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Zach Davis 14 yr old www.flackle.com DMCA Abuse

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Aug 12th, 2017
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  1. From: NFOservers.com Support <support@nfoservers.com>
  2. Date: Fri, Aug 11, 2017 at 12:29 AM
  3. Subject: [#210249] DMCA takedown notice re: 74.91.122.158 / VDS "EGRPC"
  4. To: zxturbo11@gmail.com
  5.  
  6.  
  7. Franklin,
  8.  
  9. 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 (August 11th). 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.
  10.  
  11. 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.
  12.  
  13. 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).
  14.  
  15. You can file a counter-notification by submitting a document to us containing the following elements:
  16.  
  17. 1. Identification of the specific materials that were removed or to which you have been disabled access.
  18. 2. Your full name, address, telephone number, and email address.
  19. 3. 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."
  20. 4. 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."
  21. 5. Signature. A scanned physical signature or a valid electronic signature will be accepted.
  22.  
  23. 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.
  24.  
  25. 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.
  26.  
  27. -Joshua
  28. NFOservers.com
  29.  
  30. > Takedown Notice Pursuant to the Digital Millennium Copyright Act of 1998
  31. >
  32. > To Whom It May Concern,
  33. > This is a notice in accordance with the Digital Millennium Copyright Act of
  34. > 1998 (DMCA) requesting that you immediately cease to provide access to
  35. > copyrighted material. I wish to report an instance of Copyright
  36. > Infringement, whereby the infringing material appears on a server for which
  37. > you are the host.
  38. >
  39. > 1.
  40. >
  41. > The infringing material, which I contend belongs to me, is the following:
  42. > Vehicle Modifications (police.yft, police1.yft, police2.yft, fbi.yft,
  43. > fbi.ytd, fbi2.yft, fbi2.ytd, police3.ytf, police4.yft, sheriff.ytf,
  44. > sheriff.ytd.)
  45. >
  46. > Scripts (911, ooc, eso, acl, drag.)
  47. >
  48. > Vehicle Textures (police.ytd, police1.ytd, police2.ytd, fbi.ytd,
  49. > fbi2.ytd, police3.ytd, police4.ytd, sheriff.ytd, sheriff2.ytd.)
  50. >
  51. >
  52. > 1.
  53. >
  54. > The original material is protected under:
  55. > Flackle LLC and Zach [Redacted].
  56. > 2.
  57. >
  58. > The infringing material is located at the following URLs:
  59. > 74.91.122.158:30130
  60. > 3.
  61. >
  62. > My contact information is:
  63. > Name:Zach [Redacted]Mailing address:[Redacted]Telephone
  64. > number:[Redacted]E-mail
  65. > address:[Redacted]
  66. > 4.
  67. >
  68. > I have a good faith belief that the use of the described material in the
  69. > manner complained of is not authorized by the copyright owner, its agent,
  70. > or by operation of law.
  71. > 5.
  72. >
  73. > The information in this notice is accurate, and I am either the
  74. > copyright owner or I am authorized to act on behalf of the copyright owner.
  75. >
  76. > I declare under the perjury laws of the United States of America that this
  77. > notification is true and correct.
  78. > Signed:Zach [Redacted]Date:2017-08-11
  79.  
  80. Thanks,
  81. Joshua
  82. Support Tech
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