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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: June 24, 2014, 08:25:59 PM »

I was doing my daily search for BWP Media/Sanders Law PLLC today when I stumbled across the following:

http://www.mizozo.org/2014/04/these-dmca-takedown-requests-are.html
http://www.mizozo.org/

It looks like Sanders is changing up their process a little bit.  They are now spamming contact forms found on websites and attempting to direct them to a link to pay online: https://payonline.sanderslawpllc.com/

I read about this type of scheme being used against IP addresses found in a torrent download swarm.  This is an interesting twist.

I especially enjoy the part where they are attempting to use the SSL that belongs to payonline.bakersanders.com and it causes my browser to generate an untrusted connection message because of the domain mismatch.

I run a fairly popular forum and I received one of these (worded exactly like the one to mizozo, but with different numbers) and I went to the link.  Before you can see what the infringement might be they are requiring you to check a box for their terms of service which basically relinquishes all your rights.  I didn't proceed, so I don't even know what image is supposed to be infringing.

Here's that screen:
Welcome
Terms & Conditions

Please read the user agreement carefully before proceeding. This website displays infringement information and handles payments only for settlement of Sanders Law client’s copyright claims. If you have questions regarding the claim against you, please call the Sanders Law at (855) 456-2240. Customer Service Representatives are available Monday through Friday from 9:00am to 5:00pm EST.

You understand and agree that the use of this web site to handle a copyright infringement claim does not alter or extend any statutory deadlines. Thus, your failure to make any payment on time or other failure to meet any deadline will not be excused, even if caused by the error or any malfunction relating to this web site, and the commencement of legal action as a result of such failure to pay on time or meet another deadline will apply.

In consideration of your use of this web site, you agree to provide true, accurate, and current information. If you provide any information that is untrue, inaccurate, or not current, or if Sanders Law has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, Sanders Law has the right to terminate your use of any services on this web site.

You understand and agree that Sanders Law reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services provided on this web site and any conditions of use with or without notice.

You understand and agree that Sanders Law may, under certain circumstances and without prior notice, immediately terminate your access to this web site. Cause for immediate termination will include, but not be limited to, (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) discontinuance of services or content modifications to this web site, (c) technical problems or errors, and (d) extended periods of inactivity.

Sanders Law makes no guarantees, promises, or warranties regarding the accuracy of information and data provided by any section in this web site. You agree and understand that the information and data on this web site are being provided "as-is" without warranty of any kind and that the information and data may be subject to errors and omissions. To the extent permitted by law, Sanders Law disclaims all warranties, including, without limitation, any implied warranties of merchantability, accuracy and fitness for a particular purpose, and non-infringement. The user acknowledges and agrees that neither Sanders Law nor any related entity or body nor any attorney, member or affiliate of Sanders Law, nor any vendor or service relating in any way to our online efforts is or will be liable in any way whatsoever for the accuracy or validity of the information provided. There is no guarantee that this on-line payment application will show all of your infringements. Use of this service to submit payment constitutes acknowledgment that Sanders Law and the processor of electronic payments assume no responsibility for data entered by service users. I hereby understand that payment is an admission of liability and I may not be afforded an opportunity to a legal proceeding.

In no event will Sanders Law or body or any vendor or service provider associated with any of our online efforts be liable for damages of any nature based on any theory of liability, including but not limited to contract, negligence or other torts (including intentional torts), including but not limited to damages for loss of property, loss of profits, lost, compromised or impaired claims, lost savings, lost fees, or any other damages whatsoever, arising out of or relating in any way to the use of this web site. Accordingly, you acknowledge and understand that you use this web site at your own risk and that your agreement to this provision is a material inducement to Sanders Law’s decision to make this web site available for your use.

Sanders Law is committed to protecting your privacy. Security measures for this site have been taken to protect against loss, misuse or alteration of the information you provide; and industry standard encryption methods are used to assure security. Nevertheless, it is crucial that, as a user, you protect against unauthorized access to your password and to your computer and that you always sign off when finished using a shared computer. Further, you should be aware that no system is impenetrable. Thus, it is your responsibility to diligently monitor your credit card statements, bank statements and similar personal information so as to discover and address as quickly as possible any misuse of your personal information."

By providing Sanders Law with the names and account information of those persons or entities to whom you wish to direct payment, you authorize Sanders Law to follow the payment instructions that it receives from you through the software program. When the Service receives a payment instruction, you authorize the Service to charge your transaction account on the selected Scheduled Payment Date and remit funds to the designated payee on your behalf. While it is anticipated that most transactions will be processed and completed on the same day, it is understood that due to circumstances beyond the control of Sanders Law, particularly concerning delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a day or even a few days longer to post to your account. Sanders Law will use its best efforts to make all your payments properly. However, Sanders Law shall incur no liability if it is unable to complete any payments initiated by you.

In case of errors and questions, you should telephone us at (855) 456-2240 or write us at:
Sanders Law, PLLC
100 Garden City Plaza
Suite 500
Garden City, New York 11530
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