Digital Millennium Copyright Act
It is our policy to respond to clear notices of alleged
copyright infringement. This page describes the information that
should be present in these notices. It is designed to make submitting
notices of alleged infringement to Viaway as straightforward as possible
while reducing the number of notices that we receive that are fraudulent
or difficult to understand or verify. The form of notice specified
below is consistent with the form suggested by the United States
Digital Millennium Copyright Act (the text of which can be found
at the U.S. Copyright Office Web Site, http://www.copyright.gov)
but we will respond to notices of this form from other jurisdictions
as well.
Regardless of whether we may be liable for such infringement
under local country law or United States law, our response to these
notices 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.
We may also document notices of alleged infringement on which we
act. Please note that in addition to being forwarded to the person who provided
the allegedly infringing content, a copy of this legal notice may be sent
to a third-party which may publish and/or annotate it.
As such, your letter (with your personal information removed) may be forwarded to
Lumen (http://www.lumendatabase.org)
for publication.
Infringement
Notification for Web Search and all other products
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 will be liable for damages (including
costs and attorneys' fees) if you materially misrepresent that a
product or activity is infringing your copyrights.
Indeed, in a past case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information),
a company that sent an infringement notification
seeking removal of online materials that were protected by the fair
use doctrine was ordered to pay such costs and attorneys fees. The
company agreed to pay over $100,000. Accordingly, if you are not
sure whether material available online infringes your copyright,
we suggest that you first contact an attorney.
To expedite our ability to process your request, please
use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted
work that you believe has been infringed upon (for example, "The
copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html")
or other information sufficient to specify the copyrighted work being
infringed (for example, "The copyrighted work at issue is the “Know how and help on the Internet”
published by Know How, Inc.").
2. Identify the material that you claim is infringing
the copyrighted work listed in item #1 above.
FOR SITE CONTENT, YOU MUST IDENTIFY EACH CONTENT
THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING
MATERIAL. This requires you to provide the URL for each allegedly infringing content.
For example, suppose (hypothetically) that you conducted
a search on Viaway.com using the query "Viaway", and found
that the content directly links to a web page that
you believe infringes the copyrighted text you identified in item
#1 above. In this case, you would provide the following information:
| Search Query: |
Viaway |
| Infringing Web Pages: |
http://www.Viaway.com/content/0-92922/knowhow
|
If you are sending a large number of URLs in one removal request,
please also send an electronic copy of the notice to removals at Viaway dot com.
3. Provide information reasonably sufficient
to permit Viaway to contact you (email address is preferred).
4. Provide information, if possible, sufficient
to permit Viaway to notify the owner/administrator of the allegedly
infringing webpage or other content (email address is preferred).
5. Include the following statement: "I
have a good faith belief that use of the copyrighted materials described
above as allegedly infringing 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 the following
address:
:
legal at viaway.com , Attn: Viaway Legal Support, DMCA
Complaints
Please note that in addition to being forwarded to
the person who provided the allegedly infringing content,
a copy of this legal notice will be sent to a third-party which may publish and/or annotate it.
As such, your letter (with your personal information removed) will be forwarded to
Lumen (http://www.lumendatabase.org).
Counter
Notification
The administrator of an affected site or the provider
of affected content may make a counter notification pursuant to sections
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. A sample
counter notification may be found atwww.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification,
please use the following format (including section numbers):
1. Identify the specific URLs or other unique
identifying information of material that Viaway has removed or to
which Viaway has disabled access.
2. Provide your name, address, telephone number,
email address, and a statement that you consent to the jurisdiction
of Federal District Court for the judicial district in which your
address is located (or San Diego County, California if your address
is outside of the United States), and that you will accept service
of process from the person who provided notification under subsection
(c)(1)(C) or an agent of such person.
3. Include the following statement: "I
swear, under penalty of perjury, that I have a good faith belief
that each search result, message, or other item of content identified
above was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled, or that the material identified
by the complainant has been removed or disabled at the URL identified
and will no longer be shown."
4. Sign the paper.
5. Send the written communication to the following
address:
Viaway, Inc.
Attn: Viaway Legal Support, DMCA Counter Notification
For any additional questions regarding the DMCA process for Viaway products please contact us at removals at Viaway dot com.
Many Viaway Services do not have account holders or subscribers. For
Services that do, Viaway 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
Viaway and provide information sufficient for us to verify that the
account holder or subscriber is a repeat infringer.