Avangate Digital Millennium Copyright Act (DMCA) Policy
Avangate Inc. and its corporate affiliates (collectively, "Avangate") respect the intellectual property rights of others, and we ask you to do the same. Avangate may, in appropriate circumstances and at our discretion, terminate your ability to use the services offered on our web site and/or terminate your access to our web site for users who infringe the intellectual property rights of others.
If you believe that your work is the subject of copyright and/or trademark infringement and appears on our web site, please provide Avangate's designated agent with all of the following information:
- A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- B. Identification of the copyrighted work and/or trademark claimed to have been infringed or, if multiple works are covered by a single notification, a representative list of such works on the web site;
- C. 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 on our web site, and information reasonably sufficient to permit Avangate to locate the material;
- D. Information reasonably sufficient to permit Avangate to contact you as the complaining party, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- E. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent or the law;
- F. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that for purposes of copyright infringement under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Avangate designated agent that includes all of the following information:
- A. Your physical or electronic signature;
- B. 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;
- C. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- D. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Avangate may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Avangate reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.