ll  My Bad Online Experiences index page ll eBay-and-My Emails Exchanged  ll
OXYMORON

EMAIL NOTICES FROM EBAY
AND MY REPLIES AND REQUESTS THAT STILL GO UNANSWERED WITH ANY COMPETENCE.
Which has become a Hallmark at this point,
of eBay's widespread and growing reputation for nefarious and deceitful business practices.

(Hopefully, and I trust, that will change and a better report can be published here)

Message chain in reverse order of receipt and transmittal

--------------------------------------------------------------------------------------------------------------------------

From: eBay Customer Support
To: Denny T~
Sent: Friday, March 04, 2005 3:49 PM
Subject: Re: EN62821 LP Response to your email concerning eBay's listing policies. (KMM157945876V75409L0KM)


Hello Denny,

Thank you for your reply to eBay.

We have thoroughly investigated your account and have concluded the
appropriate action has been taken.  Linking to websites such as yours is
a violation of Section 5 of our Privacy policy as it contains the
contact information of our community members.  If you would like to keep
this information on your website you may, however, you cannot link to
this specific page from your About Me page. 

We have fully investigated this issue and have come to a point in which
no further discussion is needed.  Although future emails from you will
be read, unless they contain additional information for review, we may
not respond.

All future correspondence regarding this offense may be directed to our
legal department.  If you wish to contact our legal department, please
send your correspondence to:

eBay Inc.
Attn: Corporate Counsel
2145 Hamilton Avenue
San Jose, CA 95125

Thank you for your cooperation in this matter.

Regards,

Ralphie
Community Watch Supervisor
eBay Trust & Safety
_____________________________________________

Whether you're new to eBay or an experienced buyer and seller, the eBay
Security & Resolution Center can help you protect yourself on eBay and
online. For more information, please click the "Security Center" link at
the bottom of most eBay pages.
_____________________________________________

For our latest announcements, please check:

http://www2.ebay.com/aw/announce.shtml
_____________________________________________

67291942



============================================
----- Original Message -----
From: "Denny T~" <dennysguitars@earthlink.net>
To: "eBay Customer Support" <moreinfo@ebay.com>
Cc: "receipt" <dennysguitars@earthlink.net>
Sent: Sunday, February 20, 2005 6:23 AM
Subject: Re: EN62821 LP Response to your email concerning eBay's listing policies. (KMM156009072V33830L0KM)


re: replying to your and eBay's email notices shown herein; A not-so-funny comedy of incompetence.



DEAR LESLEY AND EBAY COMMUNITY WATCH,

PLEASE PARDON MY EXPRESSED AMAZEMENT AT EBAY'S INCOMPETENCE IN THIS MATTER THAT IS NOW BECOMING PROBLEMATIC.  PLEASE HAVE A COMPETENT PERSON REVIEW THIS MATTER.

------------

REGARDING YOUR:  "Since you were providing information about another member on your About
Me Page, you violated the User Agreement Section 10.5 Privacy Policy."

FOR THE FOURTH TIME NOW:  THERE IS NOTHING THAT EVEN SLIGHTY RESEMBLES A SECTION 10.5 IN NEITHER YOUR USER AGREEMENT NOR YOUR PRIVACY POLICY.  I TOLD YOU THIS IN MY PREVIOUS EMAILS TO YOU THAT STILL GO UNANSWERED.

YOUR TEXT REFERENCE TO PRIVACY YOU PROVIDED ...SOURCE UNKNOWN.... HAS NOTHING WHATSOEVER TO DO WITH THE MATTERS AT HAND.  IT GOES WITHOUT SAYING THAT THE LICENSE YOU OFFER MEMBERS IS EXTENDED TO YOUR PUBLISHED POLICY WHICH YOU YOURSELF USE AS LITMUS IN THIS MATTER (ALTHOUGH YOUR REFERENCES MAKE NO MENTION OF THE VIOLATIONS YOU ACCUSE ME OF, AND SAY QUITE THE CONTRARY WHERE IT IS ADDRESSED IN YOUR POLICY ....AGAIN SHOWN IN THE COMPREHENSIVE REVIEW OF YOUR OWN POLICY AND PROVIDED AT THE END OF THIS EMAIL MESSAGE CHAIN).

