DMCA Notices – Notifications of Claimed Copyright Infringement
We take claims of copyright infringement seriously. If you believe any material accessible on or from this site or any of our cloud services (collectively, the “Services”) infringes your copyright (or the copyright of a person or organization on whose behalf you are authorized to act), you may request removal of such material (or access to such material) from the Services by submitting a written notice to our copyright agent designated below (“Copyright Agent”). In accordance with Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”), the written notice (“DMCA Notice”) must include substantially the following:
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple copyrighted works at a single online site, a representative list of such works at the site;
- Identification of the material on the Services you believe to be infringing, with information reasonably sufficient to allow us to locate that material;
- Your contact information (such as postal address, telephone number, and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the DMCA Notice is accurate;
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner;
- Your physical or electronic signature.
Our Copyright Agent for receiving DMCA Notices is:
Trailwave Fiber Inc
6135 Hwy. 115 West
Clarkesville, GA 30523
If you fail to comply with the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
We may disclose your DMCA Notice to third parties, including the alleged infringer.
Please note that if you knowingly make a material misrepresentation that any material or activity on the Services is infringing your copyright, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notices to Claimed Copyright Infringement
If you believe that any material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may submit written notification (“Counter Notice”) to our Copyright Agent designated above. Pursuant to Section 512(g)(3) of the DMCA, the Counter Notice must include substantially the following:
- 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;
- Your name, postal address, and telephone number;
- A statement under 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;
- A statement that you will consent to the jurisdiction of the federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service of process from the person (or an agent of that person) who provided the relevant DMCA Notice; and
- Your physical or electronic signature.
Section 512(g) of the DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving your Counter Notice.
Please note that if you knowingly make a material misrepresentation that any material or activity on the Services was removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
NOTE: DMCA Notices and Counter Notices are only accepted for the purpose of addressing copyright infringement claims and are not the proper means to submit other legal claims.
NOTE: Trailwave accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.