Dear Carolyn Wright,
We are writing to inform you that we have received a complaint alleging that copyright infringement is taking place on your site VIVIDWILDLIFE.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.
Copyright Claims Department
——–ORIGINAL NOTE———–Subject: [FWD: Copyright Claim]
Date: Wed, 16 Nov 2011 06:53:13 -0700
——- Original Message ——–Subject: Copyright Claim
From: XXXXXXXXXX Date: Tue, November 15, 2011 5:38 pm
To: firstname.lastname@example.org, /To the Godaddy Hosting Company:/
/ I am the copyright owner of the photographs being infringed at://http://www.vividwildlife.com/Alaska.htm//Copies of the photographs being infringed are included to assist with their removal from the infringing websites. /http://a.img-dpreview.com/Articles/Files/1999431312/image6.jpg?v=1226 http://a.img-dpreview.com/Articles/Files/1999431312/image7.jpg?v=1226/
This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringements. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified postings and prevent the infringer, who is identified by its web address, from posting the infringing photographs to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing photographs upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA. //I have a good faith believe that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder. /
/Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter./