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Copyright Complaints
This Notice is subject to modification or termination at
any time, without advance notice.
We will respond to notices of possible infringement that comply with
the Digital Millennium Copyright Act (the entirety of which can be found
at the U.S. Copyright Office Web Site, http://www.loc.gov/copyright/legislation/hr2281.pdf)
and other intellectual property laws, which may include removing or disabling
access to material claimed to be the subject of infringing activity. If
we remove or disable access to material to comply with the Digital Millennium
Copyright Act, we will attempt to contact the owner or webmaster of the
affected site so that they may make a counter notification.
Infringement
Notification
Pursuant to the Digital Millennium Copyright Act, Title 17, United States
Code, §512, a copyright owner or it's authorized agent ("Complainant")
may submit a notification alleging copyright infringement to us. To file
a notice of infringement with us, Complainant must provide a written communication
(by fax or regular mail -- not by email, except by prior agreement) that
sets forth the items specified below. Please note that Complainant will
be liable for damages (including costs and attorneys' fees) if Complainant
materially misrepresent that a product or activity is infringing copyrights.
Accordingly, if Complainant is not sure whether certain material is protected
by copyright laws, we suggest that Complainant first contact an attorney.
In order to expedite our ability to process the request, the following
format (including section numbers) must be used. A proper notification
must have at least the following information:
- Identification in detail of the copyrighted work claimed to
have been infringed on and the site it appears on.
- Identification of the material that Complainant claims is infringing
the copyrighted work listed in item #1 above (or a representative list
of such works at that site).
- Information reasonably sufficient to permit Thruport Technologies, Inc. ("Thruport") to contact
Complainant (email address is preferred).
- The following statement: "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, including but not limited to copyright exceptions such as fair
use doctrine which allow use for news, parodies, research, and review."
- The following statement: "I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed."
- Physical signature of the copyright owner or a person authorized
to act on behalf of the copyright owner.
Send the written communication to Thruport's designated agent at the following address:
Thruport Technologies, Inc.
Attn: Justin Higgins, DMCA Complaints
5440 Cherokee Ave.
Alexandria, VA 22312
And/or fax to:
And/or email to: Thruport DMCA
Once Thruport receives this, we will investigate. If appropriate, we
will remove or disable access to the allegedly infringing material and
will attempt to notify the entity that submitted the material ("Respondent").
Respondent will then be given the opportunity to provide a Counter Notification
claiming that the material is not infringing. If Respondent does so, Thruport
will then notify Complainant of Respondent's objection. [§512(g)(2)]
Thruport is then required within 10 to 14 business days to restore accessibility
to the material or permit Respondent to do so, unless Complainant provides
notification that it has filed an action at the appropriate district court
seeking a court order to restrain Respondent from engaging in infringing
activity. [§512(g)(2)(C)]
Counter Notification
If Thruport has removed or disabled access to the allegedly infringing
material, we will attempt to notify the entity that submitted the material
("Respondent"). Respondent may make a counter notification pursuant
to the Digital Millennium Copyright Act §512. When we receive a counter
notification, we will reinstate the material in question or allow the
owner of the site to do so.
When filing a counter notification with us, Respondent must provide a
written communication (by fax or regular mail -- not by email, except
by prior agreement) that sets forth the items specified below. There is
a sample counter notification is located at the Chilling Effects Clearinghouse
(http://www.chillingeffects.org/dmca/counter512.pdf).
Please note that Respondent will be liable for damages (including costs
and attorneys' fees) if Respondent materially misrepresent that a product
or activity is not infringing the copyrights of others. Accordingly, if
Respondent are not sure whether certain material infringes the copyrights
of others, we strongly suggest that Respondent first contact an attorney.
In order to expedite our ability to process the counter notification,
the following format (including section numbers) must be used. A proper
notification must have at least the following information:
- Identification of the specific URLs of material that Thruport
has removed or to which Thruport has disabled access.
- Respondent's name, address, telephone number, email address, and
a statement that Respondent consents to the jurisdiction of Federal
District Court for the judicial district in which Respondent's address
is located (or Delaware County, Pennsylvania if Respondent's address
is outside of the United States), and that Respondent will accept service
of process originating from Complainant or an agent of Complainant.
- The following statement: "I swear, under penalty of perjury,
that I have a good faith belief that each image or article identified
above was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled."
- Physical signature of the site owner or a person authorized to act
on behalf of Respondent.
Send the written communication to Thruport's designated agent at the following address:
Thruport Technologies, Inc.
Attn: Justin Higgins, DMCA Counter Notification
5440 Cherokee Ave.
Alexandria, VA 22312
And/or fax to:
And/or email to: Thruport DMCA
If Respondent provides a Counter
Notification claiming that the material is not infringing, Thruport will
then notify Complainant of Respondent's objection. [§512(g)(2)] Thruport
is then required within 10 to 14 business days to restore accessibility
to the material or permit Respondent to do so, unless Complainant provides
notification that it has filed an action at the appropriate district court
seeking a court order to restrain Respondent from engaging in infringing
activity. [§512(g)(2)(C)]
A copy of Thruport's Designated Agent form can be found at http://www.copyright.gov/onlinesp/list/index.html
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