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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.

Extending Closing or Completion Date

admin — Mon, 02 Mar 2009 17:54:28 +0000

Extending Closing or Completion Date

This Agreement extends the closing date for the Original Agreement between the parties dated ___________ and attached as Exhibit 1.

The parties wish to extend the date for completing the transactions contemplated by the Original Agreement to _____________ (“Extended Date”) on which transactions contemplated by Original Agreement are to be completed.

In consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The parties agree that the recitals above are true and correct in all material respects.

2. The parties agree that the Original Agreement is hereby modified and amended by extending the date for completing the transactions contemplated by the Original Agreement to Extended Date on which obligation to be performed.

3. The parties hereby confirm that (i) all other terms and conditions of the Original Agreement are in full force and effect, unamended except as expressly provided in this Agreement; and (ii) time shall remain of the essence.

4. This is the entirety of the Agreement. Any changes must be made in writing and signed by both parties.

IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as of the date written below.

__________________ ___________________
First Party Second Party

__________________ ___________________
Witness Witness

Extending Closing or Completion Date
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. Formalizing extensions is always a wise practice for both sides. You can easily modify this for most circumstances whether in real estate, consumer, or business transactions.

1. Make multiple copies. Give one to each signatory. Keep one with the transaction file. If especially important to you, put one in your home safe.

Seller’s Confirmation of Receipt & Acceptance of Order

admin — Wed, 11 Feb 2009 18:32:50 +0000

Seller’s Confirmation of Receipt & Acceptance of Order

To:
______________________
______________________
______________________

Date: __________, 20__, No._____

We hereby confirm your order for the following goods:

Item: ___________________________
Terms of Shipment: ______________
Delivery Date: __________________
Delivery Point: _________________
Terms of Payment: _______________

All prices herein are exclusive of sales, use, and other excise taxes. All such taxes, and any other taxes measured, in whole or part, by gross receipts applicable to this transaction are to be borne by the purchaser. All export, import and other duties, tariffs and customs shall be paid by the purchaser. If exemption is claimed by the purchaser from any of the foregoing, the purchaser shall furnish satisfactory proof of such tax exemption.

___________________________________
SELLER

Date: ______________________________

Seller’s Confirmation of Receipt & Acceptance of Order
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This document can be modified to reflect nonconforming elements about your customer’s order, unacceptable payment terms, and the like. This is a well care document designed to let your customers know you have received their order and how you plan to proceed. It also serves to cut down on incoming calls, faxes, emails, and letters because you have acted promptly in letting them know what’s what.

1. Make multiple copies. If possible, fax one to the customer. Keep a copy in the transaction file.

Declaration Under the Penalty of Perjury, Notary Statement

admin — Mon, 05 Jan 2009 16:34:24 +0000

Declaration Under the Penalty of Perjury, Notary Statement

STATE OF ___________________
COUNTY OF __________________

_______________________, herewith declares under the penalties of perjury:

That they are competent under the law to give this declaration and unless stated have personal knowledge of the facts stated herein:
____________________________________
Notary
Expiration Expires

Declaration Under the Penalty of Perjury, Notary Statement
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This statement can go at the end of a notary witnessing, if you so choose. It is a more formal and pointed way for the notary to witness a signature.

Soldier’s and Sailor’s Relief Act, Notice of Applicability of

admin — Mon, 29 Dec 2008 20:23:06 +0000

Soldier’s and Sailor’s Relief Act, Notice of Applicability of

__________________________
__________________________
__________________________

Please take notice that the Soldiers’ and Sailor’s Civil Relief Act is applicable to our contract regarding ___________________________________. This act is applicable due to ___________________.

Dated: __________________

___________________________________
__________________________ By Principal

Soldier’s and Sailor’s Relief Act, Notice of Applicability of
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This Act has special and specific waivers of notice and other related stays to protect military members from being put in default automatically without personal service of legal papers and other related things. This document can serve to inform the other side that this Act applies in this case. It can be sent by a lawyer or an individual. It is not legally binding since it is just notice, though it has legal meaning as a protection to someone covered under the Act. It is referred to specifically in most small claims court proceeding documents. Therefore, if the individual is covered, it is important to make the court aware of this fact, or any other court and party in a related matter—to protect the individual’ interests.

1. Make multiple copies. Get a receipt from the person to whom the notice is sent, such as a fax receipt or overnight delivery service receipt.

Creditor Demand, Response to One

admin — Fri, 19 Dec 2008 16:45:50 +0000

Creditor Demand, Response to One

Option One: You acknowledge the debt and know it must be paid. However, you believe you are entitled to an offset or reduction, need time to pay the debt, and/or wish to seek an overall reduction in the debt in either an absolute or percentage amount.

