DMCA Takedown Notice and Notice Terms of Service Violation

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Telephone: 713-226-1200 Fax: 713-223-3717 www.lockelord.com Direct Telephone: 713-226-1406 Email: pvanslyke@lockelord.com March 30, 2009 Via Facsimile 270-569-0016

Via Email Sammie@ecommerce.com and Federal Express

Sammie Taunton

Designated Agent, DMCA Ecommence, Inc. dba IX Web Hosting 247 Mitch Lane

Hopkinsville KY 42240

RE: DMCA Takedown Notice and Notice Terms of Service Violation Ladies and Gentlemen:

We act on behalf of Sedgwick Claims Management Services, Inc. (the “Owner”) as required under Sections 512(c)(3) and 512(d)(3) of the Digital Millennium Copyright Act (17 U.S.C. §§ 512(c)(3) and 512(d)(3).

We are instructed to place you on notice of violations of the DMCA and request that you remove or disable certain material on a website you host that violates your Terms of Use Agreement:

1. The Owner is the exclusive owner of the copyrights in and to the photographs of Owner’s employees David A. North and Paul Posey as shown in the attached Exhibit A (the “Sedgwick Material”);

2. You are hosting web blogs whose homepage is at www.gesupplydiscrimination.com that contains material that both infringes the copyrights of the Owner and violates your Terms of Use Agreement.

Violations of Owner’s Copyright

3. The following search results and links (the “Infringing Material”) lead to unauthorized copies of the Sedgwick Material or other unauthorized derivative works of the Sedgwick Material which infringe the copyrights in the Sedgwick Material, and the exclusive rights of the Owner:

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IX Web Hosting March 30, 2009 Page 2 a. http://www.gesupplydiscrimination.com/files/htm1/David%20North%20Sedgwick%20C MS.htm b. http://www.gesupplydiscrimination.com/files/htm1/sedgwick%20cms.shtml#sedgwick% 20terror

4. Please immediately remove or disable all access to the Infringing Material. Violation of Your Terms of Service

5. In addition, we ask you to remove or disable the material shown on Exhibit B attached that violate your Terms of Use Agreement (“TOU”) See www.ixwebhosting.com/index.php/v2/pages.tos that contains the following in III B of the TOU:

“Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.”

6. Owner is authorized by license to use and sue with respect to the registered service mark SEDGWICK Registration No. 2,193,182 and the S & GLOBE DESIGN Registration No. 1,171,673 registered on the Principal Register of the United States Patent and Trademark Office. The service mark SEDGWICK is the primary brand of Owner that symbolizes its significant good will and reputation. The S & GLOBE DESIGN is a component of the Owner’s corporate logo that is shown below:

7. The material shown in Exhibit A is “intolerant, defamatory, ‘stalking’… threatening … [and] improper” in that:

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IX Web Hosting March 30, 2009 Page 3

• On Ex. A, p. 1 is the home address and phone number of Owner’s employee and CEO David A. North along with addresses of possible relatives in a context of what is “stalking …threatening [and] improper.” • On Ex. A, p. 1 on a different webpage is the home address of Owner’s

employee and CEO David A. North in a context of “stalking …[and] threatening acts.”

• On Ex. A, p. 2, is a Skull picture with the Owner’s corporate logo in the

eye sockets in a context that is ”defamatory,… threatening … [and] improper.”

• On Ex. A, p. 2, is another Skull picture with the Owner’s corporate logo in the eye sockets in a context that is ”defamatory,… threatening … [and] improper”

• On Ex. A, p 3, the words “thugs at Sedgwick CMS” and “Sedgwick CMS Profits, Abuse and Terror” are used in a context that is “defamatory, threatening … [and] improper.”

• On Ex. A, p 3, the words “Sedgwick CMS sponsored Terror Activities against Americans” are used in a context that is “defamatory, threatening … [and] improper.”

• On Ex. A, p 4, there is an image which includes the names and addresses of 49 Sedgwick CMS Individual Adjusters used in a context that is “stalking, threatening…[and] improper.”

• On Ex A, p. 5 is a Google map close up of the home of Owner’s employee Oraetta F. West in a context that is “stalking, threatening … [and] improper.”

• On Ex A, p. 6 is a Google map close up of the home of Owner’s

employee Ratna Bagwe in a context that is “stalking, threatening [and] improper.”

8. I have a good faith belief that the use of the Infringing Material is not authorized by the Owner, its agents or the law. The information in this notice of copyright infringement is accurate and under penalty of perjury, I am authorized to act on behalf of the Owner.

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9. Should you require any further information regarding this matter, please contact me at the address, telephone number or email address indicated above. Yours truly,

Paul C. Van Slyke PCV/ljb

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EXHIBIT B – Page 1

http://www.gesupplydiscrimination.com/files/htm1/David%20North%20Sedgwick%20CMS.htm

Sample Background Report and Information (partial report)

...[intervening text omitted]

Possible Email Address: dnorth@sedgwickcms.com

Name(s):

NORTH, DAVID A

Associated names:

NORTH, DAVE

NORTH, DAVID

Possible Current Phone(s):

(901) 747-4375

Company Name:

SEDGWICK CMS VENTURES INC

Top Officer:

North, David A Jr (Partner)

Address:

1100 Ridgeway Loop Rd Memphis, TN 38120

Phone:

Not Found

Filing Date:

20021029

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http://www.gesupplydiscrimination.com/files/htm1/ATT%20Sedgwick%20CMS%20Scam%20Exp osed.htm

http://www.gesupplydiscrimination.com/files/htm1/I_hate_working_at_sedgwick_cms_because.ht m

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IX Web Hosting March 30, 2009 Page 3 EXHIBIT B – Page 3 http://www.gesupplydiscrimination.com/files/htm1/sedgwick%20cms.shtml#sedwick%20terror

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http://www.gesupplydiscrimination.com/files/htm1/Adjuster_List-11-1-05[1].pdf

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IX Web Hosting March 30, 2009 Page 6 EXHIBIT B – Page 6 http://www.gesupplydiscrimination.com/files/htm1/Ratna%20Bagwe.htm#2nd%20interview HOU:1001844/00001:1386853v2