Exactis Customer Service Contacts
Palm Coast, Florida
United States - 32137
Below is a letter that was sent to a company on one of your host sites. Please remove all images and or information or references to Mr. William Pearson. This use in unlawful as it was done without his consent and has continued after notification of this malfeasance.
Dear Mr. Hardigree,
We recently discovered that your organization, Exactis, is using and advertising our address and/or building/office likeness as belonging to William Pearson. Specifically, we discovered you are using his likeness on http://www.exactis.com/about-us/.
You can imagine how surprised we were by this discovery as we are not familiar with Exactis. In fact, after a thorough review of our database, we are unable to find any evidence or record of the relationship between your Mr. Pearson and William Pearson.
Thus, it appears that you are, and have been for some time, intentionally violating the rights of our Mr. Pearson. The non-permitted use of his likeness is clearly intended to confuse people concerning the legal existence and viability of Exactis as an ongoing entity. It is also clearly intended to deprive Mr. Pearson of the revenue we receive for providing such services.
Your activities constitute theft, conversion, misrepresentation, and unfair competition and are actionable under both state and federal laws. These laws provide numerous remedies to prevent Exactis unlawful conduct, including, but not limited to, preliminary and permanent injunctive relief, monetary damages, disgorgement of profits, attorneys' fees and costs, and punitive damages.
We demand that you immediately and permanently remove all references to Mr. Pearson ‘s likeness, and/or other information about Mr. Pearson] from The Exactis Website as well as from any other materials, websites, etc. affiliated with Exactis within five (5) days of the date of this letter.
You must then sign the attached acknowledgment evidencing your compliance and return it to our office within ten (10) days of the date of this letter.
Should you fail and/or refuse to comply with this letter, we will accept such action/lack of action on Mr. Pearson's behalf as an agreement to pay for our services at the rate of $200.00 per day. Payment of this amount by cashier's check or other certified funds shall be due no later than the close of business each Friday. Failure to pay on time shall result in a $25.00 per day late fee.
Should you fail to make payment the matter will be handed over to our legal counsel for collection. Should you fail and/or refuse to comply with this letter, you also agree that you are responsible for payment of any and all attorneys' fees and costs incurred by Mr. Pearson.
We look forward to an immediate and amicable resolution to this matter. Should you have any questions, feel free to contact our office.
Deidre Rasheed, B.S., MLA, JD