------------

FURTHERMORE, EBAY CLEARLY STATES (AND PLEASE READ YOUR OWN POLICY HERE):

eBay Reference:
http://pages.ebay.com/help/policies/privacy-contact.html

     Publishing Contact Information  
   
   


    eBay policy:
        All contact information acquired during the course of an eBay transaction is considered private and may not be published on any online public area including the following:
       a.. Web pages
       b.. Online forums
       c.. Newsgroups
       d.. About Me pages
       e.. Board Posts
       f.. Feedback Comments
     eBay considers the following information personal and private:
       a.. Name
       b.. Address
       c.. Phone number
       d.. Email address
     Note:
      User ID's are not considered personal contact information


--------------

FURTHERMORE, FOR THE THIRD TIME NOW I AM PROVIDING YOU, AT THE END OF THIS EMAIL MESSAGE CHAIN, A COMPREHENSIVE REVIEW OF YOUR OWN APPLICABLE PUBLISHED POLICY AND THE FALACY OF YOUR ACCUSATIONAL CLAIMS.

--------------

FURTHERMORE, THE GENERAL BLANKET SECTIONS LINKS YOU REFERENCE, HAVE NOTHING AT ALL TO SUPPORT YOUR ACCUSATIONS.

IF YOU FEEL THAT TO NOT BE THE CASE, THEN PLEASE PROVIDE SOME SPECIFIC CLAUSES THAT SUPPORT YOUR SO-FAR UNFOUNDED CLAIMS.

--------------

NOW, IN THE BEST OF GOOD FAITH AND RESPECT, AND REASONABLE PROFESSIONAL EXPECTATIONS;  WHY IN THE HECK AM I HAVING TO WASTE SO MUCH TIME DOING & TEACHING YOU GOOD PEOPLE YOUR OWN JOB THAT'S SUPPOSED TO BE MAKING MY EBAY JOB EASIER, ...OR GETTING YOU TO PROVIDE REASONABLY INTELLIGENT / APPLICABLE REFERENCES TO THE ACCUSATIONS YOU ARE MAKING WHEN THE VERY POLICY SECTIONS YOU REFERENCE EITHER DON'T SAY WHAT YOU CLAIM OR SAY QUITE THE OPPOSITE ???????????

I TRUST YOU WILL FIND SOMEONE COMPETENT TO REVIEW THIS MATTER  AND I THANK YOU FOR DOING SO.  IF YOU CAN'T, I CAN AND WILL CONTACT YOUR C.E.O. THROUGH GOVERNMENT AGENCIES AND HAVE HER DO IT ;  AND IF YOU INTERFERE WITH MY EBAY FEATURES THAT ARE IN FULL COMPLIANCE WITH EBAY POLICY, I WILL ENSURE THAT YOUR C.E.O. ANSWERS FOR SUCH INCOMPETENCE, AND I DON'T THINK SHE WILL BE IMPRESSED WITH YOUR DEPARTMENT'S PERFORMANCE IN THIS MATTER SO FAR.  I AM SURE NOT.


Aloha,
Denny T~

Contacts, hours and time differences:
http://www.dennysguitars.homestead.com/dadscoffee1.html




================================================
----- Original Message -----
From: "eBay Customer Support" <moreinfo@ebay.com>
To: "Denny T~" <dennysguitars@earthlink.net>
Sent: Sunday, February 20, 2005 4:19 AM
Subject: EN62821 LP Response to your email concerning eBay's listing policies. (KMM156009072V33830L0KM)


Hello,

Thank you for taking the time to write to us with your concerns. I am
happy to assist you further.

I would like to give you some important information so that About Me
Page does not get removed or reported in the future. Although we do
permit a feedback page, it is not permitted to  promote users' personal
information on the link. You'll need to remove the following text from
the link. We will give you another 24 hours from February 20th.
For example, it would not be permitted to state the following in any
link:

"My Bad Online Transaction Experiences"

Since you were providing information about another member on your About
Me Page, you violated the User Agreement Section 10.5 Privacy Policy.

"By entering into our User Agreement, you agree that, with respect to
other users' personal information that you obtain through the Site or
through an eBay-related communication or eBay-facilitated transaction,
eBay hereby grants to you a license to use such information only for:
(a) eBay-related communications that are not unsolicited commercial
messages, (b) using services offered through eBay (e.g. escrow,
insurance, shipping and fraud complaints), and (c) any other purpose
that a user expressly agrees to after you tell them the purpose you
would like to use it for. In all cases, you must give users an
opportunity to remove themselves from your database and a chance to
review what information you have collected about them. In addition,
under no circumstances, except as defined in this Section, can you
disclose personal information about another user to any third party
without our consent and the consent of that user. You agree that other
users may use your personal information to communicate with you in
accordance with this Section. Note that law enforcement personnel, VeRO
program participants, and other rights holders are given different
rights with respect to information they access."

