Copyright Complaints

This Notice is subject to modification or termination at any time, without advance notice.

We will respond to notices of possible infringement that comply with the Digital Millennium Copyright Act (the entirety of which can be found at the U.S. Copyright Office Web Site, http://www.loc.gov/copyright/legislation/hr2281.pdf) and other intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to material to comply with the Digital Millennium Copyright Act, we will attempt to contact the owner or webmaster of the affected site so that they may make a counter notification.

Infringement Notification

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, §512, a copyright owner or it's authorized agent ("Complainant") may submit a notification alleging copyright infringement to us. To file a notice of infringement with us, Complainant 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 Complainant will be liable for damages (including costs and attorneys' fees) if Complainant materially misrepresent that a product or activity is infringing copyrights. Accordingly, if Complainant is not sure whether certain material is protected by copyright laws, we suggest that Complainant first contact an attorney.

In order to expedite our ability to process the request, the following format (including section numbers) must be used. A proper notification must have at least the following information:

1. Identification in detail of the copyrighted work claimed to have been infringed on and the site it appears on.
2. Identification of the material that Complainant claims is infringing the copyrighted work listed in item #1 above (or a representative list of such works at that site).
3. Information reasonably sufficient to permit Thruport Technologies, Inc. ("Thruport") to contact Complainant (email address is preferred).
4. The following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law, including but not limited to copyright exceptions such as fair use doctrine which allow use for news, parodies, research, and review."
5. 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."
6. Physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner.

Send the written communication to Thruport's designated agent at the following address:

Thruport Technologies, Inc.
Attn: Justin Higgins, DMCA Complaints
5440 Cherokee Ave.
Alexandria, VA 22312

And/or fax to:

And/or email to: DMCA Contact

Once Thruport receives this, we will investigate. If appropriate, we will remove or disable access to the allegedly infringing material and will attempt to notify the entity that submitted the material ("Respondent"). Respondent will then be given the opportunity to provide a Counter Notification claiming that the material is not infringing. If Respondent does so, Thruport will then notify Complainant of Respondent's objection. [§512(g)(2)] Thruport is then required within 10 to 14 business days to restore accessibility to the material or permit Respondent to do so, unless Complainant provides notification that it has filed an action at the appropriate district court seeking a court order to restrain Respondent from engaging in infringing activity. [§512(g)(2)(C)]

Counter Notification

If Thruport has removed or disabled access to the allegedly infringing material, we will attempt to notify the entity that submitted the material ("Respondent"). Respondent may make a counter notification pursuant to the Digital Millennium Copyright Act §512. When we receive a counter notification, we will reinstate the material in question or allow the owner of the site to do so.

When filing a counter notification with us, Respondent must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. There is a sample counter notification is located at the Chilling Effects Clearinghouse (http://www.chillingeffects.org/dmca/counter512.pdf). Please note that Respondent will be liable for damages (including costs and attorneys' fees) if Respondent materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if Respondent are not sure whether certain material infringes the copyrights of others, we strongly suggest that Respondent first contact an attorney.

In order to expedite our ability to process the counter notification, the following format (including section numbers) must be used. A proper notification must have at least the following information:

1. Identification of the specific URLs of material that Thruport has removed or to which Thruport has disabled access.
2. Respondent's name, address, telephone number, email address, and a statement that Respondent consents to the jurisdiction of Federal District Court for the judicial district in which Respondent's address is located (or Delaware County, Pennsylvania if Respondent's address is outside of the United States), and that Respondent will accept service of process originating from Complainant or an agent of Complainant.
3. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that each image or article identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. Physical signature of the site owner or a person authorized to act on behalf of Respondent.

Send the written communication to Thruport's designated agent at the following address:

Thruport Technologies, Inc.
Attn: Justin Higgins, DMCA Counter Notification
5440 Cherokee Ave.
Alexandria, VA 22312

And/or fax to:

And/or email to: DMCA Contact

If Respondent provides a Counter Notification claiming that the material is not infringing, Thruport will then notify Complainant of Respondent's objection. [§512(g)(2)] Thruport is then required within 10 to 14 business days to restore accessibility to the material or permit Respondent to do so, unless Complainant provides notification that it has filed an action at the appropriate district court seeking a court order to restrain Respondent from engaging in infringing activity. [§512(g)(2)(C)]

A copy of Thruport's Designated Agent form can be found at http://www.copyright.gov/onlinesp/list/index.html