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A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice.
We respect the intellectual property of others, and we anticipate that the sites we index do the same. § 512 of the Digital Millennium Copyright Act (“DMCA”). § 512(d) in that it merely refers or links users to content found on third-party websites not under Our control. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent.
As part of Our effort to assist in the protection of intellectual property rights, this website (“SITE”) therefore voluntarily chooses to comply with the Notice and Takedown requirements of 17 U. Under that statute, We qualify as a “Service Provider.” Specifically, the SITE functions as an information location tool under 17 U. Under the DMCA, We are entitled to assert certain protections from claims of copyright infringement, commonly referred to as the “safe harbor” provisions. The SITE implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement.
For convenience, the following format may be used: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.” (d) the Recipient's physical address, telephonenumber, and emailaddress; and, (e) a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent. Thereafter, within ten to fourteen (10-14) days of Our receipt of a counter-notification, We will cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material.
Written notification containing the above information must be signed and sent to: Lawrence G. Modifications to Policy The SITE reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back regularly to stay current on any such changes.
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After the Designated Agent receives the counter-notification, it will re-enable access to the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
NOTE: Given that the SITE merely links to third party websites, it may not be possible for the SITE to successfully locate and notify the specific third party user responsible for the allegedly infringing content.
The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the SITE relating to the actions taken in response to the counter-notification.