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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

Notice to Tenant to Leave or Pay

admin — Wed, 11 Mar 2009 19:48:43 +0000

Notice to Tenant to Leave or Pay

To: ________________________
____________________________
____________________________

Re: ________________________

Rental due for the premises described above are due for monthly, in a total amount of $_______ (_____________________&___/100 dollars.) Pursuant to ______________ law and the lease on these premises, you must either pay all rentals due no later than 3 days, together with any late fees, or vacate the premises no later than _____________.

If all rental which is past due is not paid, legal or other enforced collection action shall be taken to recover the rental. If permitted by law, legal costs will also be added to the amounts due.

This is an attempt to collect a debt. Any information gained may be used to collect this debt. The creditor is _______________. If you dispute this debt in writing, verification will be provided.

Dated: _________________________

______________________________________________________
For ________________________, Landlord

Time posted/delivered:

By Fax, if available:
By Email, if available:

Notice to Tenant to Leave or Pay
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. Notice to quit is an important step in an eviction process. It provides a last warning to the tenant as well as sets the stage for formal eviction procedures.

1. Make multiple copies. Attach one by email, fax one, and mail one, if possible. Keep one copy in the transaction file.

Rent Increase Notice

admin — Wed, 11 Mar 2009 19:45:27 +0000

Rent Increase Notice

Dear: ___________

We appreciate your tenancy. Due to general cost increases, we reluctantly are required to increase your rent. This letter is to advise you formally that your rent is being increased to $ ________ per month as of ______________ (Date).

This increase does not affect any of our mutual obligations under your lease. For example, your rent due date will remain the first of the month or before.

Thank you for your understanding of the cost pressures on us as we do those upon yourself. We appreciate your tenancy and hope you will remain for a long time.

Best regards,

____________
Landlord

____________
Date

Rent Increase Notice
Review list

This review list is provided to help you create the Rent Increase Notice. This letter should be sent as soon as you have determined that a rent increase is in order and/or allowed under your lease or agreement with the tenant. Sending this letter immediately adds credibility to the landlord’s contention that cost increases force this decision on your part. Note that while this is a big and good day for the landlord, it is a bad one for the tenant. Be as nice and reasonable as you can in your correspondence while retaining a firm position that the increase is required.

1. The Rent Increase Notice should be signed by a representative of the landlord. Make sure to keep a copy of the letter with all of your documents concerning that tenant, such as the lease and late notices or other documents.

2. This letter should be addressed to the tenant at the leased premises address. Smart landlords are obtaining email and fax numbers for their tenants. This makes for faster and easier correspondence. Many tenants respond better to an email, for example, when they hardly ever respond to regular mail. This is especially true of younger people, more accustomed to email, who are a large portion of the renting population. If the tenant is a corporation, it is more effective to address the letter to an individual known to you than to a department name.

3. Remember that, to a large degree, this is a sales letter—you are trying to “sell” the tenant amicably on accepting your rent increase, remaining a satisfied tenant, and doing no harm to the premises. It doesn’t hurt to start out nicely; you can get tough later, if required. However, remember, that most venues favor the tenant over the landlord so you are well advised to use encouragement more than legal tactics to get the results you want.

Life Insurance Information, Ratings

admin — Tue, 10 Feb 2009 16:14:50 +0000

Life Insurance Information, Ratings

Marketing Department
Moody’s Investors Service
99 Church St.
New York, NY 10007

Re: Life Insurance Information

Dear Sir or Madam:

I understand that your company provides ratings of life insurance companies. Please explain how information may be obtained regarding a specific company and provide a brochure(s) if available. Please indicate whether ratings information is only available in written form, or whether it can also be obtained by telephone (and if so, please provide the telephone number).

I am interested in obtaining information regarding _______________________.

If there is a charge for the service, please indicate the amount or provide a fee schedule.
Please send this information to me at the address given above. You may contact me if you have any questions or need additional information. Thank you for your assistance.

Best regards,

_____________
Signer

Life Insurance Information, Ratings
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. Moody’s provides a first rate ratings system for insurance companies. It is well worth your while, in the spirit of well care, to write them.

Service Complaint, Adjustment Request Form Letter

admin — Wed, 31 Dec 2008 18:24:23 +0000

Service Complaint, Adjustment Request

August 18, 2001

Dear Sir or Madam:

This letter is being written to you to seek your help in correcting a service problem we had with your firm. Your firm has a good reputation for service so we are sending this letter to you in hopes you will continue that tradition by making an adjustment to our bill.

Your firm was paid $ ______ on _________ (Date). We contacted you to get an adjustment because: ______________________________

The most appropriate resolution for this problem, we believe, is for you to refund the full cost of the service.

