Get Free Legal Forms » Misc.

DMCA Notice to Host

admin — Sun, 12 Apr 2009 17:52:36 +0000

DMCA Notice to Host

Subject: Notice of Copyright Infringement

To Whom It May Concern:

The following information is presented for the purposes of removing web content that infringes on my copyright per the Digital Millennium Copyright Act (DMCA), as authorized in § 512(c) of the U.S. Copyright Law. I appreciate your enforcement of copyright law and the support of my rights in this matter, as the infringing material appears on the Service for which you are the designated agent.

Identification of Copyrighted Work

The copyrighted work at issue is the text that appears on www.mydomain.com and it’s related pages.

Identification of Infringed Material

The following paragraphs, placed in quotes, were used as the search queries in <

>. When a match was made to a site other than ours, we evaluated the extent of the copyright infringement. In all cases presented, entire paragraphs and/or pages have been copied. The attached spreadsheet provides examples of the copied text. We have retained but not submitted printed examples of each infringement.

Query# 1
“XXX1″

Query # 2
“XXX2″

The URLs of the infringing search results are as follows (With query numbers in parentheses):

BadCompany Inc
http://www.badcompany.com/ (Query # 1 and Query # 2)
http://www.badcompany.com/Telecom_Analysis.html (Query # 13 and Query # 14)
http://www.badcompany.com/Contract_Maximization.html (Query # 16)
http://www.badcompany.com/Network_Maximization.html (Query# 17)
http://www.badcompany.com/ABTRAC.html (Query # 18)

My Contact Information:

Name
Address
Phone Number
Email Address

Copyright Infringers Information

{WHOIS DATA}

Copyright Owners Statement

I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.

I swear, under the penalty of perjury laws of the United States of America, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Yours very truly,

________________
Signer

cc Lawyer or other related party, if involved

DMCA Notice, Host
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This is a standard Digital Millennium Copyright Act (DMCA) notice to host action. It should be sent to the infringing site’s ISP or Web Hosting Provider, and can be sent to the major search engines for take down. You should be modified to suit your unique needs.

If this does not bring the promised results, then turn the matter over to your lawyer. You may be well advised to consult with your lawyer first, especially if you think the ultimate outcome might be litigation. The information presented hereon should not be construed as direct legal advice. For all matters involving copyright, please consult a qualified attorney.

1. Make multiple copies. Give one to each related party. Keep one in the relevant file.

DMCA Notice to Search Engine

admin — Sun, 12 Apr 2009 17:52:10 +0000

DMCA Notice to Search Engine

Subject: Notice of Copyright Infringement

To Whom It May Concern:

Identification of Copyrighted Work

The copyrighted work at issue is the text that appears on www.mydomain.com and it’s related pages.

Identification of Infringed Material

The following paragraphs, placed in quotes, were used as the search queries in <

Query# 1
“XXX1″

Query # 2
“XXX2″

The URLs of the infringing search results are as follows (With query numbers in parentheses):

My Contact Information:

Name
Address
Phone Number
Email Address

Copyright Infringers Information

{WHOIS DATA}

Copyright Owners Statement

I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.

Yours very truly,

________________
Signer

cc Lawyer or other related party, if involved

DMCA Notice, Search Engine
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This is a standard Digital Millennium Copyright Act (DMCA) notice to search engine action. It can also be used to send to the violators web host. This should be modified to suit your unique needs. Make multiple copies. Give one to each related party. Keep one in the relevant file.

Currently Google requires you to mail or fax your letter, whereas Yahoo and Microsoft (Live Search) both allow you to email your notification.

Send the written communication to the following address:

Google, Inc.
Attn: Google Legal Support, DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
Fax: (650) 618-2680, Attn: DMCA Complaints
Google DMCA:
http://www.google.com/dmca.html

For Yahoo! Inc:
Daniel Dougherty
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089
Email: copyright@yahoo-inc.com
FX: (408) 349-7821
Sent via: Mail
Yahoo Copyright Page:
http://info.yahoo.com/copyright/us/details.html

Windows Live Search (Formerly MSN)

c/o J.K. Weston
One Microsoft Way, Redmond, WA 98052
PH: (425) 703-5529
Email: jkweston@microsoft.com
FX: (425) 936-7329
Send via: Email
http://www.microsoft.com/info/cpyrtInfrg.html

Copyright Cease and Desist Order, Website

admin — Sun, 12 Apr 2009 17:51:39 +0000

Website Copyright Cease and Desist Order

To: _________________________________________________________
Dated: _________________

You are in violation, as you are using a number of works that I own the copyright to. These appear on a site operated by you at <>. I have reserved all rights to this work, which was first published on <> on <>.

