I keep getting 'unsubscribe' emails.

[incka]

I have absolutly no membership features on my site, yet I keep getting emails from people asking to unsubscribe this week. It's never happend before. Here is a selection of them:


I signed up for your site, looking for a good gaming channel. I don't like this one I would like to cancel my subscription.
Donna Jones
Dlinn5@aol.com
570-825-3819
4-8-04



Please cancel my membership to Games2Go as of 4/7/2004

Ettie J. Reece





I AM CANCELING MY MEMBERSHIP.



I thought this sight was for PDA games. Please refund my account.
esantelmo@aol.com

Erica Santelmo





I have replied to all these people saying I do not know what they are talking about and can they please include a URL of the site they signed up to and other details so I may pursue legal action against the site. I haven't got a single reply.

It might be just a hoax but I am getting worried. Does anyone know what I should do?

[michael_gersitz]

LoL, thats pretty wierd...

[incka]

I know. I want to take legal action.

[Mike]

I'm sure there's no need to do that, for all you know theres probably nothing wrong and it's a hoax.

[michael_gersitz]

Maybe they are from your sister.

[incka]

She can't type. She was asleep when that happend...

I got another one today, with a pig-pink background:


How do I cancel this subscription?

[Westech]

Do you have any new advertisers that might have used your site's name get people to sign ujp for a mailing list?

Have any of them these people responded with where or what they signed up with? That's the way you'll need to find out what's going on.

[incka]

Well it looks like they paid money. I haven't had any responces.

[incka]

I've got a reply:


The web site address is www.allgamenetwork.com. There is a 30 day trial. Well, I tried it and did not particularly care for it. The charge is $2.42/month in which I do not want to be taken from my credit card. When attempting to cancell, it gave your e-mail address.


What should I do. They are just copying my site and selling the things on and using my email address. I consider this a serious breach of copyright and misinformation. Should I contact a lawyer?

[MarkB]

Can you afford a lawyer?

[MarkB]

Looking at their site, they not only lie about the monthly charge (although they do have some fine print), they also don't provide a secure page for payments.

[incka]

I have drafted my own letter, do you think this is ok:


Dear AllGameNetwork.com:

It has come to my attention that you have made an unauthorized use of Incka Limited's copyrighted work entitled Games2Go.co.uk (the "Work") in the preparation of a work derived therefrom. Incka Limited has reserved all rights in the Work, first published in 2001, and under United Kingdom law the work is copyrighted. Your work entitled AllGameNetwork.com has essentially identical works within and clearly used the Work as its basis.

Examples of copyrighted work can clearly be seen on AllGameNetwork.com's homepage.

As you neither asked for nor received permission to use the Work as the basis for Games2Go.co.uk nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by 25th April 2004 indicating that you have fully complied with these requirements, I shall take further action against you.

Futhermore it has come to my attention that you are using Incka Limited's email address as an unsubscribe email address for users who do not wish to carry on with the 30 day service. As I, or anyone at Incka Limited, do not have access to stop payment what you are doing constitues fraud. Incka Limited requires proof within the period of time you are given to stop your copyright enfringement that this is nolonger that case or we will take further action against you.

Very truly yours,

Sean Spurr,
Managing Director,
Incka Limited

[MarkB]

Send a copy to their host as well. Oh, and if you can, find out who their card processor is and tell THEM what's happening (particularly the fraud aspect).

Write up a form letter to send to anyone emailing you asking for a refund. Make it professional, and state exactly what's happened and suggest they contact their bank or credit card company to make a charge back of any charges to your card.

[incka]

I'm going to change it to 48 hours.

Any other advice?

[incka]

I've sent the email. I'm unsure that the WHOIS data is accurate. This is the WHOIS:


