2:18-cv-02573-DCN Date Filed 02/08/19 Entry Number 17 Page 7 of 11 content, is without merit. RoomMates, 521 F.3d at 1170-1171; see also Batzel v. Smith, 333 F.3d 1018, 1031 (9th Cir. 2003) [“The exclusion of ‘publisher’ liability necessarily precludes liability for exercising the usual prerogative of publishers to choose among proffered material”]; Fields, 217 F.Supp.3d at 1123 [Noting that a decision to decline to furnish an account to a user based on the user’s conduct or content of their postings would be a publishing decision to prohibit the public dissemination of these ideas]; Jane Doe No. 1 v. Backpage.com, LLC, 817 F.3d 12, 20-21 (1st Cir. 2016) [Decisions about the structure and operation of a website are content-based decisions]. Thus, contrary to Plaintiff’s assertion, “the decision to furnish an account, or prohibit a particular user from obtaining an account, is itself publishing activity”. Fields, 217 F.Supp.3d at 1124-1125. Therefore, to the extent Plaintiff seeks to hold the Defendant liable for exercising its editorial judgment to delete or suspend his account as a publisher, his claims are barred by § 230(c) of the CDA. Zeran v. Am. Online, Inc., 129 F.3d 327, 332 (4th Cir. 1997) [Holding that an internet service provider covered by the traditional definition of publisher is protected by § 230(c)(1)]. Liberally construing Plaintiff’s allegations, he may instead be considered to be asserting a breech of contract claim, as he alleges that the Defendant requiring him to delete the flagged content in order to regain access to his Twitter account is a violation of the Terms of Service Agreement entered into between the Plaintiff and the Defendant on or about February 2012.5 Indeed, 5 The Terms of Service Agreement previously discussed herein was effective May 25, 2018, and is an updated version of the Terms of Service Agreement in effect in February 2012. However, both versions of the Terms of Service Agreement allow for the unilateral termination or suspension of user accounts for any or no reason. Moreover, these Agreements specifically provide that users are bound by updates to the Agreements. Cf. https://twitter.com/en/tos/previous/version/underscore5 (Terms of Service Agreement effective June 1, 2011), with https://twitter.com/en/tos (Terms of Service Agreement effective May 25, 2018). 7