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Discussion Notes
Support Staff Response
Dear Xenghe Ye,
We are writing to inform you that we have received a complaint alleging that copyright infringement is taking place on your site 168NP.COM (HOSTING FOR VALSTEFANY.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: DMCA notice
From: Amberly Hill <amberly@sherrihill.com>
Date: Tue, September 06, 2011 10:52 am
To: abuse@godaddy.com, legal@godaddy.com, copyright@godaddy.com
NOTICE OF COPYRIGHT INFRINGEMENT
Ladies and Gentlemen:
As required under Sections 512(c) (3) and 512(d)(3) of the Digital Millennium Copyright Act (17 U.S.C §§512(c)(3)), I am instructed to place you on notice that:
1. Sherri Hill, Inc. (The Owner) is the exclusive owner of the copyrights for Sherri Hill™® and images shown at www.sherrihill.com andwww.alishahill.com
2. I have a good faith belief that the use of the infringing material is not authorized by the Owner, its agents or the law.
3. The information in the Notice of Copyright Infringement is accurate and under penalty of perjury, I am authorized to act on behalf of the Owner.
4. Therefore, this letter is an official notification under provisions of section 512(c) of the U..S. Digital Millennium Copyright Act for the immediate removal of the detected infringements listed in this report. The exact location of the infringement is:
 ,
 ,
http://www.valstefany.com/sherri-hill-prom-dresses-style-7404-p-14904.html
http://www.valstefany.com/sherri-hill-prom-dresses-style-2446-p-14811.html
http://www.valstefany.com/sherri-hill-prom-dresses-style-2426-p-14804.html
http://www.valstefany.com/sherri-hill-prom-dresses-style-3718-p-14877.html
http://www.valstefany.com/sherri-hill-prom-dresses-style-8300-p-14910.html
http://www.valstefany.com/prom-dresses-sherri-hill-prom-dresses-c-236_264.html?page=2&sort=3a
http://www.valstefany.com/prom-dresses-sherri-hill-prom-dresses-c-236_264.html?page=3&sort=3a
http://www.valstefany.com/prom-dresses-sherri-hill-prom-dresses-c-236_264.html?page=4&sort=3a
http://www.valstefany.com/prom-dresses-sherri-hill-prom-dresses-c-236_264.html?page=5&sort=3a
http://www.valstefany.com/prom-dresses-sherri-hill-prom-dresses-c-236_264.html?page=6&sort=3a
http://www.valstefany.com/prom-dresses-sherri-hill-prom-dresses-c-236_264.html?page=7&sort=3a
This site is full of Sherri Hill images. The product they are selling is a fake knock-off product.
Please remove all Sherri Hill content from your site.
I hereby request that you immediately remove or block access to the infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with others Sherri Hill, Inc. materials in the future. Please send me a prompt response indicating the actions you have taken to resolve this matter. Nothing in this letter shall serve as a waiver of any rights or remedies of Sherri Hill, Inc. with respect to the alleged infringement, all of which are expressly reserved. Should you need to contact me, I can be reached at the following address:
Amberly Hill
Sherri Hill, Inc.
Tel: 405-310-3030 main line
Email: Amberly@sherrihill.com
--------------------------------------------------------------------------------
If you need further assistance with this matter, please reply to this email and reference [Incident ID: 12767694].
Regards, |
GoDaddy
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