Please send us your check for the above amount by return mail or let us hear from you regarding another suggested resolution of our problem that you may have.

Thank you in advance for your prompt attempt to resolve our mutual problem and your expected timely response to my letter.

Best regards,

_____________
Writer

Enc. (Any pertinent documents you have)

Service Complaint, Adjustment Request
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. Service complaints that gently but firmly state their case receive the best responses from these kinds of firms. These firms receive lots of these letters and have learned, over time, which clearly stated complaints, conveyed with an unemotional and non-accusatory tone, tend to be the most accurate and deserving of a conciliatory response. In addition, on a perfectly human basis, people would rather respond to reasonable polite complaint rather than an emotional and seemingly unreasonable one.

Therefore, we believe the best initial approach is a letter that provides the recipient time to reflect upon it without taking a fast defensive tone, which phone calls tend to elicit. The quick “no.” on the phone, is often just a preliminary attempt by the recipient of the call, in this case a Service provider, to stop an “attack,” as they perceive it. However, though many recipients of these phone calls change their tactics as the phone call progresses, a letter sent to them prevents their need to give a quick “no” defensively. It lets them review the document at their own leisure and respond accordingly.

1. Use your one chance to make a first impression by being supportive and reasonable, as this Service Complaint letter does.

2. Offer the Service provider a clear solution that they can say “yes” to immediately. Don’t leave it open ended.

3. Be courteous and even-tempered in all such dealings. One reason for writing is you avoid the pitfall of getting upset and getting into an argument. Written correspondence keeps matters on an even keel as well as maintaining your control over the process. In fact, we suggest you avoid phone calls to avoid spinning off on a tangent and watching your refund opportunity vanish in that process.

Surrender of Lease and Premises, by Tenant

admin — Tue, 30 Dec 2008 17:51:10 +0000

Surrender of Lease and Premises, by Tenant

This Surrender of Lease (“Agreement”) dated ______________, by and between _______________(“Landlord”) and _____________ (“Tenant”).

Whereas by a lease (“Lease”) dated ________, and premises described in the attached Exhibit 1 (“Leased Premises”) for a term __________ years upon and subject to the terms and conditions contained in the Lease; and,

Subject to the provisions hereinafter contained, the rents reserved and contained in the Lease have been completely paid, and the parties have agreed that the Tenant has surrendered the Leased Premises and the Lease to the Landlord as of ___________, (“Termination Date”) in order that the estate, term and interest of the Tenant therein may merge and be extinguished upon the terms hereinafter contained.

Therefore in consideration of the premises and the terms and conditions hereinafter set forth, other good and valuable consideration and the sum of one dollar now paid by each party to the other (the receipt and sufficiency of which are hereby acknowledged), the parties agree as follows:

1. The parties acknowledge, confirm and agree that the foregoing recitals are true in substance and in fact.

2. Tenant surrenders to Landlord, as of Termination Date, Leased Premises and Lease and all rights hereunder to the intent that the unexpired residue of the term of Lease and any renewals shall be merged and extinguished in the reversion, and Tenant hereby releases in favor of Landlord, as of Termination Date, all of its right, title and interest in and to Leased Premises and Lease.

3. From and after Termination Date (but, for greater certainty, not before such date), each party releases, remises and forever discharges the other from the performance of all covenants contained in Lease and the obligation for all claims hereunder thereafter arising and the parties agree that as and from such date (but, for greater certainty, not before such date), Lease shall be of no further force and effect and the parties shall be relieved of all further liability and obligation under Lease.

4. Each party represents and warrants with the other that it has the good right, full power and authority to assign and surrender Leased Premises and Lease in the manner aforesaid, and that, as of Termination Date, none of the parties shall have executed any other instruments, deeds, or other documents pursuant to which Lease and the unexpired residue of the term thereof, shall in any way be charged, encumbered, assigned, or otherwise transferred.

5. Each party agrees with the other that it will, at all times hereafter, upon the reasonable request of any of the other parties, execute all such further documents in respect of the surrender of Leased Premises and the lease as may be required to give effect to this Agreement.

6. This Agreement shall inure to the benefit and be binding upon the parties hereto, their respective successors and assigns.

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

________________ _________________
Landlord Tenant

________________
Witness

Enc. Exhibit 1: Description of Leased Premises
Exhibit 1: Description of Leased Premises

Surrender of Lease and Premises by Tenant
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This document finalizes an old Landlord/Tenant/Lease situation and extinguishes the liabilities between the parties. It is not always done but is a helpful form of legal well care.

