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Phuck Photobucket

by Charles Carreon
July 13, 2012

If you have a "controversial" message to distribute, don't waste your time with Photobucket. Check out this exchange, which followed the cancellation of my Photobucket account after a couple of days of activity, insitigated by the Inman mob. Free speech is only for "artists," I guess.

support@photobucket.com
to me

Unfortunately your account has been banned because it violated our terms of service. These terms apply to both free and premium accounts.

Admin

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Support,

What TOS do you contend it violated?

Please refund my payment.

Thank you,

Charles Carreon

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Abuse, Jul 11 03:18 pm (MDT):

Hello there.

Your account contained images which violate our Terms of Use. These Terms apply to all users regardless of the Public/Private setting of the account. When you created the account, you agreed to abide by these terms and we clearly explained the consequences of violating those terms.
 Photobucket.com attempts to maintain a website that is absent of offensive, indecent or objectionable content. That is our general policy and your images were removed in accordance with that policy. The Photobucket.com Terms of Use, found at http://www.photobucket.com/terms, reflect that policy by giving Photobucket the right to remove content that, among other things, (a) it deems unlawful, obscene, harmful, threatening, defamatory, or hateful; (b) invades the privacy of any third party; (c) contains nudity, illustrated nudity, pornography, illustrated pornography, child erotica, or child pornography; or (d) Photobucket deems otherwise objectionable.
Also, our terms of use does state that if accounts are banned, refunds will not be available.

Thank you.

Photobucket Support

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Support:

That's not true.
There is nothing in the video that violates the terms of service. If that's your only excuse, please turn the account back on.

Regards,

Charles Carreon

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Abuse, Jul 11 03:36 pm (MDT):

The video was reported at least 100 times by multiple people this morning for harassing an artist. Upon further investigation the content was removed. Invading a third parties privacy is a violation of our terms of use. The account must remain banned.

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Support:

The fact that you received complaints doesn't mean that the TOS were violated. There is nothing "harassing" about the video, and "artists" don't have a special privilege to censor speech. I used Photobucket precisely because I believed you would honor your TOS, and instead, you are breaching them.

Additionally, please forward me the complaints you say you received.

Thank you,

Charles Carreon

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Abuse, Jul 11 03:49 pm (MDT):

As you know, pursuant to the Terms of Use, Photobucket has the right to remove any user content for any reason. Photobucket does respect freedom of expression and this by no means indicates that Photobucket censors images that are generally of a religious or political nature. We encourage use of the site for many purposes, including a robust and open debate about political matters. However, as a private corporation, we are not legally bound by the First Amendment and may occasionally decide to remove pictures or videos that we deem objectionable.

We will not be providing you with the reports. The video you posted had someone's name posted, without permission. This is considered invading a third parties privacy and is a violation of our terms of use.

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Photobucket:

I'm well aware of what the First Amendment means, but there is nothing in your TOS that says a video may not refer to anyone by name. Everyone has a name, that name is public, and their privacy is not invaded by using a name that everyone knows already. No personal information was posted. So you are just inventing excuses to justify a breach of the TOS.

When do I get my refund?

Regards,
Charles Carreon

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At this point, the exchange becomes circular:
Abuse, Jul 11 03:59 pm (MDT):
The Photobucket.com Terms of Use, found at http://www.photobucket.com/terms, reflect that policy by giving Photobucket the right to remove content that, among other things, (a) it deems unlawful, obscene, harmful, threatening, defamatory, or hateful; (b) invades the privacy of any third party; (c) contains nudity, illustrated nudity, pornography, illustrated pornography, child erotica, or child pornography; or (d) Photobucket deems otherwise objectionable.
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