Here's an important link to our Privacy Policy:

http://pages.ebay.com/help/policies/privacy-policy.html

For additional information on our About Me page guidelines, as well as
prohibited, questionable or infringing items, please refer to the
following pages:

http://pages.ebay.com/help/policies/listing-aboutme.html
http://pages.ebay.com/help/sell/item_allowed.html

We are committed to your online trading safety and success.

Regards,

Lesley
eBay Community Watch
______________________________

Important: eBay will not ask you for sensitive personal information
(such as your password, credit card and bank account numbers, Social
Security numbers, etc.) in an email. Learn more account protection tips
at:

http://pages.ebay.com/help/confidence/isgw-account-theft-protection.html

_____________________________________________

For our latest announcements, please check:

http://www2.ebay.com/aw/announce.shtml
_____________________________________________

In order to better serve you, we'd like to occasionally
request feedback on our service. If you would rather
not participate, please follow the instructions in the email message you
will receive from us. Your request will be processed
within 5 days.

*******************************************


(67291942)



Original Message Excluded:
--------------------------





=================================

PREVIOUS EMAILS SENT TO YOU:

re:  replying once again to your email notices and unfounded accustions shown in the message chain below:


----------------------------------------------------------------------------------------------------------------------

----- Original Message -----
From: "Denny T~" <dennysguitars@earthlink.net>
To: <moreinfo@ebay.com>
Cc: "receipt" <dennysguitars@earthlink.net>
Sent: Sunday, February 20, 2005 6:31 AM
Subject: Re: AM Notice: eBay Informational Alert- eBay ABOUT ME PAGE CHANGE REQUEST

Dear eBay Trust and Safety Department seat warmers,

Don't you think it would be professionally expected for you to answer my emails sent to you in response to your identical notice sent last week that I complied with fully and further requested that you provide SPECIFIC eBay policy and/or user agreement clauses to support your previous and this recent accusation / claim I am replying to?

I did find a violation I was not aware of subsequent to your previous identical notice (and corrected it);  But it WASN'T from ANY policy reference you stated in your notices.  There was / is NOTHING on my eBay *About Me* page, nor the subject pages of my website it links to, that violates ANY policy sections you referenced in your previous email notice nor this present notice from you.

REFERENCES TO EBAY USER ID'S IS NOT DISALLOWED BY EBAY POLICY NOR USER AGREEMENT, BUT IS SPECIFICALLY SAID BY EBAY POLICY TO NOT BE DEEMED PRIVATE BY EBAY AND IS FURTHER SAID TO BE "EXEMPT" FROM PUBLISHING USER IDENTIFICATION AND CONTACTS.  Specific eBay policy references are once again copied / provided at the end of this email chain.

With respect I must ask how you expect an eBay Member to know how to anticipate and comply with policy that's not written in your published policy, and you fail to answer emails asking you for the specific clause references of your claims / accustaions rather than the general sections you reference that DOES NOT state what you are claiming, ...and you can't get your own references said in your emails right yourself?  I have previously gone to great time and expense studying and presenting this matter to you in detail.  I AM COPYING IT AGAIN AT THE END OF THIS EMAIL.


With deep respect,
Thank You,
Aloha,
Denny Turner

Contacts, hours and time differences:
http://www.dennysguitars.homestead.com/dadscoffee1.html




================================================
----- Original Message -----
From: <moreinfo@ebay.com>
To: <dennysguitars@earthlink.net>
Sent: Sunday, February 20, 2005 4:16 AM
Subject: AM Notice: eBay Informational Alert- eBay ABOUT ME PAGE CHANGE REQUEST


Dear geetarpicker (dennysguitars@earthlink.net),

Thank you for your interest and participation in our About Me feature. Unfortunately, it was brought to our attention that your eBay About Me page, located at the following URL:

http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=geetarpicker

is in violation of our About Me Guidelines, User Agreement 10.5, Your Use of Other Users' Information. policy.

We noticed that your About Me page contained: 

My Bad Online Transaction Experiences <<<<<<<<<<<<<

While eBay will, if necessary, remove About Me pages that violate its policies, since your About Me page is an expression of your personality and tastes, it is contrary to our policies for us to edit your About Me page. We need to request that these changes be made within 24 hours. 

