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Legal Notice re
Digital Millennium Copyright Act |
We respect and will
respond as required by law to conforming notices of alleged
infringement that comply with the
Digital Millennium Copyright Act
(http://www.copyright.gov/legislation/dmca.pdf)
and other applicable
intellectual property laws, which may include removing or disabling
access to material claimed to be the subject of infringing activity.
NOTICE: We reserve the right not to act upon, or respond to, or even
acknowledge receipt of, any alleged notification that does not conform
to the statutory elements of the DMCA
as required in the appropriate provisions of the DMCA.
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Elements of a
Conforming Notice |
A conforming
notification must be in the form of a hard copy document (by fax
or regular mail -- not by email or phone) that sets forth ALL
the numbered items specified below. If you request a fax number by
email, a functioning fax number will be
provided. This requirement of a hard copy for communicating a conforming
notification is to provide for the transmission of the signature to the
essential sworn oaths, made under threat of perjury, as required in the
DMCA and described in items 5 and 6 below. Therefore, the hard copy
requirement will not be waived under any circumstance.
Alleged notifications that do not contain every
one of the required data points, or are not in the form of a signed and
notarized hard copy, are not conforming and will not be acknowledged.
Please note that you may
be liable for civil damages (including costs and attorneys' fees) and
criminal penalties if you materially misrepresent that a product or
activity is infringing your copyrights. Further, with regard to such
misrepresentation, you agree to hold Hostrax harmless and to reimburse
us for any and all costs or claims or damages arising from misrepresntation.
We strongly suggest that you consult an attorney with
knowledge of copyright law and the DMCA before you file a DMCA notice.
Your notification claiming a copyright
infringement and demanding our compliance with the take-down provisions
of the DMCA must contain the following specific elements, identified in
your notice by the numbers.
Non-conforming
documents will not be acted upon.
Location of the alleged
infringement - Identify the exact location URL (web address) of
every page that displays the copyrighted work that you believe has been
infringed. No claim will be honored that lacks
this element.
Identify the specific material
that you claim is infringing the copyrighted work listed in Element #1
above. No claim will be honored that lacks this
element.
That means you must
quote the text and/or identify which specific graphics are claimed as
infringing.
For Forums or
Guestbook, Blog or other similar user-contributed content that we host
you must identify each and every message that you claim as infringing.
To do that, place your cursor over the Topic of an allegedly infringing
message and right click on your cursor. In the menu that opens, the URL
of that message is listed. Highlight, copy and paste that URL into your
notification. Note that if you posted the material in a forum that we
host, the TOS of all forums we host contains
a limited, non-royalty copyright license, granted by the poster of
that content, that permits us to retain the coherence of the site and
such retention does not violate your remaining copyright.
Contact Info for you -
Provide information reasonably sufficient to permit Hostrax
to contact you. That means both an email address and a postal address.
We do not engage in phone conversations regarding copyright issues. We
will neither make nor accept phone contact regarding alleged copyright
violations.
No claim will be honored that lacks this
element.
Identify the alleged infringer
- This element is the only optional element of a conforming
notification. We recognize that you may not know or be able to learn the
identity and contact information for an alleged infringer. Provide, if possible, information sufficient to permit Hostrax to notify the owner, web master or administrator of
the web page that allegedly contains infringing material. If you have
individual names, company name, address, etc., they would be welcome but
are not required.
Your notification must include the following statement verbatim: "I have
a good faith belief that use of the copyrighted materials described
above on the allegedly infringing web pages is not authorized by the
copyright owner, its agent, or the law." No
claim will be honored that lacks this element or whose wording varies
from or in any way deprecates or qualifies that text.
Your notification must include
the following statement
verbatim: "I swear, under penalty of perjury, that the information
in the notification is accurate and that I am the copyright owner or am
an agent of the copyright owner authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed."
No
claim will be honored that lacks this element or whose wording varies
from or in any way deprecates or qualifies that text.
You must sign the document and have
that signature witnessed by a Notary Public or other responsible public
official authorized as a public witness. No
claim will be honored that lacks this element.
Mail the document
(certified mail return receipt is recommended for your protection and
ours) to the following address:
Hostrax, LLC
Attn: Customer Support, DMCA Notifications
845 Bergen Ave (#385)
Jersey City, NJ 07306