I am always a work in progress... We never stop learning to master our craft.

Some of my favorite personal quotes..

"Everything I do, everything I am, all that I breathe is 18+ and will contain sexually suggestive material. ~ Gina Kincade 2011

"If you never have any expectations of other people then you will never be disappointed. When a positive experience occurs it is always a reason to rejoice." ~Gina Kincade, 2009

"I have learned, as a rule of thumb, never to ask whether you can do something. Say, instead, that you are doing it. Then fasten your seat belt. The most remarkable things follow." ~Julia Cameron

Tuesday, May 25, 2010

FACEBOOK BAN’S, Good Reasons or A REAL Violation of Facebook TOS

FACEBOOK BAN’S, Good Reasons or A REAL Violation of Facebook TOS

Bullshit Bans, This is just WRONG in so many ways.

Recently a good friend and fellow Author, Penny Vampdezire, had her facebook account banned on the basis of apparently posting “inappropriate or offensive content and/or behavior” this includes but is not limited to:

“• Creating or uploading content that is pornographic, sexually suggestive, or contains nudity
• Harassing other people with sexually explicit language
• Sending unsolicited friend requests or Inbox messages to people you don't know”

Yet no explanation is forthcoming about just WHAT this violation was and they give you not a single chance to speak in your own defense or rectify the situation by removing the “offensive” content. Facebook just simply removes your account.

An account that you’ve spent years gaining contacts on, networking with others (which is supposed to be the intent of FB) and finding friends. All of this work and time GONE, in a split second.

What about your human rights?? Forget them, they don’t exist. Facebook has a law book of it’s very own, and very little of it in writing I might add, which changes to suit whomever wishes to make the decision to ban, whenever they feel like it. Their TOS is very vague, has a broad coverage of information but really, it says almost nothing.

Did you know that the U.S. Law allows posting of “Soft Sex” on websites, this should include Facebook in my opinion.

Under current United States law, photographs (does not apply to non-photographic images such as paintings or drawings) posted on any website audience may not contain "sexually explicit conduct", which the government defines as:

- Actual or simulated:
(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person.

This reference is to the close-ups, or any pictures where the genitals or pubic area is the center of attention, or part of any simulated masturbation.
Artistic full nudes, characterization drawings and cartoons are acceptable as they are not subject to this class.

SO…in reading this, it says to me that Facebook, which is designed for users over 13 years of age (who receive a limited account assuming they put in their real birthdate) and users over 18 years of age (unlimited account) should be allowed to post anything that does not fall into this category….but their users can’t??!

Funny thing is, some users are allowed, and some users aren’t. It’s all up to the person VIEWING your site…Oh yes, you didn’t think that despite the “private” or ”friends only” setting on your account meant that the moderators of Facebook couldn’t see your information, you bet they can! They can get your birthday, email address…anything at all that you have previously posted on your account.

Do you know that facebook has made it possible for anyone you might piss off in game play to simply go to your page and have you banned with one click, and not even have to provide proof???

Why is it facebook claims they do not allow sexual content on their site yet they have applications that send "gifts" to other users that are FULL of sexual content.

Does this not contradict their own claim? Their own rules? Is facebook not in violation of their own TOS?
Does this not confuse users as to what may or not be sexually offensive or suggestive and cause for ban?

WTF Facebook, explain yourself!

Stand behind your own rules and either remove the applications or stop the BS bannings with this excuse. Stop the bannings with no proof of wrong doing by the users!


In my experience, as I have been banned and the reason was ridiculous (A picture of my 3-year-old child in the bathtub with bubbles), when someone is banned the emails come flooding in.

Each and every time some popular person, game player or in this case Author, is banned, they do anything and everything to regain their account. Including but not limited to creating “petitions”, on a facebook application and sending emails, to all the facebook email addresses. This increases the traffic flow through the site by phenomenal levels for a period of time.

This creates a “look” if you will, for the investors. The look of Facebook being a great place to invest…
Gee look at the amount of traffic on the site per day, lets put our money and our advertisements there.

Facebook is funded by the advertisements you see on the right side of your page, and the applications you click on, the games you play, so why would the powers that be not make use of this “ability” to create what looks like even MORE traffic, a better place for advertisers to spend their money.

I truly believe the “bans” are for the purpose of creating a statistic to make Facebook appealing as a place to advertise, it’s for the investors.

Facebook offers applications that send "gifts" to other users that have pictures that could be considered WAY more sexually explicit or suggestive or even offensive to other users but yet despite their claim that they do not allow that type of content on their site they continue to allow applications containing this material to make them MONEY!

When faced with my ban, which was very conveniently timed with the “live date” of a VERY popular Vampire Role Playing Game on Facebook where I was a Developer of the game and expected, no.. required to be able to access my account, I responded with a petition, as expected and a number of emails.

In one of them I included the following:

Dear Facebook Team,

Please help. I do believe there has been some mistake. My facebook account was recently banned and the response I was given was very vague however implied there was some sort of sexual content on my profle. At this time I can only speculate as to what that was as no response has been forthcoming to my additional inquiries.

I am still very confused and very upset over this ban and accusation as in my opinion there is no violation of the Statement of Rights and Responsibilities. To my knowledge there is no nudity or sexually explicit content on my profile. I did not knowingly have such things on there.