You can make changes to your page by going to the following URL and entering your User ID and password as requested:  

http://pages.ebay.com/services/aboutme/aboutme-login.html 

If you are unable to make these changes, we will need to remove the entire page for you to start over in creating your About Me page.  Please note that our policies that apply to auction pages also apply to our About Me pages, with exception of advertisements. eBay will permit members to advertise their businesses in describing who they are and what they do on their About Me page. However, please remember that it is not acceptable to solicit direct sales in promoting that business. 

You can view these guidelines for a better understanding of our listing guidelines and how they affect the way you post your information at the URL below:

http://pages.ebay.com/help/policies/listing-aboutme.html 

Information on infringing or illegal items or for information on other eBay listing guidelines, please view:

http://pages.ebay.com/help/sell/item_allowed.html 

We would like to thank you in advance for your cooperation in making these changes within 24 hours.

Regards,

Customer Support (Trust and Safety Department)
eBay Inc

---------------------------------------------

PREVIOUS EMAILS SENT TO YOU IN REGARDS TO THIS MATTER:

----- Original Message -----
From: "Denny T~" <dennysguitars@earthlink.net>
To: <moreinfo@ebay.com>
Cc: "receipt" <dennysguitars@earthlink.net>
Sent: Friday, February 18, 2005 1:28 PM
Subject: YOU HAVE NOT ANSWERED MY REPLY TO YOU -----> AM Notice: eBay Informational Alert- eBay ABOUT ME PAGE CHANGE REQUEST

Please have the professional courtesy to answer my email reply to you (for which
I have not yet received even a courtesy acknowledgement of receipt) so I can
either know all is well, and know your findings / position(s), and/or that any
remaining discrepencies on either of our parts might be resolved in a
professional / responsible time frame.

Thank You,

Aloha,
Denny T~

Contacts, hours and time differences:
http://www.dennysguitars.homestead.com/dadscoffee1.html




================================================

----- Original Message -----
From: "Denny T~" <dennysguitars@earthlink.net>
To: <moreinfo@ebay.com>
Cc: "receipt" <dennysguitars@earthlink.net>; "Witness" <reliancenet@hotmail.com>
Sent: Monday, February 14, 2005 12:28 AM
Subject: Re: AM Notice: eBay Informational Alert- eBay ABOUT ME PAGE CHANGE REQUEST

 
Dear eBay Customer Support (Trust and Safety Department),

Thank You for your kind email notice (shown at the bottom of this email message chain) and bringing this matter to my attention.  Contrary to your email notice, eBay's "About Me" page policies DO NOT contain the violations you report; Although they do appear in the "Publishing Contact Information Guidelines" MUCH deeper in eBay site navigation, and;  Publishing eBay user account names IS NOT in violation of eBay policy as far as I can determine (referenced well in this email to you).

The "My Bad Online Transaction Experiences" link on my eBay "About Me" page is now in full compliance with eBay Policy and User Agreement, and is not in violation thereof.  And if you are in disagreement then I direct you to provide me SPECIFIC clauses that I am not in compliance with, not mere links to broad policy pages nor link trees;  Thank You.

This email is 4 parts: 
Part 1 in direct answer to your email notice, and; 
Part 2 addressing a broader scope it seems you might intend to convey, and;  
Part 3 references for my position, and; 
Part 4 a simple request.

I have reviewed your email notice and eBay's policies ("hidden" quite deeply in the jungle of eBay site navigation!) and User Agreement and brought my website and thus my eBay "About Me" page into full compliance with same; to wit:

Please notice that all statements by me below are preceeded by " >>> ".  All other entries are exerpts from eBay Policy and User Agreement.

--------------

>>> PART 1.

>>> Subsequent to your email notice, I found that there was some data posted on my website considered private by eBay in the context of eBay transactions and service.  Please notice that much effort / courtesy had been previously made to protect the contact information of this Seller.  All other information now posted there is specifically exempted by eBay under specific eBay policy clause as NOT being private nor prohibited by eBay and therefore not creating a violation of eBay "About Me" page policy.  And although eBay does not have any authority nor propriety over what an eBay Member publishes on their own website, I think it reasonable to infer that linking to information eBay deems private, from an eBay "About Me" page, might be unacceptable within the scope of eBay's authority.  Therefore I have removed from my subject website all data that is not in compliance with eBay Policy and User Agreement.

>>> My eBay "About Me" page is now in full compliance with eBay Policy and User Agreement.

