Josh,

A 3rd party has sent us the below takedown notice. We need for you to remove these materials by the end of the day tomorrow, Pacific time (Oct 1st 2013). If you do not take these down for us, we are legally compelled to do it for you; we will do this by blocking access to the server’s IP address.

We are not qualified to adjudicate this copyright concern, but we have checked that that the DMCA notice is in the correct format and performed basic checks to see that the copyright may be held before taking action and forwarding this DMCA to you. What we can do to defend you without opening ourselves up to liability is severely limited by OCILLA.

Even if you do not believe that you are infringing in any way, you still need to take down the allegedly infringing materials. You may, however, send us a DMCA Counter-Notification to request that you be allowed to serve the content again; we would pass this counter-notification on to the 3rd party, and you would be able to bring back online the content only after a ten-business-day waiting period in which we wait for further notification that a lawsuit has been filed, and only if a lawsuit is not filed (we will contact you if the 3rd party tells us that a lawsuit is being filed).

You can file a counter-notification by submitting a document to us containing the following elements:

Identification of the specific materials that were removed or to which you have been disabled access.
Your full name, address, telephone number, and email address.
The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Nuclearfallout Enterprises, Inc. is located, and will accept service of process from the claimant."
The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Signature. A scanned physical signature or a valid electronic signature will be accepted.

When sending a counter-notification, be aware that the original claimant may then proceed with a lawsuit or take other legal action against you. Before sending a counter-notification, we recommend that you consult with an attorney.

By law, we would also need to forward your full counter-notification to the party who submitted the original claim of copyright infringement. Because it includes your personal information, this means that the other party would obtain your name, address, telephone number, and email address. You consent to having your information revealed in this way by sending us the counter-notification.

-Joshua
NFOservers.com




To NFOservers:

I am the copyright owner of the content being infringed at:
74.91.124.142:27095

the infringing content is a garrysmod gamemode named "flood2" that should
be located at "garrysmod/garrysmod/gamemodes/flood" on the server
identified by its IP address above.

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 servers and
prevent the infringer, who is identified by its IP address, from uploading
the infringing content to your servers in the future. Please be advised
that law requires you to “expeditiously remove or disable access to” the
infringing content upon receiving this notice. Noncompliance may result in
a loss of immunity for liability under the DMCA.

I have good faith and belief 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.

Sincerely,

Cristian [Redacted].
Email: [email redacted]