TBS Cigars

**hex1848** · 12-21-2005, 09:38 AM

I'm going to remove the posts in question, mainly because I dont have the time to deal with this BS. But I thought the community would like to know why.

12-21-2005 2:46am EST

Dear Admin,

I've sent you a few "PM" notices and have not received a response. It's before a holiday, so I can imagine you are busy as well. In respect, this email is not meant to be rude, but it is to the point. There is a situation on your forum that needs resolved immediately. I have not had a response from reporting the foul postings through the forum links.

(once case)
http://www.cigarsmokers.com/showthre...1588#post31588

Should this slander continue, I will have to seek legal action. Your own policy states that "This is not the place to express derogatory views or remarks". However it still continues after notification.
http://www.cigarsmokers.com/t2170-ra...tatements.html

In Section 2(ii) of your domain/hosting agreement with GoDaddy.com it clearly states the following:
"You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;"
Your site can be suspended for violation of said policy.
His posts are abusive, obscene, vulgar, defamatory and harassing.

While he may be entitled to his opinion of a retailer. Posting sladerous remarks and foul name calling is crossing the line.

Hosting such a thread can lead to legal troubles for your site from other retailers as well. If you are a business owner, you know as well that you can't even give someone a bad job reference comment with the possibility of being sued. While you cannot be held liable for content on your site initially, you are responsible if the said content is not removed after notification of such activity. Your legal advisor can give you more information pertaining to the laws.

Please remove the slanderous posts from CoventryCat86 in reference to me and my company. I can care less if you do anything or not to the guy, as he is more trouble than he is worth. Now he starting to pick on Shakespeare cigars.
http://www.cigarsmokers.com/showthre...1548#post31548

The slanderous remarks are going to stop, be removed, or we will have our attorneys make this an unpleasant holiday season for those individuals who continue to act in such a discriminatory manner. It will involve CigarSmokers.com owner and administrators for allowing the activity to persist without intervention by the site owner(s) and adminstrators of the site. Please advise as to how the situation will be handled. If there is not a response to this situation within a couple days, I will be forced to persue legal action.

Thank You,
Eric
TBS-Cigars.com

**Shagaroo** · 12-21-2005, 09:42 AM

How absolutely classless. "Wah, make the bad man stop." I hope you are planning on banning this clown, end every TBScigars account he created here.

**hex1848** · 12-21-2005, 09:43 AM

Actually, before I remove these posts, I'm going to do a little research myself. There is a thing in this country called freedom of speech. Ask Fidel how that works, ohh yeah....

Any of you lawyer types care to give us some feed back?

**Kayakinboy** · 12-21-2005, 09:47 AM

What about the freedom of speech? So you telling me if someone posted "Kayakinboy is an asshole" then I could call my lawyer (I do have one) and he could contact Hex and say, take it down or else? Wow, I'll make sure every other cigar board here's about this...

**Kayakinboy** · 12-21-2005, 09:49 AM

Hex, While I'm not a lawyer, I think he's BS-ing you. And also why does this even matter on his radar. Other sites have trashed retailers, like TWCigars and all he does it tell the admin to make me stop, not get a lawyer.

I don't think he has a snowball's chance in hell, and TBS-cigars has really shown there colors...

**Shagaroo** · 12-21-2005, 09:51 AM

Oh, and for the record TBS...

slan·der Audio pronunciation of "slander" ( P ) Pronunciation Key (slndr)
n.

1. Law. Oral communication of false statements injurious to a person's reputation.

Perhaps you should save the big boy threats for people that actually know what they are talking about. Slander is verbal, not written.

**Lopaka** · 12-21-2005, 09:52 AM

Dear Board Admin,

I run my own board and I want to sell my cigars on your site. Please make everyone stop makeing fun of me and telling the truth about who I am and what I do on my site or I will threat you with legal troubles. Your site is under my control.

B.S. Cigars

**Drake** · 12-21-2005, 10:00 AM

i say ban him

**Kayakinboy** · 12-21-2005, 10:02 AM

go sell the swill at clubstogie.com.

**Shagaroo** · 12-21-2005, 10:09 AM

TBS cigars has opened at least 2 accounts here at CSmokers. This is a clear violation of board policy. TBS likes to quote board policy and threaten members and Hex, but he doesn't appear to care to follow those rules himself. Clearly his posting privileges should be suspended.

http://www.cigarsmokers.com/member.php?u=986 Join Date: 12-18-2005
http://www.cigarsmokers.com/member.php?u=291 Join Date: 05-05-2005

He also claims in this thread LINK that he had just found CSmokers. Looking at his two join dates, that is clearly not accurate. He is in no way beneficial to this community and, again, should be removed immediately.

**grand cru no 2** · 12-21-2005, 10:11 AM

Remove the posts in question if you feel it's the best way to cover your ass but definately pin this thread. After reading this, I don't think anyone will need to "slander" TBS-Cigars.com.

This demonstrates that they are exactly the type of people Bill "accused" them of being and anyone that has standards for those they choose to patronize will not be doing business with them.

TBS-Cigars.com gets a personal rating of 0 from me!