>>> You may review the corrected subject pages of my website at:
http://badmailordertransactions.homestead.com/Index.html

>>> PLEASE NOTE:  The statement in your email: "Unfortunately, it was brought to our attention that your eBay About Me page, .... is in violation of our About Me Guidelines, User Agreement 10.5, Your Use of Other Users' Information. policy.":

>>> MY REPLY / POSITION:

>>> The said link on my "About Me" page IS NOT in violation of the "About Me" Guidelines, but is in full compliance.  There is nothing in the "About Me" guidelines that was violated. ( see ref. *1 further below); But I did find it in violation of other eBay Policy said herein.

>>> There is no clause 10.5 in the User Agreement, as referenced in your email to me.  Ebay's Help search engine can find no such clause nor number for any eBay document nor page.

>>> There is no "About Me" clause in the User Agreement, inferred as a reference in your email to me.

>>> However, my posting information eBay considers private, was in violation of Publishing Contact Information Guidelines, (which WERE NOT linked nor mentioned on ANY eBay "About Me" page information) and has been removed.  ( see ref. *2 below).


------------

ref *2:
eBay Reference:
http://pages.ebay.com/help/policies/privacy-contact.html

     Publishing Contact Information  
   
   


    eBay policy:
        All contact information acquired during the course of an eBay transaction is considered private and may not be published on any online public area including the following:
       a.. Web pages
       b.. Online forums
       c.. Newsgroups
       d.. About Me pages
       e.. Board Posts
       f.. Feedback Comments
     eBay considers the following information personal and private:
       a.. Name
       b.. Address
       c.. Phone number
       d.. Email address
     Note:
      User ID's are not considered personal contact information


>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.

-------

*1:
eBay Reference:
http://pages.ebay.com/help/policies/listing-aboutme.html

     About Me Guidelines  
   
   


The eBay About Me page may be used to describe the seller's business, and may contain Web addresses or links to the seller's individual Web site. It may not specifically promote off eBay sales or sales of items prohibited on eBay, nor may it contain links to commercial Web sites where goods from multiple sellers are aggregated by a common search engine.
Note:
    a.. The above provides a summary of our links policy.
       b.. If you have questions about this policy, view the links policy frequently asked questions.
   


Related Help topics
  a.. Listing Policies for Sellers Overview
  b.. Links Policy
>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.

-------

*1:
eBay Reference:
http://pages.ebay.com/help/policies/listing-links.html
Links from your About Me Page

    You may link to your own Web store or Web site. However, you may not directly offer any non-eBay merchandise on the About Me page itself.

     eBay does not permit its users to place the following types of links on your About Me pages:

       a.. Links that directly offer any non-eBay listing or merchandise on the About Me page itself.
       b.. Links to other online trading sites or pages, including auctions and fixed-price formats. Learn more
       c.. Links to sites offering the same merchandise for the same or lower price (including the Buy It Now price).
       d.. Links to sites offering merchandise or information not permitted on eBay
     On your About Me page, you may link to your own Web site or individual Internet store where you are offering to trade, sell or purchase your goods or services. However, you may not link to any page within online trading sites that offer goods from multiple sellers either in a fixed price or auction format.

     About Me pages that do not meet this policy may be removed.
   


>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.



=================================================
>>> PART 2.
=================================================

>>> However, although I might be mistaken in reading your email intent, it seems that you might be inferring a broader scope than the matters said above and broader than the letter of governing eBay Policy and User Agreement, which might put us into dispute if so.  So in the interest of researching and addrssing a potential problem / dispute in THE BEST OF GOOD FAITH AND RESPECT before it gets started, allow me to provide the following information, research and my position about my eBay "About Me" page, should you be inferring a broader scope in your email notice to me, than what has already been settled as said above:

>>> It is eBay's responsibility to provide an eBay Member with SPECIFIC clauses under which eBay accuses a Member of being in violation of;  Links to blanket policy does not convey the clause / accusation eBay makes, ...your email to me a very good example, and therefore causing me a considerable amount of time and energy to research an unknown / unfathomable amount of policy data on eBay.  OTHERWISE remedy is satisfied by a Member's reasonable but unsuccesful attempt to find violation(s) of clause.

>>> If an eBay Member is in compliance with eBay Policy and User Agreement in eBay functions such as an eBay "About Me" page, which the letter of eBay policy governs, ...then eBay has no jurisdiction nor propriety whatsoever over a Member's own website content, nor should / can eBay make a reasonable inference and/or extension that the two are connected under eBay Policy and User Agreement.   Example (but not limited to): Just because eBay restricts what can be entered in eBay Feedback, it cannot without liability limit what a Member might similarly do on his/her own website.

