Member insane-topics is not trustworthy

[Corriewf]

Originally Posted by nitro

Your anaology to some other pathetic case of which I have no involvement in where as you have suggested I may have is riduclous.

With regards the TOS quote, as vb.org staff have allready participated in the thread, means it is without doubt the subject has been reviewed by them, therefore it only leaves a question in civil law as to wether the post itself is objectionable and the disclaimer is good enough in the sense to counter a continued publication of a possible prematurely slanderous post and is therefore an objectionable post.

As the TOS states they will endevour to remove objectionable posts by members, and the fact that they have participated in the thread and left it open to public veiwing and response, thereby possibly failing to act as per their own TOS impo has left them wide open to a contraversal and potentially succesful suit.

The TOS in this instance has not been adhered to, wether that be how civil law would see it is another story. How ever from what I see all that needs to be done here is prove the post is slanderous and therefore objectionable, the rest is par for the course.

I asked and yet have not been met with a proof of slander. Your posts so far have been riduclous so I responded with such. Maybe there is something wrong with your eyes because you did not read the TOS. It is quite simple.

Although the administrators and moderators of vBulletin.org Forum will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of vBulletin.org Forum, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.

Again there are two different statements being made there. To break it down for you.

1. It is impossible for every post to be reviewed.
2. All messages express the views of the Author and all liability (responsibility) is on parties involved not staff ect.


I think you should probably stick with your day job as being an internet lawyer is not your calling. You agreed to the TOS and now all liability on behalf of staff and above mentioned parties is relinquished ad infinitum. Burden of proof is a pita, especially in a Liberal court in UK.

Good luck though.....really.

[Marco van Herwaarden]

Originally Posted by nitro

With regards the TOS quote, as vb.org staff have allready participated in the thread

Staff has replied, and urged the thread starter to reconsider his wordings, and the threadstarter followed up on that.

There are some important differences when compairing vb.org with a newspaper. A newspaper is actively printing the articles, meaning they review and choose what is printed. vB.org however (like most boards, unless with full moderation) is not publicating the message, the poster is. We can only review afterwards.

Originally Posted by nitro

As the TOS states they will endevour to remove objectionable posts by members, and the fact that they have participated in the thread and left it open to public veiwing and response, thereby possibly failing to act as per their own TOS impo has left them wide open to a contraversal and potentially succesful suit.

Wrong again. We have requested to change the wording to what we think is an acceptable level (yes you can argue about that). We are no judges, and we can not judge of this still is slander or not. If the coder decides to start a lawsuite and the judge say it is not allowed, then we will have to remove it.

If we don't remove it with a courtorder, then we would be liable.

[Oblivion Knight]

insane-topics == insanctus

At least, I always thought that this was the case? I seem to remember a thread being posted months ago about it.. This all sounds very similar to the type of thing that we had happening a couple of years ago anyway.

Sorry to hear about your bad experience this time..

[msimonds]

Nitro and others you are forgetting one small item during this time of development

He, insane-topics, as the developer is supposed to deliver the final product by the deadline, FULLY tested. How is he going to know if it is fully tested by the date. He has no way of knowing that it is functioning properly. This is not just some off the shelf CMS such as VBadvanced that has tons of support. How am I supposed to know if he is going to deliver a 100 %.

During development the coder or responsible party usually delivers software packages in stages for testing or at least something to look at to make sure that I am happy with the results and that it is working as it did or designed.

So if he delivers the software package at 11:59 with all the files, how am I supposed to know if this works, I could be the developer and send you a zip file saying that work is 100% complete, would you trust me if I said it was complete. Here it is the 11th of Feb, 72 hours away from the deadline and I have SEEN NOTHING to show any sort of change on my development site

So for those of you who say that I am jumping the gun here and posting prematurely need to come to a reality and really read into this. This is not some small hack that I am asking for, this is a much more involved system that cannot just go live into a production environment when the developer says so. It needs testing and I am supposed to go live by the agreed date. Unless I am seeing something wrong with my statement then I feel that I am NOT premature in my posting. Natch and DW always sent me updates, telling or asking me if this works on my end as I wanted it designed, not how they felt it was supposed to work, that my friends is called work ethic, something that insane-topics does not have.