My Pastor, my child and young family members have access to my profile. My profile was also set to "private" so only my friends and family could see things that were there. I have asked many of my family members, including my Pastor if they saw anything they felt might have been confused as this type of content and at this point the only thing we can assume you are refering to was the profile picture of the vampire.

I appologize if this is the reason and it offended anyone. The picture was a "cartoon like" depiction of a vampire in a pool of blood and perhaps may have had a slight amount of skin showing but we did not think at the time that it was inappropriate. I was currently in the process of co-developing the newest Vampire game on facebook, Vampires: The Darkside so the picture seemed fitting.

I would like to add that the photo was created by a very well know artist of this type of material, to which I had to obtain permission from him to even use it, but primiairly the picture when it was created was in no way intended to be seen as any sort of sexual content or suggestive material, simply a vampire.

In the responding email I recieved it is said "Please note that nudity and other sexually explicit content is not allowed on the site" I am a little confused by this statement as to date I have seen far more offensive pictures that are very clear in thier "sexual content" on many other profiles and most importantly, in the applications that Facebook provides to send "gifts" to other users, some of which post thes picture directly upon the profile of the person who recieved the "gift".

This makes that content available to the eyes of any of Facebook’s young members. Not to mention the applications themselves can be used by 13 year olds who are on Facebook. I Find this very disturbing as I am sure pornographic material of this nature being made available to underage persons would be considered against the US law would it not. Yet, I was possibly banned for a mild non sexual photo?

Aditionally, several advertisers on the Facebook site also have worse type content which everyone can see frequently down the right had side or across the top of pages one goes to. I find this to be a little contradictory especially since my profile picture would have been seen as very lite in comparison to many of the applications or advertiser pages, if it actually fell into the category at all.

Also somewhat confusing too me is something I found on Facebook's own pages in respect to if I were to report this type of material. The information is as follows:

"How do I report pornographic content on Facebook? You can report any photo that you feel is offensive by using the "Repo... You can report any photo that you feel is offensive by using the "Report" link provided underneath the image. Facebook will monitor these complaints and remove photos as necessary. All reports will be kept confidential."

I am confused as to why the offending photo was just not removed as per the above statement and a note sent to my account with a warning thus making the ban unnecessary.

Especially since this violation you speak of would have been the first and only demerit against my use of the account to my knowlede.

I appreciate you taking the time to review my account once again as I am sure you will agree there was no such intentional violation.

NOTICE that I point out their own TOS to them in my letter, and the fact that they are not even following their own rules. Or that the applications FB allows, so they can make money, are visable to 13 year old children when posted to a page of an adult, which for a time happened automatically and without the users acceptance.

The photograph I refer to in my letter is a picture of a Vampire in a pool of blood, by Riveria. A very well known artist who has created this "cartoon-like" picture in what I would consider incredible taste. Especilaly when compared to the Extreme sexually suggestive photos available on FB…

Oh... Wait, did I say suggestive? I’ve seen downright SEX in the applications. Pictures of men and women in very visable “doggy style” sexual positions, or displays of a woman’s vaginal area and buttocks as a male renders “spankings” to her behind. There is not a damn “suggestive” thing about those photos avaialble on FACEBOOK APPLICATIONS.

So why are these photos realily avaialbe for all to see but one with a Vampire in her underwear but not showing anything of a sexual nature is not acceptable? Or one of a scantilly clad woman in a bathing suit, again not showing anything close to the FB applications.

So how the hell are we, the FB users, supposed to know what is and isn’t a violation of the TOS. Damn, makes it a bit confusing to me don’t you think.

And yet we have other accounts that are allowed to remain, years and years later, that are used to be abusive, threatening, posing very clearly as "pedophilia" accounts designed to promote the harm to our children that have been reported and complained about time after time and FB does nothing about.

If they have to view accounts, and ban people, why not these accounts that are a disgrace not only to the idea of Facebook, but the entire human race. Why? Because it won't cause a stink, no one will complain if these accounts are banned. Therefore Facebook can't make any money off banning them.

Oh and just a FYI, if next week, next month or next year my account is banned again, then you know it's because of this BLOG post, which conveniently posts to my Facebook profile and Fan Page through "Networkedblogs", another FB application designed to make them MONEY!
But I am not supposed to post anything against the FB TOS on my own personal blog don't you know!..LMFAO..Yeah, whatever!

This is my FREEDOM of Speech...lets see how FB likes it.

Facebook is provided to users for free, or is it? Be careful what you PAY FOR!


  1. Well worded, Gina. Hopefully her account will be re-opened, although I somehow doubt FB will take the blame. Good luck!

  2. Thank you for letting others know that it can be over any little thing that FB feels is inappropriate. It would be nice if they showed examples of what and what is not allowed. It is small minded people who have nothing better to do that keep FB employees employed.
    Light and Love Gina

  3. The banning system on Facebook is a fully automated system, and has been since Facebooks second year. NOW if your account is banned, there are many ways to go about getting it returned to you.

    Second, Facebook's HQ might be in the US, but because it is available in every country in the entire world, the rights & freedoms of the US, DO NOT apply in China, there for the rules have to apply universally.

    I suggest you pull you head out of your ass, before you are made to look like a typical ignorant redneck America fool.


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