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Penalty Charges have had to temporarily close whilst an issue with their hosting providers is sorted out. This may mean court battles and we will support Stephen in any way we are able.
Relevant part of T&C's
Stephen Hone/Penalty Charges
27/10/2008
Dear Stephen
It has recently come to our attention that your web site http://www.penatlychargesforum.co.uk appears to offer advice and
seems to encourage the borrowing of money from companies without the intention of repaying it.
The nature of borrowing money with the intention of never repaying is viewed as deception, and is a clear breach of
s.15 of the Theft Act 1968.
Here are some links of examples
http://www.penaltychargesforum.co.uk...ad.php?t=45733
http://www.penaltychargesforum.co.uk...t=payday+loans
For example this link http://www.penaltychargesforum.co.uk...t=payday+loans
shows one of the forum users telling someone to cancel their direct debits and change their contact numbers to avoid
contact.
These people are freely admitting that they cannot afford to borrow the money, but borrow it anyway, then openly
use tactics they have learned from each other to avoid repaying.
This is not only a breach under s.15 of the Theft Act 1968 but is also a breach of our Terms and Conditions of service s.
4.3 to include s.4.3.4 and s.4.3.5
We hereby suspend your hosting and put you on notice to take action and to immediately remove all references to
these kinds of activities and any forums relative to these activities and actions.
Our terms and conditions are attached.
Kind Regards
Carl Fearby
Managing Director
Paper Hat Creative Limited
27/10/2008
Dear Stephen
It has recently come to our attention that your web site http://www.penatlychargesforum.co.uk appears to offer advice and
seems to encourage the borrowing of money from companies without the intention of repaying it.
The nature of borrowing money with the intention of never repaying is viewed as deception, and is a clear breach of
s.15 of the Theft Act 1968.
Here are some links of examples
http://www.penaltychargesforum.co.uk...ad.php?t=45733
http://www.penaltychargesforum.co.uk...t=payday+loans
For example this link http://www.penaltychargesforum.co.uk...t=payday+loans
shows one of the forum users telling someone to cancel their direct debits and change their contact numbers to avoid
contact.
These people are freely admitting that they cannot afford to borrow the money, but borrow it anyway, then openly
use tactics they have learned from each other to avoid repaying.
This is not only a breach under s.15 of the Theft Act 1968 but is also a breach of our Terms and Conditions of service s.
4.3 to include s.4.3.4 and s.4.3.5
We hereby suspend your hosting and put you on notice to take action and to immediately remove all references to
these kinds of activities and any forums relative to these activities and actions.
Our terms and conditions are attached.
Kind Regards
Carl Fearby
Managing Director
Paper Hat Creative Limited
4.3. The Client warrants that it shall:
4.3.1. Use its best endeavours to co-operate with THE COMPANY in relation to the registration or transfer of any
domain name and shall provide all information as may be necessary to effect such registration or transfer;
4.3.2. not submit to THE COMPANY any Requests in relation to a domain name or names which it knows, or should
(after reasonable inquiry) have known, infringes or might reasonably be considered to infringe the IPR of any third
party;
4.3.3. not in using the web-hosting services, use any domain name or other descriptor which is, or might
reasonably considered to be, in breach of any IPR of any third party,
4.3.4. Use the web-hosting services for lawful purposes only;
4.3.5. Not use the web-hosting services:-
(a) to store, reproduce, transmit, communicate or knowingly receive any material which is
offensive, abusive, indecent, defamatory, obscene, pornographic or menacing, or in breach of
confidence, privacy, IPR or any other rights of any third party or contain links to such material or
upload any such material onto a website hosted by THE COMPANY or by a supplier of THE
COMPANY;
(b) For the sending of unsolicited bulk emails; or
(c) Any other purpose which, at the sole discretion of THE COMPANY, is deemed inappropriate
for publication on the internet.
4.3.6. Not to sell to any other person (whether in money or monies worth, the giving or withholding of any business
or benefit of any kind or description), either directly or indirectly, the web-hosting services.
4.4. THE COMPANY shall be the sole arbiter as to what constitutes a breach of clause 4.3 and the Client shall indemnity
and hold harmless THE COMPANY against any loss, damage, liability, expenses or claims resulting from the Client’s
breach of clause 4.3 and THE COMPANY reserves the right to suspend or terminate the provision of hosting services due
to such breach and to charge the Client a reasonable administration fee for any subsequent reinstatement of service. The
Client agrees that THE COMPANY has the right to delete all data, files, or other information that is stored on the Client’s
account if the Client’s account is terminated, for any reason, by either THE COMPANY or the Client.
4.5. Where the Order Confirmation states that the Client shall be solely responsible for affecting the registration or
transfer of any domain name the Client shall affect such transfer or registration within 30 days from the date of the Order
Confirmation or as stated in the Order Confirmation.
4.3.1. Use its best endeavours to co-operate with THE COMPANY in relation to the registration or transfer of any
domain name and shall provide all information as may be necessary to effect such registration or transfer;
4.3.2. not submit to THE COMPANY any Requests in relation to a domain name or names which it knows, or should
(after reasonable inquiry) have known, infringes or might reasonably be considered to infringe the IPR of any third
party;
4.3.3. not in using the web-hosting services, use any domain name or other descriptor which is, or might
reasonably considered to be, in breach of any IPR of any third party,
4.3.4. Use the web-hosting services for lawful purposes only;
4.3.5. Not use the web-hosting services:-
(a) to store, reproduce, transmit, communicate or knowingly receive any material which is
offensive, abusive, indecent, defamatory, obscene, pornographic or menacing, or in breach of
confidence, privacy, IPR or any other rights of any third party or contain links to such material or
upload any such material onto a website hosted by THE COMPANY or by a supplier of THE
COMPANY;
(b) For the sending of unsolicited bulk emails; or
(c) Any other purpose which, at the sole discretion of THE COMPANY, is deemed inappropriate
for publication on the internet.
4.3.6. Not to sell to any other person (whether in money or monies worth, the giving or withholding of any business
or benefit of any kind or description), either directly or indirectly, the web-hosting services.
4.4. THE COMPANY shall be the sole arbiter as to what constitutes a breach of clause 4.3 and the Client shall indemnity
and hold harmless THE COMPANY against any loss, damage, liability, expenses or claims resulting from the Client’s
breach of clause 4.3 and THE COMPANY reserves the right to suspend or terminate the provision of hosting services due
to such breach and to charge the Client a reasonable administration fee for any subsequent reinstatement of service. The
Client agrees that THE COMPANY has the right to delete all data, files, or other information that is stored on the Client’s
account if the Client’s account is terminated, for any reason, by either THE COMPANY or the Client.
4.5. Where the Order Confirmation states that the Client shall be solely responsible for affecting the registration or
transfer of any domain name the Client shall affect such transfer or registration within 30 days from the date of the Order
Confirmation or as stated in the Order Confirmation.
)
Re: Has Penalty Charges really gone? 
; 27 Oct 2008 23:48:36 +0000 
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