>>> eBay ENCOURAGES and can otherwise not limit a Member from providing another Members identification data to any number of unspecified Government and, by no exclusionary exceptions, Non-Government sources and resources in a dispute between parties in an auction, which eBay furthermore clearly and explicity exempts itself from being a party and/or agent thereof.  And again, if an eBay Member is in compliance with eBay Policy and User Agreement, then eBay states quite clearly that it has no propriety nor authority whatsoever over what a Member does with information another Member provided him/her; ...particularly relevant in a dispute.  Example:  eBay encourages it's Members to file complaints with the FBI / IFCC knowing very well that a Member MUST provide the very information eBay considers private withing the authority of eBay that cannot be extended any further than that authority.

>>> Some information posted on my website and linked from my eBay "About Me" page, is a copy of my eBay contract which is explicitly stated as being a contract in eBay's User Agreement and Policies, which is my own personal property afforded me by eBay, that eBay clearly states they are passive and have no agencyship, propriety nor authority over, and otherwise no authority over as long as using it is not in violation of specific eBay policy / user agreement in the context of eBay services and authority.  EBay has no authority whatsoever over what a person does with any information outside eBay's authority.  And under Government rules governing Pay Pal and eBay, ...eBay cannot, without liability, suspend service of a Member who is in compliance within the authority of eBay policy and User Agreement.

>>> Any reference I have made about the other party in the subject eBay transaction dispute was information provided to me by that party and not by eBay who is not a party and is only a passive service provider, unless eBay desires to make themselves a broader party to the transaction contract and dispute contrary to eBay Policy and User Agreement.

>>> The "My Bad Online Transaction Experiences" link on my eBay "About Me" page is now in full compliance with eBay Policy and User Agreement, and is not in violation thereof, and;

>>> eBay cannot extend nor infer their Policy and User Agreement to the content of my own website, nor that my website content constitutes an extension of my posting on eBay or otherwise constitutes a violation of eBay Policy or User Agreement unless such a violation is stated in eBay policy or User Agreement.

-------

>>> ALSO;  Regarding your email's statement: "Please note that our policies that apply to auction pages also apply to our About Me pages.......":  I kindly dispute that claim.  The specific writings in eBay Policy and User Agreement is governing, and eBay policy about auction pages and About Me pages have entirely different and conflicting policies and clauses;  which cannot be applied to each others' sections unless specifically said so in published policy or User Agreement, which I don't find in the broad abstract of your statement.  Otherwise,  ...and the matters at hand a prime example,  ...a Member has no way of knowing which clauses of one apply to the other and which ones don't.


>>> Also, as mere courtesy on my part, having nothing to do with the matters at hand, ...please be advised that eBay has no authority nor propriety to prohibit anyone from using or posting any information provided to an eBay Member by another eBay Member who provided such information outside of eBay ...such as in private email, ...nor for any information unless eBay can show that they do indeed have exclusive propriety over such information and the information was gotten from such propriety.  EBay claiming such broad propriety negates the clause and scope of such a claim.  You might desire to bring this to your Corporate Counsel's attention for his/her review; Refering to eBay's attempt to establish such authority:
http://pages.ebay.com/help/policies/identity-contact.html



==============================================================

>>> PART 3:
-------------------------------------------------------------------------
>>> REFERENCES FOR THE ABOVESAID POSITION:
-------------------------------------------------------------------------

eBay Reference:
http://pages.ebay.com/help/policies/user-agreement.html?ssPageName=f:f:US

eBay User Agreement:

EBay user agreement relative to "About Me" pages says:

3.5 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. ..... By using this Site, you agree to accept such risks and eBay is not responsible for the acts or omissions of users on the Site.

6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the Café or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

-------

eBay Reference:
http://pages.ebay.com/help/policies/privacy-contact.html

     Publishing Contact Information  
   
   


    eBay policy:
        All contact information acquired during the course of an eBay transaction is considered private and may not be published on any online public area including the following:
       a.. Web pages
       b.. Online forums
       c.. Newsgroups
       d.. About Me pages
       e.. Board Posts
       f.. Feedback Comments
     eBay considers the following information personal and private:
       a.. Name
       b.. Address
       c.. Phone number
       d.. Email address
     Note:
      User ID's are not considered personal contact information


-------

eBay Reference:
http://pages.ebay.com/help/policies/listing-aboutme.html

     About Me Guidelines  
   
   


The eBay About Me page may be used to describe the seller's business, and may contain Web addresses or links to the seller's individual Web site. It may not specifically promote off eBay sales or sales of items prohibited on eBay, nor may it contain links to commercial Web sites where goods from multiple sellers are aggregated by a common search engine.
Note:
    a.. The above provides a summary of our links policy.
       b.. If you have questions about this policy, view the links policy frequently asked questions.
   


