetzner’s right to suspend / terminate websites that communicate offensive / unlawful content. See http://www.hetzner.co.za/index.php/hosting/pages/specific-terms-and-conditions/. 

Please respond to this request before the end of business today to avoid suspension of your website. 

Kind Regards,

Hetzner Abuse Department
Hetzner (Pty) Ltd  –  Winning awards since 2003
National Contact Centre:  0861-0861-08
Fax:  0861-0861-09
International: +27 21 970 2000[/note] [note note_color=”#f6fdde” radius=”4″]CamCheck posts related to Herbex


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