YourNNY / ThunderForce Communications, Inc. (“YourNNY / ThunderForce Communications”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and specifically in accordance with 17 USC § 512(c)(3), YourNNY / ThunderForce Communications will respond expeditiously to claims of copyright infringement committed using the YourNNY / ThunderForce Communications services and/or any YourNNY / ThunderForce Communications website (the “Site”) and Affiliate Companies if such claims are reported to YourNNY / ThunderForce Communications`s Designated Copyright Department listed below.
DMCA Notice of Alleged Infringement (“Notice”)
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to YourNNY / ThunderForce Communications’s Designated Copyright Agent. Upon receipt of Notice as described below, YourNNY / ThunderForce Communications will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by your Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to YourNNY / ThunderForce Communications’s Designated Copyright Department:
YourNNY / ThunderForce Communications, Inc.
c/o Copyright Department
PO Box 6295
Watertown, NY 13601
DMCA Counter – Notice of Alleged Infringement and Claim
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder’s agent, or pursuant to law, to post and use the material in your content, you may send a Counter – Notice of Claim containing the following information to YourNNY / ThunderForce Communications’s Copyright Department:
- Your physical and or electronic signature;
- Identification of the content that was removed or to which access has been disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the State of New York Districts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a such a Counter Notice of Claim is received by our Copyright Department, YourNNY / ThunderForce Communications may send a copy of the Counter Notice of Claim to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. If such legal authorization can be provided that licensing and royalty agreements are held for the content such as ASCAP, BMI, SOCAN, GEMA or EU Regulatory Agency we would require a copy of that agreement on file.
YourNNY / ThunderForce Communications`s Policy Regarding Repeat Infringers
YourNNY / ThunderForce Communications does not condone or tolerate copyright infringement or any violation of the intellectual property rights of YourNNY / ThunderForce Communications or of others. YourNNY / ThunderForce Communications reserves the right to terminate the access and/or the use privileges of any person or company who has been determined to be a ‘repeated infringer’ of the copyright law in general. YourNNY / ThunderForce Communications shall reserve the right to define the criteria by which YourNNY / ThunderForce Communications will determine that a person is a ‘repeat infringer.’
In the event that repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, or any provisions of the US Copyright Law YourNNY / ThunderForce Communications shall adopt that definition as a minimum standard. Without limiting YourNNY / ThunderForce Communications’s right to define ‘repeat infringer,’ as a general rule, YourNNY / ThunderForce Communications will define a ‘repeat infringer’ as any person or entity about whom YourNNY / ThunderForce Communications has received two or more DMCA Notices of Alleged Infringement and or other documentation stating that infringement has taken place. YourNNY / ThunderForce Communications will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate under our policy and law.
REGARDLESS OF WHETHER THUNDERFORCE TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, THUNDERFORCE IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL THUNDERFORCE INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY THUNDERFORCE WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.
We would like to state the following if you have a ASCAP, BMI, SOCAN, GEMA or EU Regulatory Agency Issued license agreement allowing you to hold, use, obtain and or maintain copyright use please have that available. Please Note: This copyright policy also covers the entire DCMA and Circular 92 of the US Copyright Law under Title 17.