Related Help topics
  a.. Listing Policies for Sellers Overview
  b.. Links Policy
>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.

-------

eBay Reference:
http://pages.ebay.com/help/policies/listing-links.html
Links from your About Me Page

    You may link to your own Web store or Web site. However, you may not directly offer any non-eBay merchandise on the About Me page itself.

     eBay does not permit its users to place the following types of links on your About Me pages:

       a.. Links that directly offer any non-eBay listing or merchandise on the About Me page itself.
       b.. Links to other online trading sites or pages, including auctions and fixed-price formats. Learn more
       c.. Links to sites offering the same merchandise for the same or lower price (including the Buy It Now price).
       d.. Links to sites offering merchandise or information not permitted on eBay
     On your About Me page, you may link to your own Web site or individual Internet store where you are offering to trade, sell or purchase your goods or services. However, you may not link to any page within online trading sites that offer goods from multiple sellers either in a fixed price or auction format.

     About Me pages that do not meet this policy may be removed.
   


>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.

-------

"About Me" pages "Help" search results:
http://help.ebay.com/kanisa/homepage?action=0&newaction=0&catalog=LCID%3D1033%26CDID%3DEN-US-KB%26PRODLIST
SRC%3DON&withinResults=false&formName=browseForm_Front&locale=en_US&numDocs=5&searchMode=GuidedSearch&i
sFirstPage=true&Product=GPDT_both$both&searchString=about%20me&country=xx&baseUrl=

>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.

-------

LINKS POLICY:
eBay Reference:
http://pages.ebay.com/help/policies/listing-links.html

>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.

-------

eBay Reference:
http://pages.ebay.com/help/policies/listing-links-faq.html#7

LINKS FAQ:

What links may I have on my About Me page?
    You may link to your own Web store from your About Me page. However, you may not directly offer any non-eBay merchandise on the About Me page itself. 


>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.

-------

Feedback policies:
http://pages.ebay.com/help/policies/feedback-ov.html

>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.

-------

EBay Policies Overview:
http://pages.ebay.com/help/policies/hub.html?ssPageName=f:f:US

>>> ALL policies have been complied with and contain no clauses that state anything similar to the email warning from eBay regarding my "About Me" page.

-------

eBay Reference:
http://pages.ebay.com/help/feedback/reputation-public-feedback.html

EBay QUOTE:

"eBay strongly encourages you to keep your member profile public.........."
"Your member profile is a valuable asset on eBay. Making your member profile public generates trust and increases the likelihood that other eBay members will do business with you. After all, you'd probably want to see another user's member profile before you bought from them."



>>> I highly doubt eBay would want to be prejudiced and complicit in restricting discovery that eBay publishes as being deemed an important and valuable matter; Unless we should question "valuable to who?"

-------

eBay Reference:
http://pages.ebay.com/help/find/search_members.html

EBay's help page: "Find Members"; Relative to this dispute:
"The Find Members page is a starting point for getting information about other eBay members. You can use what you learn here to decide who to do business with or to connect with other members."

"About Me
Some eBay members introduce themselves on their own About Me eBay page. To see a member's About Me page, enter a member's User ID on the Find a Member page, select About Me, then click the Search button. "


>>> NOTE: The express / above-stated intent of eBay's "Find Members" function, which "About Me" pages are explicitly part of, is to learn about Sellers' and Buyers' for the specific purpose of being able to decide whether or not to do business with them.  SURELY a Buyer CANNOT derive such an opinion / decisions being restricted to merely upon what a Member posts about him/herself on their own "About Me" page;  And an eBay Member linking to his/her own website to report bad business practices is not only in full keeping with eBay Policy and User Agreement, but is also congruent with the intent of honest and reasonable disclosure and discovery strongly suggested by eBay here.  OTHERWISE eBay would be unreasonably prejudiced and complicit in promoting the opposite of what eBay encourages.

