Somebody filed a complaint against a website hosted on my web host. They are claiming that the website promotes hacking, SPAM, and harvests emails from Hi5 accounts and refuses to take them down.

The site is

So far, I can see that they are harvesting email addresses - but I do not have any proof that they hack/SPAM (I have requested the accuser for further proof). I checked their email logs, and there have been no messages sent directly from the server.

Is this illegal? Is this grounds for suspension? I asked my friend, and he says email harvesting is not illegal as emails are public record - and I do not have proof yet to suspend on grounds of hacking/SPAM.

According to Wikipedia:
In The United States of America, the CAN-SPAM Act of 2003 [3] made it illegal to initiate e-mail to a recipient where the electronic mail address of the recipient was obtained:

* Using an automated means that generates possible electronic mail addresses by combining names, letters, or numbers into numerous permutations.

* Using an automated means to extract electronic mail addresses from an Internet website or proprietary online service operated by another person, and such website or online service included, at the time the address was obtained, a notice stating that the operator of such website or online service will not give, sell, or otherwise transfer addresses maintained by such website or online service to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages.
I assume this falls under the above?

Update: I just found a YouTube video explaining how this site works: [ame=]YouTube - gaseste emailul unui profil de hi5[/ame]

Apparently, you enter the URL of the Hi5 profile and it automatically reveals the email address for you.