Once again, he did not return my phone call, did not answer any of my emails and has not been on line since the agreement has been met.

I did change my thread title, it was a little harsh. Do I still feel as if i slandered him in anyway, NO. If I am wrong, where is the developer to tell his side of the story. Or even better why has he not responded to paypal to tell his side of the story since i disputed the payment (not that I will get it back), but he is close to that cutoff date and still has not responded

Its funny how you developers come to the aid of others. If you know that you have good work ethic, do not post here to tell me that all of you have the same ethics. I do not feel as if I was supposed to warn you as I felt to the other "clients" here at vb.org and the vbulletin community. I feel ripped off and I have every right to post a warning to others about this so called developer

Regards,
Mike Simonds
Sportsrant.com

[smacklan]

Not to jack this thread, but I find the whole thing quite interesting. I posted a thread here sometime back with a warning for the community regarding a rather large commercial skin site employing, as senior staff, an individual who owns and runs a rather large warez site with massive amounts of ripped stuff from all spectrums of the forum world and beyond...even stuff from here (but not the skin site he works for :=\). I confronted this individual one night on the site he works at, presented the evidence and was immediately pounced by him and the other mods there. He had the nerve to say his warez activities were a "hobby". Of course the thread there was deleted and I was banned. So I came here to tell the story. I had screenshot evidence and still the thread here was deleted rather quickly, for what I remember to be "flaming". Could it also be because that one of the "legit" staff members of this skin site who participated in the attack on me is also a member here with coder status? This member knows of these activities and apparently condones them. I know moderating a forum this large is problematic, but it seems that claims should be given a proper review before a) allowing them to run or b) deleting them.

I won't name names or sites as I don't want to go down that road again here.

Thanks and again, sorry for the interuption.

[Gio~Logist]

Originally Posted by smacklan

Not to jack this thread, but I find the whole thing quite interesting. I posted a thread here sometime back with a warning for the community regarding a rather large commercial skin site employing, as senior staff, an individual who owns and runs a rather large warez site with massive amounts of ripped stuff from all spectrums of the forum world and beyond...even stuff from here (but not the skin site he works for :=\). I confronted this individual one night on the site he works at, presented the evidence and was immediately pounced by him and the other mods there. He had the nerve to say his warez activities were a "hobby". Of course the thread there was deleted and I was banned. So I came here to tell the story. I had screenshot evidence and still the thread here was deleted rather quickly, for what I remember to be "flaming". Could it also be because that one of the "legit" staff members of this skin site who participated in the attack on me is also a member here with coder status? This member knows of these activities and apparently condones them. I know moderating a forum this large is problematic, but it seems that claims should be given a proper review before a) allowing them to run or b) deleting them.

I won't name names or sites as I don't want to go down that road again here.

Thanks and again, sorry for the interuption.

Coders do not have the ability to delete threads.

[smacklan]

Originally Posted by gio~logist

Coders do not have the ability to delete threads.

I didn't say they did, but some here have influence. I'm not saying that is the reason, but the comparison between this thread and mine is stark imho. Perhaps I should have reworded that part because I don't want to make accusations that I can't prove.

[peterska2]

Adding my $0.02 here (and briefly too at that!).....

As has been said again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again, and again (get the picture?)

Don't pay before the job has been done, tested, and fixed. Most coders work by this rule. Some do ask for something up front, but I'd be wary at more than 10%.

I've experienced this on both sides of the coin. I've been ripped off for $200 by someone doing a job for me when I first started out, I've completed a full job for someone who never paid me ($500), I've sent a 50% status report for someone who was due to pay me 50% at that point who I never heard from again ($400), I've had coders and clients suddenly stop communicating with me after agreeing a job.

And with contacting, even though I have clients worldwide so timezones are always a pain, I answer my phone or my cell whenever it rings day or night, and if there is an urgent problem I deal with it right away.

You've possibly been ripped off. There's not a thing you can do about it. Go and punch a pillow while screaming, then come back chilled out and learn from it.

[cleck673]

Mike,
He got me too!