Your unauthorized use of the work in the link above is unlawful, pursuant to the federal copyright act. Permission was neither asked for nor granted to reproduce my Work, which constitutes infringement of my rights. In terms of the Copyright Statutes, I believe you have willfully infringed my rights under 17 USC §101, et seq. and you could be held liable for substantial statutory damages as high as $150,000, as set forth in Section 504(c)(2) therein. Attorney’s fees and costs can also be recovered. Moreover, copyright infringement is a direct violation of International Copyright Law and the Digital Millennium Copyright Act (DMCA). Your continued infringement entitles me to an injunction, and puts you at risk for associated damages.

I demand that you immediately cease the use and distribution of all infringing works derived from my work, and all copies of it, and that you remove any further works you may have stolen and that you desist from this or any other infringement of my rights in the future.

Accordingly, if you do not comply within 72 hours, I’ll have no other choice but to initiate contact with your site’s ISP or Web Hosting Provider along with each major search engine. Full litigation will follow.

Yours very truly,

________________
Signer

cc Lawyer or other related party, if involved

This review list is provided to inform you about this document in question and assist you in its preparation. This is a standard first notice requesting a cease and desist action. This can be modified to suit your needs. The information presented hereon should not be construed as direct legal advice. For all matters involving copyright, please consult a qualified attorney.

If the Cease and Desist Copyright notice does not bring the promised results, then you can take further action by sending a Digital Millennium Copyright Act (DMCA) notice to the infringer’s web host along with a DMCA notice to the Search Engines:

Host DMCA Notice

Search Engine DMCA Notice

1. Make multiple copies. Give one to each related party. Keep one in the relevant file.

Bill of Sale

admin — Mon, 06 Apr 2009 17:25:33 +0000

Bill of Sale

This Bill of Sale made on ____________ (Date), by and between ______________ (“Seller”) and _______________________________ (“Buyer”).

Whereas the Seller wishes to sell and the Buyer wishes to buy the property, assets and undertaking described in Exhibit 1 attached (collectively the “Assets”) for the consideration and on the terms and conditions set forth below:

Therefore, this Bill of Sale witnesses that for good and valuable consideration now paid by the Buyer to the Seller at or before the execution and delivery of this Bill of Sale, the receipt and sufficiency of which is acknowledged, the Seller grants, bargains, sells, assigns, transfers, conveys and sets over to the Buyer the Assets, upon and subject to the following terms and conditions:

1. The Seller covenants, warrants and represents that:

(a) Seller has good and marketable title to the Assets, free and clear of any mortgage, charge, security interest, lien, claim, charge or other encumbrance of any nature or kind whatsoever;

(b) Seller has the authority to sell the Assets to the Buyer;

(c) Buyer shall, immediately after execution and delivery of this Bill of Sale, have quiet and peaceful possession and enjoyment of the Assets for its own use and benefit without any manner of hindrance, interruption, molestation, claim or demand whatsoever of, from or by the Seller or any person;

(d) Seller will, from time to time and at all times hereafter, on every reasonable request of the Buyer, make, do and execute or cause to be made, done and executed all further acts, deeds or assurances as may be reasonably required by the Buyer for more effectually and completely vesting in the Buyer the Assets;

(e) Seller to indemnify and save harmless the Buyer from all costs, damages, expenses and other losses resulting or arising from the breach or untruth of any covenant, warranty or representation made or given by the Seller hereunder.

2. This Bill of Sale shall inure to the benefit of the successors and assigns of the Buyer.

____________________ ____________________
Seller Buyer

Date: _______________

Exhibit 1: The Collective Assets Referenced in this Bill of Sale

Bill of Sale
Review List

This review list is provided to inform you about the document in question and assist you in its preparation. Bills of Sale are often forgotten in many transactions that are very important to us such as the purchase of cars, boats, art work, and similarly expensive objects that you later need, or would prefer, to have clear title to. The Bill of Sale provides this audit trail. Make copies and have them available for signature when you buy or sell objects of significant value to you.

1. Make multiple copies with two for yourself and two for the other party. Keep one in your records pertaining to the subject matter and the other in your home safe.

