Sam Biser/Copyright Infringement
From: Sam Biser (samb@sambiser.com)
Sent: Mon 1/28/08 4:16 PM
To: tharrels@hotmail.com

RE: Copyright Infringement

From: Sam Biser,
Sam Biser Press

January 28th, 2008

Tom Harrelson
TOTAL HEALTH ASSOCIATES,
774-D S. Chesterfield Rd.,
Columbus, OH 43209-2683
614-237-2590
tharrels@hotmail.com
http://healingtools.tripod.com

Dear Mr. Harrelson,

I was reviewing my copyrighted book,'Curing with Cayenne,' as part of a current publishing project. It then flashed into my mind to check your website.

I was shocked. You have put back up on your website massive amounts of copyrighted materials (from 'Curing with Cayenne' and my other published works), which my attorneys instructed you to remove -- and you did remove at our request -- but have put back. You have also put up on your site huge amounts of material taken word for word, such as stolen audio tracks lifted from my copyrighted video and audio interviews.

Your disrespect and rampant copyright violations will no longer be tolerated. I spent years developing these materials, and I will not allow you to thieve them from me and my customers.

Because of your repeated violations of my copyrights, you are now in serious violation of the terms and conditions of your web service provider (http://www.tripod.lycos.com/), and if you do not remove my copyrighted materials from your site, I will promptly move against you, to see that your web account and website are disabled or terminated due to your illegal actions. (See section 45: Violation of Terms and Conditions from your web provider, http://info.lycos.com/legal/legal.html).

As your web provider policy states: "It is the policy of Lycos, in appropriate circumstances, to disable and/or terminate the accounts of users who engage in repeated copyright infringement. Should you violate these Terms and Conditions or any other rights of Lycos and the Lycos Network, Lycos reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Lycos Network web sites."

A simple review of your site by any internet service provider would reveal the massive and repeated amount of copyright theft which you currently engage in.

In addition, I need to advise you that your repeated copyright infringements are a clear violation of your User Agreement with Paypal, which you accept on your site as a form of payment.

As the Paypal agreement states: (https://www.paypal.com/us/cgi-bin/webscr?cmd=xpt/ UserAgreement/ua/USUA-outside#restricted-policy) "9.1 Restricted Activities. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with PayPal, a User or a third party, you will not:

Infringe PayPals or any third partys copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;"

Under 10, of Paypal's agreement, it states: Your Liability - Actions We May Take.

"10.2 Actions by PayPal. If you engage in any Restricted Activities, we may take various actions to protect PayPal, eBay, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

"We may close, suspend, or limit your access to your Account or the Services (such as limiting access to any of your Funding Sources, and your ability to send money, make withdrawals, or remove financial Information);

"We may contact buyers who have purchased goods or services from you, contact your bank or credit card issuer, and warn other Users, law enforcement, or impacted third parties of your actions;

"We may update inaccurate Information you provided us;

"We may refuse to provide our Services to you in the future;

"We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability; and

"We may take legal action against you."

If you do not cease your copyright violations as set forth below, I will immediately work with Paypal to have your account terminated.

FURTHERMORE, as my attorney has advised me, under Federal Copyright Law, you are also liable to me for statutory damages from $30,000-$150,000 for each single copyright infringement and for attorney feels and costs for your violations of my copyrights.

Below are the web pages that must be removed immediately:
http://healingtools.tripod.com/cayenne1.html
http://healingtools.tripod.com/cayenne2.html
http://healingtools.tripod.com/drschcay1.html
http://healingtools.tripod.com/drschcay2.html
http://members.tripod.com/healingtools/thns1a.html
http://members.tripod.com/healingtools/thns1b.html
http://members.tripod.com/healingtools/schulze_cayenne.mp3
http://members.tripod.com/healingtools/schulze_toptenherbs.mp3
http://members.tripod.com/healingtools/schulze_lobelia.mp3
http://healingtools.tripod.com/thn9.html
http://healingtools.tripod.com/thns4b.html
http://healingtools.tripod.com/thns4a.html
http://healingtools.tripod.com/thns10.html
http://healingtools.tripod.com/thn10.html
http://healingtools.tripod.com/thns1b.html
http://healingtools.tripod.com/thns3.html
http://healingtools.tripod.com/wildyam.html
http://healingtools.tripod.com/thns12b.html
http://healingtools.tripod.com/thns13.html
http://healingtools.tripod.com/thns1a.html
http://healingtools.tripod.com/thns12a.html
http://healingtools.tripod.com/thns5a.html
http://healingtools.tripod.com/thns9b.html
http://healingtools.tripod.com/thns11.html
http://healingtools.tripod.com/thns9a.html

You must also remove your mention of the stolen Sam Biser audio soudtracks from your web page located at:
http://healingtools.tripod.com/DS_pages.html#mp3 and at http://healingtools.tripod.com/HT_pages.html

Please provide me with an email acknowledging receipt of this letter and that you will take the appropriate steps to remove the webpages listed above within seven (7) days of your receipt of this letter. If I do not hear from you within this time period, I will presume that you do not intend to comply with these demands and are not interested in an amicable resolution of this matter.

Your failure to comply with the above will be regarded by me and my attorneys, by your website provider (http://www.tripod.lycos.com/), by Paypal, and by the Federal courts as clear, irrefutable evidence of the willful, intentional nature of your repeated copyright infringements.

Sincerely,

Sam Biser
Sam Biser Press
105-A Lew Dewitt Blvd. #222
Waynesboro, VA 22980
(540) 241-4867
samb@sambiser.com

cc: Jonathan A. Hyman, Esq.
Knobbe, Martens, Olson & Bear, LLP