1-25-06 - I made an agreement via email, from an ad I placed in the Vbulletin.org forums, for this person to do some custom web programming for me. He quoted me $150. I paid 1/2 down with this transaction in good faith. The timeframe agreed upon in the deal was 1 week. 2 days go by and I got a PM on the forums that said he was progressing well. 3 days later no updates from him so I start PMing and Emailing him for status. A couple days later ( 2-4-06), I get an email stating that his PC was messed up and he should have something in a couple days. I have not heard back since then. On 2-6-06, I sent an email stating that this has been long enough, and if I didn't here back soon, I would be reporting him and finding a new programmer. No response. 2-9-06, I sent an email stating that he had 24 hours to refund my $75 paypal payment or I would continue with the report to vbulletin.org and paypal. Today is 2-11-06 and I am moving foward. I request a reversal of charges.

I posted the above reply and like many, I didn't read the thread prior to posting. Now I have read the thread, I can not believe the grief given to Mike about this. Of course, I sympathize with him since the same guy got me too.

I have filed with Paypal and have a letter drafted ready to send to his local authorities when I find the info.

[msimonds]

Originally Posted by peterska2

You've possibly been ripped off. There's not a thing you can do about it. Go and punch a pillow while screaming, then come back chilled out and learn from it.

Duh and what higher you!!!


Now I am learing that he also screwed another member here

Originally Posted by cleck673

Mike,
He got me too!

1-25-06 - I made an agreement via email, from an ad I placed in the Vbulletin.org forums, for this person to do some custom web programming for me. He quoted me $150. I paid 1/2 down with this transaction in good faith. The timeframe agreed upon in the deal was 1 week. 2 days go by and I got a PM on the forums that said he was progressing well. 3 days later no updates from him so I start PMing and Emailing him for status. A couple days later ( 2-4-06), I get an email stating that his PC was messed up and he should have something in a couple days. I have not heard back since then. On 2-6-06, I sent an email stating that this has been long enough, and if I didn't here back soon, I would be reporting him and finding a new programmer. No response. 2-9-06, I sent an email stating that he had 24 hours to refund my $75 paypal payment or I would continue with the report to vbulletin.org and paypal. Today is 2-11-06 and I am moving foward. I request a reversal of charges.

I posted the above reply and like many, I didn't read the thread prior to posting. Now I have read the thread, I can not believe the grief given to Mike about this. Of course, I sympathize with him since the same guy got me too.

I have filed with Paypal and have a letter drafted ready to send to his local authorities when I find the info.

Now this has to suck, I had been thinking that he had done this in the past to others, but not to someone who I actually knew. If you want to team up on this, let me know man

Originally Posted by cleck673

Mike,
He got me too!

1-25-06 - I made an agreement via email, from an ad I placed in the Vbulletin.org forums, for this person to do some custom web programming for me. He quoted me $150. I paid 1/2 down with this transaction in good faith. The timeframe agreed upon in the deal was 1 week. 2 days go by and I got a PM on the forums that said he was progressing well. 3 days later no updates from him so I start PMing and Emailing him for status. A couple days later ( 2-4-06), I get an email stating that his PC was messed up and he should have something in a couple days. I have not heard back since then. On 2-6-06, I sent an email stating that this has been long enough, and if I didn't here back soon, I would be reporting him and finding a new programmer. No response. 2-9-06, I sent an email stating that he had 24 hours to refund my $75 paypal payment or I would continue with the report to vbulletin.org and paypal. Today is 2-11-06 and I am moving foward. I request a reversal of charges.

I posted the above reply and like many, I didn't read the thread prior to posting. Now I have read the thread, I can not believe the grief given to Mike about this. Of course, I sympathize with him since the same guy got me too.

I have filed with Paypal and have a letter drafted ready to send to his local authorities when I find the info.

This is funny Chris, I FINALLY got an email from him after I did not stop bugging his wife/girlfriend on the phone (talked to her 3 times and he is always gone)

Originally Posted by insane-topics

had a pc issue that messed up my connection and half of my files, so far the CMS is all done. And ported over the work I had done on the gallery got lost in the mix, so I have to redo it.

Originally Posted by insane-topics

In no way was I trying to vanish or avoid, I had attempted a few emails but is seems as though the firewall had been blocking them as well.

I like the highlighted statement, his own firewall was ALL OF a sudden, blocking his outgoing emails and you would think that he would come up with another excuse for other clients, or should i say victims