Power of Attorney, Financial Matters

admin — Fri, 27 Mar 2009 15:33:04 +0000

Power of Attorney, Financial Matters

_____________, the “principal,” of ___________, _______, herewith appoints ______________ of ______________, as their attorney in fact, to act in the place and stead and with the same authority as Principal would have to do the following acts:

To conduct any and all business regarding my deposit accounts, loans, safe deposit box, or other banking business in regard to the _______________________, of ____________________. This power shall specifically include, but is not limited to the right to deposit, withdraw, sign checks or drafts, make stop payment orders, and to conduct any banking transactions necessary or possible in regard to my banking relationship with the __________________________.

To execute a deed or other instrument of conveyance conveying my interest in the following real property:
________________________________________________________________

To examine and to order copies of any and all of my educational records, including both financial and student loan and health related records, at the following college, school or other educational institution:
__________________________ of _______________ and any branches thereof.

To represent me before the Internal Revenue Service in regard to the following taxable years and returns:
Forms: ____________ Years: _____________

This power of attorney shall be in effect from _______________ to _________________.

_____________________________________________________
_____________________, As Principal

STATE OF ______________
COUNTY OF _____________

_____________ personally appeared before me and acknowledged the execution of this power of attorney for the purposes set forth therein.

Dated: _______________________________

__________________________________________
Notary Public
My Commission Expires:

Power of Attorney, Financial Matters
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This Power of Attorney is restricted to financial matters. Read up on the other commentary about Power of Attorney issues. This is a serious matter. If you have any doubts, don’t appoint the person.

1. Make multiple copies. Give one to each interested party. Keep a list of who has copies so you can retrieve them if you decide at a later date to revoke these powers.
2. One way to restrict a Power of Attorney is simply to put in an automatic termination date. Then you have to renew in order to have it remain in force and makes it less likely someone can challenge a termination successfully at a later time since you anticipated it in this document.

Promissory Note-In Series

admin — Wed, 18 Mar 2009 15:19:54 +0000

Promissory Note-In Series

$ ______

FOR VALUE RECEIVED, ________, the MAKER, promises to pay to the order of ____________, the HOLDER, the sum of $______ (_______ ____________________ &___/100 dollars) payable at ________, ___________ with interest at the rate of __ percent per annum.
This note is No. __ in a certain series of __ notes.

Should there be a default in the payment of any of the notes, then, at the option of the holder hereof, the remaining notes within the series shall immediately become due and payable.

Upon default, the MAKER shall pay all reasonable costs of collection including attorney’s fees.

________________________________________
MAKER

Promissory Note-In Series
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This is straightforward approach to notes.

1. Make multiple copies. Put a copy in each related file.

Advertisement Agreement

admin — Mon, 16 Mar 2009 16:51:40 +0000

Advertisement Agreement

_______________, referred to as STATION, and _______________, referred to as ADVERTISER, agree:

ADVERTISER shall purchase from STATION advertising in a total amount of $______ (_________ & ___ /100 dollars) to be utilized as provided in the attached schedule.

STATION agrees that it will accept as payment in full, provision of the following goods and services by ADVERTISER to STATION:
__________________________________________________________________

ADVERTISER shall provide copy for all advertisements a minimum of 3 business days before each scheduled start. STATION shall have the right to reject copy or finished broadcasts.

ADVERTISER will indemnify and hold station harmless from claims of defamation or other advertising injury related to its commercial.

As to all goods or services delivered to STATION shall be of an equivalent quality and value as those provided to other customers. STATION may assign the goods or services to be received to others.

This agreement is non-cancelable by ADVERTISER. In the event that advertiser fails to deliver the products timely as provided, ADVERTISER shall be liable to STATION for the cost of cover and consequential damages, if any, caused by the failure to deliver.

Dated: ______________________

___________________________________________
_______________ by an authorized official

Advertisement Agreement
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This Advertising Agreement can be adapted to many different purchases of media. It provides the basic format to do so.

1. Make multiple copies. Give one to the advertiser; keep one in the related file; and keep one in your corporate files.

Trade Secret Agreement

admin — Fri, 13 Mar 2009 15:46:56 +0000

Trade Secret Agreement

_________________, referred to as INVENTOR, and _______________, referred to as LICENSEE, agree:

INVENTOR has the exclusive rights related which is related to _________________________, and the same is a trade secret.

INVENTOR has not disclosed this trade secret to third parties. During the term of this agreement and any renewals or extensions thereof, INVENTOR shall not disclose the process to any party except as authorized herein.