Date:

Dear ___________ (Creditor):

Thank you for your letter of _______________. .

We want you to know we take your concern very seriously, as expressed in your letter. In that regard, we wish to make the following explanation and provide the following information:

______________________________________________________________________

We hope you understand our concerns and hope you will seriously consider compromising your claim as a result. We would welcome your thoughts on the matter so we can settle this amicably for all parties. Please contact us at your convenience to discuss the matter further.

Please direct any future communication to me as follows:

__________________________ (Best address; best phone number; email address, if preferred).

Yours very truly,

_____________

Option Two: You dispute the debt in question. It is not a secured debt so you feel comfortable in disputing it strongly because specific collateral cannot be liquidated under the claim (such as your car under an auto loan or house under a secured mortgage).

Date:

Dear ___________ (Creditor):

Thank you for your letter of _______________. .

We want you to know we take your concern seriously, as expressed in your letter. In that regard we wish to make the following explanation about our reasons for disputing this debt and provide the following information for your review:

______________________________________________________________________

You should recognize our position that this debt is disputed in its entirety for the reasons stated above. We welcome your thoughts on the matter so we can settle this amicably for all parties. Please contact us at your convenience to discuss the matter further.

Please direct any future communication to me as follows:

__________________________ (Best address; best phone number; email address, if preferred).

Yours very truly,

_____________

Option Three: You acknowledge the debt in question and it is secured by collateral that is important to you (such as your car or house). You need time or a new plan to pay the indebtedness either because you simply do not have the money or temporary circumstances are preventing you from making all of the payments.

Date:

Dear ___________ (Creditor):

Thank you for your letter of _______________. .

We want you to know we take your concern very seriously, as expressed in your letter. In that regard, we wish to make the following explanation about our reasons for currently not being able to pay our obligations in a timely manner. In that light, the following information is provided below for your review:

______________________________________________________________________

You should recognize our position that we owe this debt but are unable to pay it under the current payment plan because of the unfortunate circumstances stated above. We would welcome the opportunity, at your convenience, to discuss the matter more thoroughly and see if we can settle on a modified but temporary repayment plan until we can once again commit to making regular payments under the original payment plan.

Please contact us at your convenience to discuss the matter further and set up a meeting for a thorough discussion of possible options that will suit your needs and we can responsibly commit to making at this time.

Please direct any future communication to me as follows:

__________________________ (Best address; best phone number; email address, if preferred).

Yours very truly,

_____________

Credit Demand, Response to
Review List

This review list is provided to inform you about the document in question and to assist you in completing it.

1. You have one chance to make a first impression. It is important that your first contact with the other side is respectful and firm. Keep in mind that this is an occasional problem for you. It is their life. Collections is a very big business. This is personal for you but not for them, unless you make it that way. We encourage you to be respectful to them in all your conduct because they encounter that approach rarely and, like most people, will respond better to good treatment as long as you do not appear “weak” or “vulnerable.” In addition, more practically, the writer representing the creditor usually has substantial discretion to settle and revise indebtedness. If you are respectful and make a sound case, they will be more apt to use their discretion in your favor to reward your behavior and earn their fee at the same time. Therefore, you have the opportunity to have a win/win for both sides.

2. Your objective in your contact is to gauge what they can do. What are the limits of their authority to compromise your debt, eliminate the indebtedness entirely, and/or set up a new payment plan. Interestingly, most Collections people do not alert the debtor as to their ability to negotiate. As a result, a lot of deals don’t get done. Open-ended questions by you can get you a better sense of what they can do. Such questions are, “What can you do to settle this debt?” “What options can you present that your client might be willing to accept?” And so on and so on.

3. The writer or negotiator writing the letter, except in the case of a secured house or car loan, rarely expects to get “all” the money at once. They are authorized to compromise. You need to let them maintain the fiction of “higher authority” (that is, their client decides the final amount, etc., etc.) so they are able to show more concern for your side of the equation rather than be harsh with you in a one on one negotiation. This approach, then, helps both sides reach a meeting of the minds. You, too, can do the same thing. For example, “I would love to pay right now but my wife/husband/partner won’t abide by it.” You need to state this credibly so you relieve the harshness of the discussion; however, do not take it too far because the other side “knows” better.

4. After a preliminary conversation or meeting, you should have the parameters in mind and should be able to determine whether you can or cannot meet them. If you can, do it. If you cannot, then you probably have litigation in your future and should refer the matter over to a lawyer first for their advice and secondly to prepare any legal steps required in your defense.

5. As to the letter itself, you must sign it and include as much detail as possible about the whys and wherefores of the deal. Copies of the information related to this situation should be put together in a clear concise format. This enhances your position, in the eyes of the creditor, as to your being a responsible debtor and shows your preparation for negotiations. Set up your own file with the same copies. We recommend numbering your copies so you have an orderly file that can be referred to in sequence (that is, document 1, 2, 3 and so on).

