unfair suspension

[astridca]

I'm receiving a notice that tells me my site has been suspended due to adult material found on the site. That does not make any sense; I've had this site for over a year and this is the first time I have received a notice like that of any kind, and furthermore, I do *not* have any content on my site that is even remotely pornographic or illegal.

It won't let me unsuspend my site on my own.

Please help me unsuspend my site.

Thank you.

 

[Livewire]

The offending images were of a piece of artwork called "scrutiny" - it contained an image of a fully nude female. The thumbnail was poorly chosen as well, being zoomed in on her chest.

That's what resulted in the suspension, however this one was a unique case - staff have it tagged that if you agree to remove the artwork that contains nudity, we can unsuspend it for 24hr, afterwhich it'll get re-reviewed. If the material is gone, everything goes back to normal and everyone's happy.

I've gone ahead and got it unsuspended; it'll get reviewed no sooner than 24hr from now, although depending on staff availability it might actually be longer. Either way should work though.

 

[Livewire]

And it seems you didn't heed the warning, so now it's been Zero Tolerance permanently suspended under Adult Material, no backups or further access to the account allowed.

 

[astridca]

Hi,

I'm sorry, apparently I didn't read the message in time. I promise to remove it if you unsuspend my site.

However, I have a question: what distinguishes a work of art from pornographic or material? I did not put that work on my site for lewd purposes, as I presume any reasonably intelligent individual would be able to derive from the other content on my site. I put it up merely as part of my portfolio; I attend art school (The Cooper Union) and that piece has been seen and admired by teachers, peers and family alike. Art galleries host exhibitions of artwork far more provocative than mine—take Jenny Saville, for instance, a widely-respected, world-renowned painter whose overwhelmingly large canvases sport nude women and transvestites exposing their genitalia. These canvases have adorned the walls of many a gallery and museum all over the world. Furthermore, art school critiques feature a plethora of nude performances, photographs, drawings, paintings and other media of all kinds. The students and faculty share a mutual understanding that the work is not produced for pornographic, illicit or illegal purposes of any kind, but rather for artistic, creative, innovative ones, and thus, the content of the work no longer matters.

To sum up my question: Do the administrators of x10hosting assess whether material is "pornographic" or not based on the content of the piece or the purpose of the piece?

 

[Anna]

Hello,

I have not seen the picture in question, but I have highlighted (bolded) the part of TOS I believe the staff member that originally reviewed it found the image to fall under.

* Adult Material: Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of x10Hosting.

To answer the question about what we base it on, it would be mainly content. Although purpose could have impact as well. In this case, the purpose is what allowed you to remove the image in question instead of being a permanent suspension directly.

Since Livewire did unsuspend without you actually coming in and saying "I agree to this", and thus not knowing you had a 24 hour window, I'll be kind and give you another chance.

 

[Livewire]

And resuspended, since Anna's post was on 8/8/10 7:37pm my time, and it's now 8/10/10 1:33am and the image is STILL there, despite two separate warnings to the effect of "you just need to remove that one, and everyone's happy."