1. Keep signed copies with the original Lease it relates to. This is normally your last legal dealing with the Lease in question so you can put these final papers in permanent storage, as a rule, after this document is completed and signed off on by both parties. If you are the Landlord, this document may have some value for a New Tenant in this space. Otherwise, it is rarely used in an active capacity after signature.

Surrender of SubLease and Premises, by SubTenant

admin — Sat, 27 Dec 2008 00:07:02 +0000

Surrender of SubLease and Premises, by SubTenant

This Surrender of SubLease (“Agreement”) dated ______________, by and between _______________(“Tenant”) and _____________ (“SubTenant”).

Subject to the provisions hereinafter contained, the rents reserved and contained in the Lease have been completely paid, and the parties have agreed that the SubTenant has surrendered the Leased Premises and the Lease to the Tenant as of ___________, (“Termination Date”) in order that the estate, term and interest of the SubTenant therein may merge and be extinguished upon the terms hereinafter contained.

1. The parties acknowledge, confirm and agree that the foregoing recitals are true in substance and in fact.

2. SubTenant surrenders to Tenant, as of Termination Date, Leased Premises and Lease and all rights hereunder to the intent that the unexpired residue of the term of Lease and any renewals shall be merged and extinguished in the reversion, and SubTenant hereby releases in favor of Tenant, as of Termination Date, all of its right, title and interest in and to Leased Premises and Lease.

6. This Agreement shall inure to the benefit and be binding upon the parties hereto, their respective successors and assigns.

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

________________ _________________
Tenant SubTenant

________________
Witness

Enc. Exhibit 1: Description of Leased Premises
Exhibit 1: Description of Leased Premises

Surrender of SubLease and Premises by SubTenant
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This document finalizes an old Tenant/SubTenant/Lease situation and extinguishes the liabilities between the parties. It is not always done but is a helpful form of legal well care.

1. Keep signed copies with the original Lease it relates to. This is normally your last legal dealing with the Lease in question so you can put these final papers in permanent storage, as a rule, after this document is completed and signed off on by both parties. If you are the Tenant, this document may have some value for a New SubTenant in this space. Otherwise, it is rarely used in an active capacity after signature.

Credit Card, Negotiations for Better Terms

admin — Mon, 22 Dec 2008 18:36:17 +0000

Credit Card, Negotiations for Better Terms

Name on Account:
Account Number:

Dear Customer Services Representative:

This letter serves as notification of my refusal of the new terms offered by you in connection with my credit card. Please cancel my credit card unless you will do the following: _____________________________________________________________
___________________________________________________________.

I will assume that the account has been closed unless I hear that you have modified your terms as requested above.

Thank you for your good services to date, which have been much appreciated.

Please let me know of your decision at your earliest convenience but without disrupting your normal review process timetable.

Best regards,

___________
Writer

Credit Card, Negotiations for Better Terms
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This letter is an attempt to negotiate better terms with your Credit Card company. As with most negotiations (see also our Negotiations Handbook disc), your most promising approach is to narrow your focus. In this case, you should either ask for an elimination or reduction of the annual fee or a lower interest rate on unpaid balances. To ask for both is to risk getting neither. The best way to eat the elephant is one bite at a time. If you focus on one item, and get it this year, ask for the other one next year. Credit card companies, as with most suppliers, are apt to accept small concessions, one at a time. This one may be small enough to be discharged by the first level of order clerk. If so, you will probably get it. Then, take the same tactic next year and perhaps you can get that as well. As Wall Street says, “Be a bear, be a bull, but don’t be a pig!”

Past Due, First Notice

admin — Fri, 12 Dec 2008 17:22:26 +0000

Past Due, First Notice

Dear ______________:

The enclosed invoice (s) is (are) past due, for a total sum of $ _______________. We would appreciate your prompt payment so we can keep growing our businesses together.

Yours very truly,

____________
Employee Authorized

PS. If your payment is in the mail, many thanks for keeping current.

Past Due, First Notice
Review List

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

1. This is a tactical letter to alert the customer you are aware his or her account has become past due. Since some businesses do not pay on a routine basis until this kind of letter is received, you should always get this letter out promptly to new accounts. Once you are in business with an account for some period of time, you can establish the approaches that best bring in payments (e.g., calls, faxes, emails, letters, or some combination of these approaches).

2. You should avoid threats of all kinds in the first notice of collection. However, having said that, you must remain vigilant that your Accounts Receivable does not become too old. Experienced Credit Managers know that A/R over 90 days past due are only collected in a small percentage of cases. Therefore, the issue is not just the date of payment but also to assure any payment at all.

See Related: Past Due Final Notice