IPOWER and Ken Silva
In an effort to gain some truthfulness in this whole ordeal between Ken Silva and Richard Abanes I contacted IPOWER to fully understand their stance on legal proceedings. During the course of my conversation about Apprising.org being removed from the web the very nice person I spoke with mentioned that IPOWER does not act on the advice of third parties in regards to the nature of any clients website. The woman I spoke with then directed me to their online User Agreement, specifically the indemnification section which states.
# Indemnification. User agrees to indemnify, defend and hold harmless IPOWER and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User’s use of the Services, (ii) any violation by User of the AUP, (iii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.
Essentially this means that IPOWER can not be held liable for any information contained on anyones website. In essence a letter served by a third party on IPOWER for a client would carry no weight and would “be disregarded as an idle threat”.
While IPOWER would not give me the specifics of the Apprising.org account the person I spoke with implicitly stated “We will not cancel or shut down any site based on the recommendation of a third party”
Perhaps we have a self created situation for publicity? I only pose the possibility; God knows the truth.
