Godaddy Copyright Dispute Notice

Dear Sir,

We are writing to inform you that we have received a complaint alleging that copyright infringement is taking place on your site FACTS4U.COM. It appears that the website contains material being copied, reproduced, or otherwise displayed without the consent of the owner/copyright holder.

Infringing on the copyrights of others is a violation of the Go Daddy Hosting Services agreement (http://www.godaddy.com/gdshop/legal_agreements/show_doc.asp?pageid=HOSTING%5FSA ), as well as the Domain Name Registration Agreement (http://www.godaddy.com/gdshop/legal_agreements/show_doc.asp?pageid=REG%5FSA ).

We have included the original complaint we received regarding this matter (below) to help you identify the problem.

This notification was submitted pursuant to the Digital Millennium Copyright Act and Go Daddy’s Copyright and Trademark Infringement Policy. Please review Go Daddy's Copyright Policy found at https://www.godaddy.com/gdshop/legal_agreements/copyright_trademark.asp.

In accordance with this policy, as well as your hosting agreement, we have suspended this hosting account until this matter can be resolved, or until you submit a complete counter notification as described in the policy.

PLEASE NOTE: As a web hosting provider, it is not our position to act as the arbiter of intellectual property disputes or to judge who is right or wrong in a claim of infringement. We are a neutral party in this matter and at no point in this matter will we attempt to determine who, if anyone, is right or wrong. Please understand that we are not a court, nor do we have the ability or jurisdiction to determine potential fault in this case. As a result, with the exception of the above-mentioned counter notification, there is no need to send further dispute claims on this matter.

A list of the specific portions of your site in question is included below. For detailed questions, you will need to contact the Complainant at the address listed below.

 Description of the Infringement(s)

 SEE NOTIFICATION BELOW

 Complainant:

 SEE NOTIFICATION BELOW

In order to resolve this situation and re-activate your site, you have 2 options.

Option 1: Remove the content that is the subject of the copyright complaint.

In order to reactivate the site in question we will need you to provide the following information in a single email response:

   A. An electronic signature. (This can be a scanned copy of your physical signature, or as simple as typing your full name.)
   B. Identification of the material in question.
   C. A statement, under penalty of perjury, that the material has either been removed or promptly will be removed.

Option 2: Submit a complete counter notification regarding the works in question in accordance with our Copyright Infringement policy. You will need to reply via email and include all of the following elements:

   A. An electronic signature. (This can be a scanned copy of your physical signature, or as simple as typing your full name.)
   B. Identification of the material that has been 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.
   C. A statement under penalty of perjury that you have 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.
   D. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district of Arizona, or if your address is outside of the United States, for any judicial district in which Go Daddy may be found, and that you will accept service of process from the Complaining Party or an agent of such Party.

If you have any further questions, please let us know.

Thank you,

Molly
Copyright Claims Department
GoDaddy.com
CopyrightClaims@GoDaddy.com



======================

-----ORIGINAL COMPLAINT-----

======================
Subject: Copyright violation
From:rockney@chick.com
Date: Wed, 12 Oct 2011 13:05:25 -0700
To:copyrightclaims@godaddy.com

Dear Sirs:

This notice is to inform you of a copyright violation occurring on a website
registered through godaddy.com. The copyrighted work is a cartoon booklet
written by Jack T Chick, with the copyright held in the name of the Jack T
Chick LLC of California. Chick Publications, Inc. is the exclusive licensed
publisher of his material. We display this booklet on our website in our
samples section and sell them in bulk to resellers and individuals on the
website www.chick.com.

On the domain www.facts4u.com, registered by godaddy.com, the artwork from
this booklet is duplicated, with the violator's text added in place of the
original text written by Mr. Chick. Your customer is welcome to say
whatever he wishes, and is welcome to parody our publication if he wishes to
do so, but the law requires that he create his own artwork, not copy that of
Mr. Chick.

The original copyrighted work is found here:
http://www.chick.com/reading/tracts/0055/0055_01.asp

The illegal copy, with changed text, is found here:
http://www.facts4u.com/OffSite_Stored_Pages/wyd_files/wyd01.htm

Please assist your customer in removing this copyrighted material from his
website. I certify that I am the Treasurer of the Chick Publications, Inc.,
the exclusive licensed publisher of this work. We are obligated by our
contract with the copyright holder to defend his copyright. I further
certify that the owner of the website www.facts4u.com does not have
permission to duplicate this artwork to publish it on his own website. I
certify, under penalty of perjury, that this information is correct. I
further certify that Chick Publications, Inc. has a good faith belief that
use of the copyrighted material described herein is not authorized by the
copyright owner, its agent, or the law.

If you have additional questions you may contact me here:

Ronald L Rockney, Treasurer

Chick Publications, Inc., a California corporation

8780 Archibald Ave.

Rancho Cucamonga, CA 91730

909-987-0771


If you need further assistance with this matter, please reply to this email and reference [Incident ID: ********].

Regards,
Copyright Claims
When I contacted GoDaddy Corporation for "further assistance," I was merely told to comply to the directives designated in the email or else.

The above material became my possession when it was sent to me personally. I give full permission to anyone who wishes to copy and distribute this personal correspondence sent to me, providing you include my introductory note (Introductory_Note_to_GD_Notice.html).

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