Now, Eric of TBS-Cigars.com, the above rating is a PERSONAL OPINION and NOT slander! Ask your lawyer, he will tell you so.

**Shagaroo** · 12-21-2005, 10:28 AM

One last thing. What about all that he posted about Bill ordering cigars from him then his trying to intimidate Bill by posting his family's information on the internet. What does your lawyer think about that TBS?

http://www.cigarsmokers.com/showpost...5&postcount=36

**Shagaroo** · 12-21-2005, 10:42 AM

Hex, don't worry about people gettin' pissy about stuff getting deleted. It's Christmas. Who wants to deal with a hypocrite throwing a fit because he can't get away with being a bully and insulting people on someone else's board. Just make sure you delete EVERYTHING he has posted and ban him. We don't want him getting free advertising on such a horrible site.

**BigMacFU** · 12-21-2005, 10:47 AM

Wow, Hex, what a jerk. BTW, freedom of speech goes by the way side when contracts are entered into if there are provisions providing for specific types of censure being allowed. That being said, go

yourself TBS-Cigars.

**ggiese** · 12-21-2005, 11:05 AM

Eric - you go spend money on an attorney to represent you. And I'm sure he'll write a REAL nasty letter to Hex about why the "slander" about you should be IMMEDIATELY removed from the board. That oughta cost you about $100 (if you're lucky).

Nothing that CC wrote about you could possibly make up for the damage to your reputation you caused yourself. Your reputation is done on this board - by your own hand, with your own arrogance and rudeness. You have demonstrated yourself to be someone I would never have any reason to patronize. And from the comments of other members here, I'd say you haven't made very many friends... This most recent e-mail to Hex continues to be a further demonstration of your retailing prowess...

You, yourself, came into the site and subjected yourself to public scrutiny. No one enticed you here - no one encouraged you to come here - no one promised you anything by coming here. You drew criticism based upon YOUR actions on this board. You are not a paid advertiser, and are instead a nothing more than a member of this site. You are not entitled to any special privileges or treatment. If what you say is true (that post made against you are "abusive, obscene, vulgar, defamatory and harassing."), you too are at least guilty of the defamatory, harassing and abusive posts. You can't call the kettle black, my friend. And add "deceptive" to the list of your transgressions.

And clearly you do not understand the definition of "abusive", "obscene", "vulgar", "defamatory" and "harassing". While YOU may view them that way, the community standard would not view them as such. While the Puritans would view CC's posts as "obscene" and "vulgar", I think you'd be hard pressed to locate any other group in the US that would view it that way...

If what YOU say is true - then I can also make a case against Hex and this site for the "abusive", "obscene", "vulgar", "defamatory" and "harassing" posts I'VE been subjected to in the past. There are a number of us on this site who could also make a case. Thankfully, the law views things quite a bit differently than YOU do. You can't just come into a Internet bulletin board site and claim legal protections. You have to PROVE there was injury due to what CC said about you (above and beyond what you did to yourself). I doubt you'd be able to convince ANY trier of fact you were harmed by the exchange with CC. Your attorney may take your side in this matter (after all, he's paid to do that), but I have to tell you - push come to shove - you'd find yourself on the outside looking in if you were to try and pursue legal action against Hex. Thankfully Eric's not an attorney - or our legal system would be flooded with frivolous, nonsensical lawsuits.

Bottom line - if you don't like it, get the F#$% out!!!

Hex - I don't even think we need to start the banning poll with this one. This is getting ridiculous and any further posts by this guy MAY subject you to further legal action (just remember - you can be sued at any time, by anyone for any reason - don't live your life like you don't want to be sued). It's your site, and you don't need to be subjected to this kind of misuse of the legal system by someone who THINKS he's right.

**SuperChuck** · 12-21-2005, 11:31 AM

Slander?

First off, it's libel when it's written, but that's a whole different issue.

Slander and libel only apply to untrue statements, not a statement of opinion.

For example, if I were to say "Walmart sucks, their prices are too high", which is a statement of opinion, and perfectly legal to say.

If I were to say "Walmart sucks, they use Chinese slave labor to manufacture their products", that would be libel. I would be using a falsehood to make Walmart look bad.

If a member said something like "SuperChuck is selling Swisher Sweets as Opus X -- DO NOT BUY" and it's untrue, THAT would be libel. If a member said "SuperChuck is a big fat jerk and he's ugly, don't buy his cigars", that would NOT be libel, as all those atatements are indeed true.

**Lopaka** · 12-21-2005, 11:34 AM

Originally Posted by SuperChuck

If a member said "SuperChuck is a big fat jerk and he's ugly, don't buy his cigars", that would NOT be libel, as all those atatements are indeed true.

BASTAG, I put a lot of good coffee on the monitor after reading that one....

then had to wait until I stopped laughing to clean it up!

bigpoppapuff · 12-21-2005, 11:41 AM

as of one minute ago.....

Most users ever online was 377, 03-23-2005 at 11:31 PM.
bigpoppapuff, Baron Porthos, da klugs, Drake, hex1848, Lopaka, Roham, rpb67, SuperChuck, TBScigars......

ahem......