>>> eBay ENCOURAGES and cannot otherwise limit a Member from providing another Members identification data to any number of specified and unspecified Government and, by non-exclusion allowances, Non-Government sources and resources in a dispute between parties in an auction, which eBay furthermore clearly and explicity exempts itself from being a party and/or agent thereof.  And again, if an eBay Member is in compliance with eBay Policy and User Agreement, then eBay has no propriety nor authority  over what a Member does with information another Member provided him/her, ...particularly in a dispute.  Indeed eBay itself provides links and suggests their Members use the FBI / IFCC, knowing full well that the FBI / IFCC requires posting private information eBay deems private within the scope of eBay's authority.

-------

eBay Reference:
http://pages.ebay.com/help/policies/user-agreement.html?ssPageName=f:f:US

EBay User Agreement:

3.5 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. ..... By using this Site, you agree to accept such risks and eBay is not responsible for the acts or omissions of users on the Site.

6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the Café or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

17  Resolution of Disputes. In the event a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eBay agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Disputes between you and eBay regarding our services may be reported to Customer Support by going to http://pages.ebay.com/help/new/customer-support.html. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Additionally, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

>>> (eBay's User Agreement fails to mention a number of other government and non-government relief resources that are eager to investigate violations of eBay's and Pay Pal's Terms of Service).


=================================

PART 4.

>>> Also please inform me whether this eBay Member ( tune_o_matic) is required to provide a legal name under eBay Policy.  It seems to me that a name full enough to be legal, would be required by eBay to enter into the eBay auction contract:  It would be nice for both me and eBay to know this eBay Member's fuller legal name rather than just the initials he/she is registered at eBay under.
http://pages.ebay.com/help/policies/identity-false.html


Thank You for your close attention to this matter and the other eBay Member of our ongoing dispute, and for your professional service,
Aloha,
Walter D. Turner

Contacts, hours and time differences:
http://www.dennysguitars.homestead.com/dadscoffee1.html




================================================
----- Original Message -----
From: <moreinfo@ebay.com>
To: <dennysguitars@earthlink.net>
Sent: Sunday, February 13, 2005 10:43 AM
Subject: AM Notice: eBay Informational Alert- eBay ABOUT ME PAGE CHANGE REQUEST


Dear geetarpicker (dennysguitars@earthlink.net),

Thank you for your interest and participation in our About Me feature. Unfortunately, it was brought to our attention that your eBay About Me page, located at the following URL:

http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=geetarpicker

is in violation of our About Me Guidelines, User Agreement 10.5, Your Use of Other Users' Information. policy.

We noticed that your About Me page contained: 

In your ABOUT ME PAGE:
"My Bad Online Transaction Experiences - http://badmailordertransactions.homestead.com/Index.html"

The above url links to:
"http://badmailordertransactions.homestead.com/tuneomatic1.html - eBay transaction with 'tun_o_matic']
"http://badmailordertransactions.homestead.com/drews891.html" - Bad eBay transaction with 'drews89']
[Kindly remove any user ids, email addresses, or identifying information that could identify any eBay members]

While eBay will, if necessary, remove About Me pages that violate its policies, since your About Me page is an expression of your personality and tastes, it is contrary to our policies for us to edit your About Me page. We need to request that these changes be made within 24 hours. 

You can make changes to your page by going to the following URL and entering your User ID and password as requested:  

http://pages.ebay.com/services/aboutme/aboutme-login.html 

If you are unable to make these changes, we will need to remove the entire page for you to start over in creating your About Me page.  Please note that our policies that apply to auction pages also apply to our About Me pages, with exception of advertisements. eBay will permit members to advertise their businesses in describing who they are and what they do on their About Me page. However, please remember that it is not acceptable to solicit direct sales in promoting that business. 

You can view these guidelines for a better understanding of our listing guidelines and how they affect the way you post your information at the URL below:

http://pages.ebay.com/help/policies/listing-aboutme.html 

Information on infringing or illegal items or for information on other eBay listing guidelines, please view:

http://pages.ebay.com/help/sell/item_allowed.html 

We would like to thank you in advance for your cooperation in making these changes within 24 hours.

Regards,

Customer Support (Trust and Safety Department)
eBay Inc



ll  My Bad Online Experiences index page ll eBay-and-My Emails Exchanged  ll
NOTICE:  Emails between ebay and me have been so many and profuse that it will take some time to get them all posted here as my time allows.  Stay tuned and come back;  This fiasco gets more decrepidly amazing every day.
NOTICE:  ebay and Pay Pal said herein are meant to be one and the same company entity.  Negative references to their bad business practices and character are from personal experience and referring to widespread public opinion that are both amply documentable.