elo

Hello,

We have been approached for content present on the website fonline2.com that you host on ns338482.ip-37-187-166.eu dedicated server.

We send you here after the email that we received.

In compliance with our contractual terms, we thank you for agreeing to take note of this email and keep us informed in the shortest possible time, suites you plan to give this file.

Best Regards,

OVH
legal Service

-------
Dear

By this notice and in accordance with the provisions of Law No. 2004-575 of 21 June 2004 on confidence in digital economy (LCEN) We write in our Bethesda Softworks LLC company consulting quality (the after "Bethesda ") affiliated with the company ZeniMax Media Inc. (after" ZeniMax ").
Bethesda holds many brands "FALLOUT" (together the "Marks FALLOUT") filed across the world, a list of which is annexed to the present for your perfect information. It is also copyright holder of many visual video game "Fallout" (hereinafter after the "Visual FALLOUT").
Bethesda and ZeniMax have developed specific best practice guidelines to guide any use of their intellectual property Elements, including FALLOUT Brands and Visual FALLOUT, and very actively monitor any non-authorized use to punish pro-actively and force such unauthorized use.
Hereby we inform OVH SAS and all its affiliated companies (together "OVH") that the content (hereinafter after the "Illegal Content") hosted by OVH under the domain FONLINE2.COM, (hereinafter after the "Domain Name Illegal ") violates the intellectual property rights of Bethesda as mentioned above.
Our client has indeed finds that it follows heberge website under the domain name Illicit it reproduces without his consent (i) FALLOUT Brands but also (ii) some of the Visual FALLOUT to designate a same kind of product , namely a downloadable video game online.

In this regard, you will find enclosed non-exhaustive screen copies of this Illegal Content on FALLOUT Brands which are reproduced and a comparative table of examples of Visual FALLOUT and visuals appearing on the web site under the name heberge Domain Illicite.

As you will see from reading these documents, reaching scope to Bethesda rights is evident.

However, the reproduction of brands our client and its visual protected by copyright violates:
                 Articles L. 335-3 and following of the Code of intellectual property on the counterfeiting of copyright
                 Articles L. 716-10 et seq of intellectual property on brand counterfeiting; as
                 Article 1382 of the Civil Code, and more particularly jurisprudential rules on unfair competition and parasitism.

Under the legal provisions above, any infringement of an intellectual property right constitutes an act of counterfeiting punishable by a fine of € 300,000 and 3 years of imprisonment. These sanctions shall be brought to 500,000 euro fine and 5 years' imprisonment where such acts are committed by organized band. Violation of a technological protection measure is as it was punishable by 30,000 euro fine and 6 months imprisonment (Article L. 335-3-1 II of the same code).

In addition, the use by third parties of FALLOUT Brands and Visual FALLOUT in hosted files via the Domain Name Illicit characterize acts of trademark counterfeiting, copyright law, unfair competition, parasitism (particularly by suggesting has a false partnership or a consent ZeniMax and / or Bethesda) and are likely to generate a risk of confusion, error and / or deception among consumers.

Facilitation of these activities with full knowledge of cause is likely to engage the responsibility of OVH.

You are at present informed of the rights of our client on FALLOUT Brands and Visual FALLOUT and the continued provision of hosting services Illicit Domain Name is likely to engage your responsibility for large amounts, including the payment of damages and interest and payment of attorney fees and other expenses incurred in connection with any legal proceedings to remedy the situation.

That is why we are forced, because of the impossibility to get in touch directly with the / author (s) of these violations, you give notice, on behalf of Bethesda Softworks LLC and ZeniMax Media Inc., to proceed immediately to the removal or deactivation of Illegal Content.

We draw your attention to the gravity and urgency of the situation, and we ask you to confirm in writing the removal and / or deactivation of Illegal Content and termination or suspension of hosting services in Illegal Domain Name 48h00 a reception of this letter. We expect full cooperation from you in order to quickly conduct this case completion.

This notice is performed without prejudice to all other rights and actions that companies Bethesda Softworks LLC and ZeniMax Media Inc. may make. Nothing in this letter is deemed to constitute a waiver, a tolerance or a license from the past, they are expressly reserving the right to state any other position in fact or in law as and as a new factual Elements would be disclosed, or if the circumstances require.

If you have a lawyer, please tell us his name and coordinates, so we can correspond directly with our confrere in this regard.

In anticipation of your reply confirming us in forty-eight hours (48h00) that you have completed the removal or deactivation of Contents Illegal, please accept, Madam, the expression of our feelings distinguished .

Karine Disdier-Mikus
Advocate the Court