Domain ID: D4555685-CONE
Domain Name: allgamenetwork.com
Domain Name IDN: allgamenetwork.com
Creation Date: 2004-03-30 18:11:27 UTC
Expiration Date: 2006-03-30 18:11:32 UTC
Last Modification Date: 2004-03-30 18:11:27 UTC
Sponsoring Registrar: CORE-95
Created by: CORE-95
Updated by: CORE-95
Last Updated By Registrar: CORE-95
Registrant ID: COCO-4555684
Registrant Name: All Game Network
Registrant Organization: All Game Network
Registrant Address: P.O. Box 356
Registrant City: Boston
Registrant State/Province: MA
Registrant Postal Code: 02215
Registrant Country: US
Registrant Phone Number: +1.2125550676
Registrant Email: support@allgamenetwork.com
Admin ID: COCO-4555684
Admin Name: All Game Network
Admin Organization: All Game Network
Admin Address: P.O. Box 356
Admin City: Boston
Admin State/Province: MA
Admin Postal Code: 02215
Admin Country: US
Admin Phone Number: +1.2125550676
Admin Email: support@allgamenetwork.com
Tech ID: COCO-68844
Tech Name: Fast DNS
Tech Organization: FastDNS
Tech Address: 4 trefoil drive
Tech City: Trumbull
Tech State/Province: CT
Tech Postal Code: 06611
Tech Country: US
Tech Phone Number: +1.2034457770
Tech Email: reg@fastdns.net
Zone ID: COCO-68844
Zone Name: Fast DNS
Zone Organization: FastDNS
Zone Address: 4 trefoil drive
Zone City: Trumbull
Zone State/Province: CT
Zone Postal Code: 06611
Zone Country: US
Zone Phone Number: +1.2034457770
Zone Email: reg@fastdns.net
Name Server: ns1.webcontrolcenter.com
Name Server: ns2.webcontrolcenter.com

Database last updated on 2004-04-11 13:44:00 UTC

CORE - [Internet Council of Registrars]

[mobilebadboy]

They're running Adwords too, because their ads are showing up in the same places mine are. So it seems they're only spreading the problem. I'd try to get it taken care of asap.

[incka]

Originally posted by mobilebadboy
They're running Adwords too, because their ads are showing up in the same places mine are. So it seems they're only spreading the problem. I'd try to get it taken care of asap.


Please give me more information about the advertisement, a screenshot, search terms, etc. I might need them if this does go to court.

[mobilebadboy]

Too many places to make screenshots and whatnot. I'll link a few places they're showing up.

http://www1.shopping.com/xGS-Card_Game_Video~NS-1~linkin_id-3054683
http://www.alltheinternet.com/texis/open/all?ss=a&q=gin%20card%20game
http://www.mywebsearch.com/jsp/GGmain.jsp?st=bar&ptnrS=ZNxdm021&searchfor=download+free+war+games
http://aolsearch.aol.com/aol/search?encquery=55A7AB6294235E8F7B78FFBAB2A68A72C1 9B26603B1DE75C&invocationType=keyword_rollover&ie=ISO-8859-1

Might refresh if you don't see them. They show up on many websites too (like this one (http://www.classicgames.us)). They have themselves marked as an affiliate "aff".

[incka]

Thank you.

I have sent the following email to people who have emailed asking to unsubscribe:


Dear reader,

AllGameNetwork.com has fraudulently used my content and my email on their site. They also have no means for you to unsubscribe as far as I am aware. I have sent them a ceast and desist letter and if they do not reply by 15:00 GMT on the 13th April 2004 I will take further action against them.

All the content of my site, Games2Go.co.uk, which is completly free, has been used on there site without permission.

Please contact your credit card companies and get the to dispute any payments and gather information about them that you can pass on to me. Also please send me any information about them you have, such as screenshots of the member area, screenshots of the unsubscribe page, information on how you found the site, etc.

Please also do not break contact with me. I will be setting up a forum for you to contact me and other victims of this fraud. Any information you can provide me will help shut down this site and get your money back if this goes to court.

Thank you,
Sean Spurr,
Managing Director,
Incka Limited.

[incka]

I am not seeing their ads. I think they must use geotargetting. Please can someone provide screenshots.

[mobilebadboy]

Save it, so I can delete it. http://cosmicarcade.com/allgame.gif

All their ads point to http://www.allgamenetwork.com/index.cfm?RefID=aff244

[incka]

Thank you. I've saved it. I will check out the affiliate thing.

[incka]

I've managed to log in using the email address of someone who sent me an unsubscribe letter: Berrykim7@aol.com

The games just link to my site.

[thebillionaire]

Not only are they charging the users for online games, but they are charging them for game that aren't there games. There linking them to your site, and the games from your site is linked to miniclip.com and other game sites. Miniclip is a big company you should advise them.

[incka]

Perhaps contacting miniclip would help...

[MattM]

Did you ever receive a reply?

[incka]

No.