Friday 11 May 2012

Noemi Dado - Some points of Internet law.

(Navigate Noemi with this icon in side-bar.)

A quote from the RAA (Registration Accreditation Agreement) - which states the contract and the terms and conditions which must be adhered to during the registration of a new domain name - such as the "timcumper.com" that was registered, through Noemi Dado's registration service The-Protagonist .

tim cumper noemi site registration

timcumper.com - registered on 1st September by eNom.
Let's look up eNom.


tim cumper noemi site registration 2

OK - let's look up protagonist.net back at WhoIs . . .

tim cumper - noemi dado site registration

The quote from ICANN

"3.7.7.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party."

Another quote, this time regarding dispute policy UDRP

"4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
A quote now from ENOM - the Domain Name Registrar for whom The-Protagonist is a reseller.

tim cumper - noemi dado -enom

QUOTE - "5. ICANN Obligations. 
Pursuant to eNom's Registrar Accreditation Agreement with ICANN (a current version of which can be found here) (the "RAA") You must comply with the following terms: 
. . . . . . . .
E. Any other terms and conditions which come into effect through the revision of the RAA by ICANN or through the introduction of any amended or new ICANN consensus policy, whether or not eNom gives you notice of such revisions, amendments, or new policies."

We have the following admission from Noemi Dado.

"We started a silent SEO campaign via email since February [2008]. Now when you type “Tierra Maria Estates Scam”, you will see Tim’s blogs and videos and our blogs in the search engine result pages. Recently, some bloggers initiated their own SEO Campaign with the same purpose but with variable anchor text and link of choice."


tim cumper - noemi dado - seo at Filipina Images

Supported by this quote from Jepoy at his own website.

"We have been diluting Tim Cumper's website with our silent SEO campaign since early March 2008. If you wan to join, use any of the links below."


tim cumper - jepoy seo

Here is an email notification from facebook - confirming that it is Noemi's comment bearing the TCW logo of the group - set up by her & her colleagues - the second of two similar groups that Facebook saw fit to remove.

tim cumper - noemi dado - facebook attack group

There can be no doubt whatsoever then, that Noemi Dado was fully aware of the purpose intended for the new domain name that she was facilitating by her registration - no doubt at all - the material (including at that time, a cloned copy of my entire 34 page story) had already been published on the website of her colleague, John Phillips Bengero - (who she had collaborated with in 2008 in producing the hour-long video interview with Mayen).
Material which came online immediately registration was complete - it was simply re-directed to the new domain name.

tim cumper - noemi dado - domain name

Originally containing my own face.

tim cumper - noemi dado - domain name 2

A brand new domain, with the exclusive and solitary intent of defamation, character assassination & distortion of the truth - intent on disrupting my personal Internet presence - intent on causing me personal distress - which Noemi Dado fully supported & endorsed, by carrying such banners & links as these, on her own, numerous websites.

tim cumper - noemi dado - seo

tim cumper - noemi dado - seo 2







Also linking to it from her Twitter account.

Noemi Dado is still hard at work with her own advocacy - proclaiming to the world that I am - "A Stalker" - "A Harasser" - "Psychotic."

tim cumper - noemi dado - seo 3

tim cumper - noemi dado - seo 4

tim cumper - noemi dado - seo 5
tim cumper - noemi dado stalker seo

Which is purely and simply her reaction to my attempts to start conciliation, negotiation - to bring an end to this ridiculous dispute. Only a defensive mind would attribute pressing my right to reply and communicate -  about a deeply concerning affair in which she had actively involved herself - as stalking or harassment. 
Attempts made as recently as this posting of a notice on her Facebook wall - a notice which had been ignored on two previous occasions - the first when sent directly by email - October 23rd 2010.

tim cumper - noemi dado - unanswered email

tim cumper - noemi dado - resolution notice
Posted on her Facebook wall -10th May 2012 - the text reads as follows.

PUBLIC NOTICE for NOEMI LARDIZABAL-DADO

Negotiation is best undertaken with attitudes of mutal respect - each side understanding the grievances of the other, in a very real sense seeing from their alternative point of view.

Grievances are often signified by the taking of action, however it is not always possible to discern from the action taken exactly what those grievances may be.
Grievances are sometimes expressed in an abstract way, in a way that is not directly connected to the origin of that grievance, as may happen when early communication between parties breaks down, leaving only a stark silence.

The final requirement before the services of exogenous arbitration are initiated is to ascertain whether both parties wish to find agreement on a means by which to deconstruct the machinery of dispute.

If this wish for negotiation & agreement is not mutual, then arbitration will necessarily find in settlement for the plaintiff - the other party being deemed as acting without reasonable cause.

Please regard this communication as a request to provide the following information, and the response to signify a compliance with, or a refusal to accept, as the outline of a commencing agreement.

1) That you will undertake to liaise with all other active participants in the current campaign of propaganda against the person and name of Tim Cumper.

2) That you undertake to be spokesperson and correspondent on behalf of this group of people.

3) That you shall discuss and issue in terms of grievances and settlement, your own party's concerns, hinderances, propositions - for consideration as an opening to the process of negotiation and final conclusion of this affair.

4) That you shall pledge, on behalf of yourself and the individuals of the party you are representing, that no part of this procees be publicly disclosed by any means on accepting the terms of this proposal - until such time as that acceptance be made null & void by either party notifying the other of such a decision.

In the instance of non-reply, after seven days, this communication will be directed through alternative means to ensure your receipt.
Following that, a period of seven days will be allowed for reply before further action will be commenced.

Yours sincerely,
Timothy E Cumper UK



This notice has been removed - I have had no reply to this or any communication sent to her since 2008.

In order to compete with what is still an ongoing SEO campaign from Noemi Dado and her collaborative colleagues around the world - this time linking directly to defamation of my name and person - what follows are links to some other blogs that I have been forced to setup in response to Noemi "Stealing my name" (as she herself calls it) - here - again, leaving us in no doubt that her registration of my name as a gTLD - was an unlawful act.
A hypocrisy of the highest order.

tim cumper - noemi dado - real
I rest my case.

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