6. As with any document in this CD, if you have any questions or concerns about your rights, responsibilities or obligations in this matter, consult an attorney.

Promissory Note, Demand

admin — Tue, 16 Dec 2008 16:52:59 +0000

Promissory Note, Demand

$ ______________ (Face Value or Principal Note) ______________ (Date)

For value received, the undersigned _____________________________________
(“Borrower”), _________________________________________ (Address), promises to pay to the order of ____________________________________(“Lender”), the sum of $ _____________, with interest on unpaid principal of 1.5% per month or 18% per year, upon the demand of the Lender (“Due Date”), at _______________________________ or other place designated by the Lender.

Unpaid principal after the Due Date, occurring after the demand of the Lender as stated above and as of that date, shall accrue interest at a rate of 2% per month or 24% annually, or the highest amount allowed by law, until paid.

Any payments on this Note shall first be applied against legal or collection costs until paid in full, as then may be due, and then against outstanding interest until paid in full, as then may be due, and finally applied to the outstanding principal balance.

1. Prepayment. The Borrower reserves the right to prepay this Note (in whole or in part) prior to the Due Date with no prepayment penalty.

2. Collection Costs, Attorney’s Fees, and Late Charge. If any payment obligation under this Note is not paid when due, the Borrower promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process, without protest of any kind, legal or otherwise. If the note remains unpaid for an additional 30 days after Lender gives demand, the Borrower shall be required to pay a 5% late charge based on the principal still remaining due on the Note at that time.

3. Default Events. If any of the following events of default occur, this Note and any other obligations of the Borrower to the Lender, shall become due immediately, without demand or notice:

1) failure of the Borrower to pay the principal and any accrued interest in full on or
before the Due Date;

2) death of the Borrower or Lender;

3) filing of bankruptcy proceedings involving the Borrower as a Debtor;

4) application for the appointment of a receiver for the Borrower;

5) making of a general assignment for the benefit of the Borrower’s creditors;

6) insolvency of the Borrower;

7) a misrepresentation by the Borrower to the Lender for the purpose of obtaining or
extending credit.

4. Borrower Waivers. Borrower waives presentment for payment, protest, and notice of protest and nonpayment of this Note.

5. Additional Lender Rights. No renewal or extension of this Note, delay in enforcing any right of the Lender under this Note, or assignment by Lender of this Note shall affect the liability or the obligations of the Borrower. All rights of the Lender under this Note are cumulative and may be exercised concurrently or consecutively at the Lender’s option.

6. Notices.

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or a recognized over night delivery service such as FedEx.

If to the Borrower: ______________________________________________________.

If to the Lender: ________________________________________________________.

7. No Waiver.

The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.

8. Entirety of Agreement.

The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties.

9. Governing Law.

This Agreement shall be construed and enforced according to the laws of the State of ____________________ and any dispute under this Agreement must be brought in this venue and no other.

10. Headings in this Agreement

The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.

11. Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

In Witness whereof, the parties have executed this Agreement as of the date first written above.

_________________________ _______________________
Borrower Lender

Promissory Note, Demand
Review List

This review list is provided to inform you about the document in question and assist you in its preparation. The tough language involved in this document is required to improve your chances of collecting on a defaulted note. As a rule, these kinds of notes are subject to collection problems with the borrower. The lender can forebear if he or so chooses. However, strict terms are required to improve the odds of ultimate collection.

We recommend a Balloon Note instead of this one because there is a predictable end point for all parties. Whether you use a Balloon Note or this Demand note, either kind should be used, in our opinion, if a friend or family member requests a loan. The best result can be for the prospective borrower to decide they do not want to undertake the risks of such a loan. Good; you are off the hook.

If you are the borrower desiring a loan from a family member or friend, this is a good document to use if you mean it. If that person shows the document to a financial advisor or attorney, they will report that you are “serious” about repayment and have provided the appropriate protections. This, in fact, is exactly what happened to me in my first company, the Umbroller stroller company, when my partner and I both used family loans. Both were repaid in full and complete satisfaction to the parties, in part, because the terms of the loan were binding upon our Corporation and thereby influenced our financial backers to repay the loans as due. On a personal basis, because we put tough terms on ourselves, our families didn’t feel like irresponsible fools for giving us the money!

This is a simple straightforward document that only requires the signatures of the party. If you are concerned about any later dispute, and being on the safe side is always prudent, we recommend you obtain a notary verification and signature as well.

There should be only one original of this document; multiples imply multiple obligations by the borrower. The lender should keep the original in a home safe or safety deposit box. Copies can be kept as desired, by the parties.