INVENTOR grants to LICENSEE the exclusive right to use the process. INVENTOR shall fully and completely disclose the process to LICENSEE, and shall provide reasonable assistance to LICENSEE in the use of the trade secret. In the event OWNER makes any improvements to the process, the same shall be promptly disclosed to LICENSEE and shall be covered by this agreement.

LICENSEE shall take all precautions, except those which involve gross and impractical economic expense, to keep the process secret. LICENSEE shall render to INVENTOR a periodic report as to the security precautions taken with information related to the secret process and LICENSEE shall implement any requests by the INVENTOR, except for requests which involve gross and impractical economic expense.

LICENSEE shall use its best efforts to exploit the secret process to maximize exploitation of the process.

THE INVENTOR shall not compete with the LICENSEE, and shall not participate in any way in the _______________________________ industry, including ownership, employment and contracting.

LICENSEE shall maintain records under generally accepted accounting principles of all sales made hereunder. OWNER shall have the right to inspect such books and records at any reasonable time.

LICENSEE shall pay a royalty of ____% to INVENTOR of the net selling price of all goods produced under the process. Such payment shall be made on a quarterly basis, with payment and accountings due within 15 days of the end of the quarter.

Such accountings shall be deemed to be final if no objection or request for audit is received by the LICENSEE within 1 year following settlement. In the event of a dispute, the parties shall appoint a disinterested certified public accountant to conduct an audit. Each party may present argument or materials to the certified public accountant. The decision of the certified public accountant shall be final and may be entered as a judgment in any court with jurisdiction. The cost of the audit shall be paid by the prevailing party. In the event that the parties cannot agree on a disinterested certified public accountant, each party shall appoint a certified public accountant and the two shall appoint a third certified public accountant, and the majority of those persons shall appoint the single disinterested Certified Public Accountant. The expense of the panel of appointment shall be borne by each party equally.

This agreement shall commence on ________________ and terminate on ___________________, unless terminated earlier as is provided herein. Upon termination, LICENSEE shall return to INVENTOR all materials related to any disclosure made by INVENTOR, including copies and materials derived from any disclosure and shall execute an affidavit of compliance. INVENTOR shall be entitled within thirty (30) days of the termination of this agreement to make an inspection of the premises to verify compliance.

The duties herein, other than payment due to INVENTOR, shall not be delegated or assigned without the written consent of the other party.

This is the entire agreement between the parties and the same may only be amended in writing.

Dated: ___________________

__________________________________
_________________ By Inventor

__________________________________
_______________ By Licensee

Trade Secret Agreement
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. Trade secret agreements are best served by being one-time payments. This format provides for royalties. To enact the one time payment, remove the royalty payment and include a one-time payment clause.

The reason for this is that trade secrets inevitably “get out” and the burden of royalty payments usually leads to litigation. A one-time payment puts the matter in the past, out of the realm of litigation, as a rule.

1. Make multiple copies. Give one to each party. Keep a copy in the relevant project file.

Free Legal Documents Directory

admin — Sun, 08 Mar 2009 23:51:24 +0000

When we took on the monumental task of providing thousands of free legal forms we quickly realized we’d have some search and organization challenges. As a result, we have put together a legal forms directory of sorts. So, whether you’re looking for free legal documents, legal forms, form letters, or the like, you’ll find everything you’re searching for all in one organized location. For the specific documents you’re looking for review the color-coded category that meets your needs.

Find the forms you’re searching for by visiting our free legal documents directory.

Assignment of Web Site Domain Name

admin — Fri, 06 Mar 2009 18:49:53 +0000

Assignment of Web Site Domain Name

To: Purchaser

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned (“Assignor”) hereby assigns, transfers and sets over unto _________________ (“Assignee”) of ________________ all of its right, title and interest in and to the Internet domain name ____________ (“Domain Name”).

The undersigned represents and warrants that (i) it has the full power and lawful authority to enter into this Assignment, and (ii) it is the lawful owner of the Domain Name.

Assignee shall make a one time payment of $ __________ to the undersigned for all rights under this Agreement.

The undersigned hereby agrees to execute, do and perform such other documents, acts and things as the Assignee may reasonably request to give effect to the foregoing, including but not limited to execution of documentation required by the agency responsible for administering the Domain Name.

Dated:

_____________ _______________
Assignor Assignee

Assignment of Web Site Domain Name
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. Domain name sales have become increasingly common and this provides a simple method to effect such a transaction. This form can also be adapted to other purchases of similar such things such as trademarks, copyrights, and the like.

1. Make multiple copies. Give one to each signatory. Keep one with the transaction file.