Nothing in the following instructions, or mentioned on this website constitutes either consent or an agreement by Dataracks, its representatives, attorneys, owners, officers, directors, employees, or agents to act on your behalf. These are complex legal issues, and Dataracks, recommends that you retain your own legal counsel to deal with these matters.
November 2006
Dataracks’ services and The Dataracks website are copyright protected worldwide.
The U.S. Digital Millennium Copyright Act
Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Site's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- Description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on a Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement:
Legal Department
Dataracks Hosting
2 Wisconsin Circle, Suite 700
Chevy Chase, MD 20815
United States of America
Please do not send other inquires or information to our Designated Agent.
Notice and Takedown Procedures
The Site implements the following notice and takedown procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C., Section 512 of the Digital Millennium Copyright Act ('DMCA'). The Site's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and Section 512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to Section 512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace 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. The Site reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
Note, this notice does not constitute any admission that U.S. law is applicable to specific allegations of copyright infringement or any attornment to the laws or jurisdiction of the U.S. However, as a matter of policy, we believe the DMCA provides a useful framework for resolving copyright issues, and therefore advise that upon receipt of a properly filed complaint satisfying the requirements of the DMCA, we will remove or block access to the allegedly infringing material. If a customer or user believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter notice to us. We will not be a party to disputes over alleged copyright infringement.
Contents of Counter Notification
The Digital Millennium Copyright Act Section 512(g)(3) requires that a counterclaim of copyright infringement provide certain information specified below. DMCA Section 512(f) defines penalties for knowingly misrepresenting a counterclaim.
To be effective under this subsection, a counter notification must be a written communication provided to the service provider's registered agent that includes substantially the following:
- A physical or electronic signature of the subscriber. [As an electronic signature, the university's agent accepts facsimile/fax and digitized images of a signature attached to electronic mail.]
- 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. [This information will normally be includes in the notice received from the DMCA agent. The counterclaimant may want to expand on or distinguish some materials from others. Please include a URL identifying the material or representative material. Specify any IDs, passwords or other authorization required to access the material.]
- A statement under penalty of perjury that the subscriber has 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. [If permissions are held for subject materials, please identify them. If it is believed that the cited materials are quotable under Fair Use Doctrine, please reference the four principles of Fair Use.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Once the complaining party receives the claim, the DMCA permits Dataracks, as a service provider, to restore materials or access within two weeks - unless the complaining party serves notice that it intends to seek a court order to restrain infringement. Dataracks policy may mandate for other reasons that materials or access not be restored, and that other investigation, containment, or disciplinary measures proceed.
You may send your Notice of Counter Notification:
Legal Department
Dataracks Hosting
2 Wisconsin Circle, Suite 700
Chevy Chase, MD 20815
United States of America
Please do not send other inquires or information to our Designated Agent.