Date: Wed, 17 Jul 2002 15:57:42 EDT
To: curt@lab404.com
From: abuse@pair.com
Subject: Re: Unauthorized Use

Hello, this is C_ C_ from pair Networks, Inc. Abuse dept.

Recently, we have received the notice below regarding illegal use of registered trademarks or copyrighted materials on your web site hosted with our services. Use of copyrighted materials or trademarks without permission is illegal, and as such is grounds for immediate termination of your services with pair Networks as per our posted policies in our service contract at http://support.pair.com/pair/policies/contract.html. If these materials are not removed within the next 3 business days, we will have no choice but to forcibly remove service to the pages in question.

Once removed, these pages can only be reactivated if the offending material has been removed, or if a counter claim is filed in your defense. Such a claim must include all of the following:

* Your physical or electronic signature.

* Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

* A statement under penalty of perjury of a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

* Your name, address, and telephone number at which you can be reached, or legal office at which notice can be served.

* A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address above is located, or if your address is outside of the United States, that of the judicial district in which pair Networks, Inc. may by found, and that you will accept service of process from the person who provided notification or an agent of such person.


Once this is received, your services will be re-enabled after 10 business days. During this time, the person who provided notice of infringement or their agents may file an action seeking a court order to restrain further use of the infringing materials. If they do such, access to these materials will remain disabled until such time as a court order is issued releasing these materials.

Please be aware that by sending this counter claim, you accept that this matter may be settled in a court of law, and that if you are found guilty of the claims given, will be responsible for any legal fees and damages caused the complaining party by your use of these materials, and decision to escalate this matter to be settled by the courts if desired by the complaining party.

Pair Networks, Inc. abides by the procedures given in the Digital Millennium Copyright Act for the handling of claims of copyright infringement against our customers. As such, pair Networks, Inc. cannot be held liable for any damages, losses, or legal fees resulting in the removal of these materials. If the original claim was mistaken or invalid, then the party issuing this claim in the notice below can be held liable for any damages, loss, or legal fees resulting from this notice to yourself, and to pair Networks, Inc. Contact information for this party is included in the notice below.

If you have any questions regarding this procedure, please let us know at abuse@pair.com.