**DMCA Notice

Via email, abuse@github.com

GitHub, Inc.  
88 Colin P Kelly Jr. Street   
San Francisco, CA 94107

Re: Notice of Copyright and Trademark Infringement – WWW.PORT25.PW

Dear Sir/Madam:

We were informed by CloudFlare, Inc., which is listed as the host of www.port25.pw, that
CloudFlare acts as a reverse proxy for the www.port25.pw site, and were directed to GitHub, the
actual host. Our firm represents Port25 Solutions, Inc. (“Port25”) in connection with its copyright,
trademark, and intellectual property matters. In accordance with GitHub’s Terms of Use
(https://help.github.com/articles/github-terms-of-service/), I am writing to notify GitHub of the
following activity, which we believe constitutes copyright and trademark infringement of Port25’s
intellectual property rights.

Background. Port25 (www.port25.com) is the owner and developer of the
POWERMTA software, which is a leading email gateway application (SMTP server) for highvolume
email delivery. Port25 has used the POWERMTA trademark since at least 2000 to
promote its software, and it owns the copyrights in the software. Port25 also has a U.S. federal
registration for the POWERMTA trademark (Registration No. 2526164; registered on January 1,
2002; renewed on January 21, 2012) for “computer software, specifically high performance
message transfer agent for handling large amounts of e-mail and data efficiently over the internet.”
See Exhibit A (attached printouts from the U.S. Patent and Trademark Office website).
Port25 has become aware of certain infringing activity on a website located at the URL
www.port25.pw (the “Website”), which based on our investigation is hosted by GitHub. The
PORT25.PW domain name (the “Domain”) is reported by the domain registrar’s records to be
registered to a privacy protected registrant under NameCheap.com, and the registrant’s email
address is listed as support@namecheap.com. The Registrant is herein referred to as the
“Unauthorized User.”

Identification of Infringing Material - Copyright. The Unauthorized User is not an
authorized reseller, service provider or licensee of Port25’s POWERMTA software. The Unauthorized User appears to be reproducing and distributing POWERMTA software, and is in
fact using the POWERMTA trademark, without authorization or license from POWERMTA.

Identification of Infringing Material - Trademark. Throughout the Website and in
the related Domain name, the Unauthorized User uses Port25’s POWERMTA trademark and its
company name. The POWERMTA trademark is apparently being used to promote the
reproduction and distribution of unauthorized infringing copies of the POWERMTA software.
Port25 has not authorized the Unauthorized User to use the POWERMTA trademark or to
reproduce, distribute or display the copyrighted software for PowerMTA. See Exhibit B (attached
printouts from the port25.pw website).

The Unauthorized User’s unauthorized use of Port25’s POWERMTA trademark
throughout the Website and the Port25 company name in the domain is likely to cause confusion
among consumers. The Unauthorized User’s use of the POWERMTA trademark also implies an
affiliation with or sponsorship by Port25. Such acts are in violation of various provisions of the
federal Trademark Act of 1946, as amended (15 U.S.C. §1051 et seq.) (the “Lanham Act”), as well
as federal and state laws prohibiting unfair and deceptive trade practices. The Unauthorized User’s
conduct is also in violation of GitHub’s Terms of Service and Copyright Policy.

Contact Information for Port25’s Representative. I can be reached as follows:  
[private]  
Oliver & Grimsley, LLC  
502 Washington Ave., Suite 605  
Towson, MD 21204  
Phone: [private]  
Fax: [private]  
Email: [private]

Good Faith Statement. Port25 has a good faith belief that the disputed use is not
authorized by Port25, its agent, or the law.

Statement under Penalty of Perjury. The information contained in this notification
is accurate, and under penalty of perjury, I am authorized to act on behalf of Port25.
With respect to the POWERMTA trademark, notice is hereby provided to GitHub that the
Unauthorized User is, in addition to infringing the POWERMTA trademark, apparently violating
the GitHub terms of service, and therefore Port25 hereby respectfully requests that GitHub
terminate all services to the Domain to avoid further trademark infringement and violation of the
GitHub terms of service.

To the extent that GitHub does not host or otherwise provide a service that is in the chain
of the hosting of the Website related to the Domain, please let me know.

Thank you in advance for your assistance. Please do not hesitate to contact me with any
questions.

Sincerely,  
[private]
