Date: Wed, 17 Jul 2002 15:57:42 EDT
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
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