DIGITAL MILLENNIUM COPYRIGHT ACT
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF ONLINESD, LLC, WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.
It is our policy to respond
to notices of alleged infringement that comply with the Digital Millennium Copyright
Act, 17 U.S.C. §512(c), and other applicable intellectual property laws.
Responses may include removing or disabling access to material claimed to be
the subject of infringing activity and/or terminating subscribers. If we remove
or disable access in response to such a notice, we will make a good-faith attempt
to contact the owner or administrator of the affected site or content so that
they may make a counter notification pursuant to sections 17 U.S.C. §512(g)(2)
and (3) of that Act. It is our policy to document all notices of alleged infringement
on which we act.
Please refer to the following detailed instructions which must be followed to
protect your rights under the Digital Millennium Copyright Act.
INFRINGEMENT NOTIFICATION
To file a notice of infringement with us, you 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 you may be liable for damages
(including costs and attorneys' fees) if you materially misrepresent that a
product or activity is infringing your copyrights. Accordingly, if you are not
sure whether material available online infringes your copyright, we suggest
that you first contact an attorney.
Your communication
must include substantially all of the following:
1. Provide a physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identify in sufficient detail the location of copyrighted work that you believe
has been infringed upon (for example, "The copyrighted work at issue is
the text that appears on http://www.newco.com/uglytext_page.html") or other
information sufficient to specify the copyrighted work being infringed. If multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site.
3. Provide identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit
us to locate the material.
4. Provide information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted.
5. Include the following statement: "I have a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law."
6. Include 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."
7. Sign the paper.
8. Send the written communication to:
OnlineSD, LLC
Attn: DMCA Complaints
711 S Carson Street, Ste 4
Carson City, NV 89701
Email: dmca@onlinesd.com
COUNTER NOTIFICATION
The administrator of an affected site or the provider of affected content may
make a counter notification pursuant to sections 17 U.S.C. §512(g)(2) and
(3) of the Digital Millennium Copyright Act. When we receive a counter notification,
we may reinstate the material in question.
To file a counter notification with us, you 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 you will be liable for damages
(including costs and attorneys' fees) if you materially misrepresent that a
product or activity is not infringing the copyrights of others. Accordingly,
if you are not sure whether certain material infringes the copyrights of others,
we suggest that you first contact an attorney. To expedite our ability to process
your counter notification, please use the following format (including section
numbers):
Your communication must include substantially the following:
1. Include a physical or electronic signature of the subscriber.
2. Provide identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared before
it was removed or access to it was disabled.
3. Include a statement under penalty of perjury that you have a good faith belief
that the material was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled.
4. Provide your name, address, and telephone number.
5. Include the following statement: "I consent to the jurisdiction of Federal
District Court for the judicial district in which you reside.”
6. State that you will accept service of process from the person who provided
notification to us of the alleged infringement or an agent of such person.
7. Include the following statement: "I swear, under penalty of perjury,
that I have a good faith belief that the affected material was removed or disabled
as a result of a mistake or misidentification of the material to be removed
or disabled."
8. Sign the paper.
9. Send the written communication to:
OnlineSD, LLC
Attn: DMCA Complaints
711 S Carson Street, Ste 4
Carson City, NV 89701
Email: dmca@onlinesd.com
ACCOUNT TERMINATION
OnlineSD, LLC will, in appropriate circumstances, terminate repeat infringers.
If you believe that an account holder or subscriber is a repeat infringer, please
follow the instructions above to contact OnlineSD, LLC’s DMCA agent and
provide information sufficient for us to verify that the account holder or subscriber
is a repeat infringer.