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Hadlee Simons <hadlee.simons@memeburn.

com>

Fwd: [Case:983886] Action Required: ISPA Take-Down Notice received


against memeburn.com
Stephen Gleave - Creative Spark <stephen.gleave@creativespark.co.za>

Tue, Nov 22, 2016 at


9:08 AM

To: Andy Walker - Memeburn <andy.walker@memeburn.com>, Hadlee Simons


<hadlee.simons@memeburn.com>, Matthew Buckland - Creative Spark Interactive
<matthew@creativespark.co.za>
---------- Forwarded message --------From: Hetzner Abuse <abuse@hetzner.co.za>
Date: Tue, 22 Nov 2016 at 8:46 AM
Subject: [Case:983886] Action Required: ISPA Take-Down Notice received against memeburn.com
To: <hosting@creativespark.co.za>, <stephen.gleave@creativespark.co.za>, <carla.dossantos@
creativespark.co.za>
Dear Matthew Buckland
We have received the attached take-down notice from the Internet Service Providers 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://memeburn.com/2016/06/axl-rose-tries-remove-unflattering-photo-web/ ' 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 timeously,
informing us once you have removed the 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 would 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 Hetzners right to suspend / terminate websites that
communicate offensive / unlawful content. See https://hetzner.co.za/legal/our-hosting-terms/.
Please respond to this request by 10:00AM Thursday, 24 November 2016 to avoid suspension of your
website.
Kind Regards,
Ronelle Isaacs
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
Web: www.hetzner.co.za

Help Centre: http://www.hetzner.co.za/helpcentre/


Email Disclaimer: www.hetzner.co.za/email-disclaimer

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