Digital Millennium Copyright Act (DMCA) Information



NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT

This information should not be construed as legal advice to our Members or Visitors. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We are providing the following information to you for informational purposes only.

DMCA VIOLATION NOTIFICATION

If you believe that a Web page hosted by Pure Energy Systems is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Pure Energy Systems' designated agent in the manner described below.

email : support@purenrg.com

To be effective, the Notification must comply with 17 U.S.C. §512(c)(3)(A) and include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above the Service Provider, pursuant to 17 U.S.C. §512(g)(2)(A), shall:

  1. Remove or disable access to the material that is alleged to be infringing;
  2. Forward the written notification to such alleged infringer ("Subscriber"), if not already done so by the Complaining Party;
  3. Take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

DMCA COUNTER NOTIFICATION

If a notice of copyright infringement has been filed against you, you may file a counter notification with Pure Energy Systems' designated agent at the address listed above. Such counter notification must contain the following information:

To be effective, a Counter Notification must comply with 17 U.S.C. §512(g)(3) and be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the Subscriber;
  2. 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;
  3. 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;
  4. 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 or an agent of such person.

Upon receipt of the written Counter Notification containing the information as outlined in 1 through 4 above the Service Provider, pursuant to 17 U.S.C. §512(g)(2)(B) & (C), shall:

  1. Promptly provide the Complaining Party with a copy of the Counter Notification;
  2. Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days;
  3. Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

Please be advised that U.S. copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement.

TERMINATION POLICY

Pure Energy Systems prohibits the following activities on any websites hosted by Pure Energy Systems:

  1. The use of copyrighted, trademarked, patented or service-marked material without the express permission of the author or owner;
  2. The commission of any acts of copyright, trademark, patent, trade secret or other intellectual property infringement; and
  3. Contributing to, inducing, or facilitating such infringement.

If any Pure Energy Systems client or subscriber is associated with any of such activities, Pure Energy Systems reserves the right to:

  1. Terminate any client or subscriber;
  2. Cancel, remove, and/or disable access to such infringing or violating content; and/or
  3. Remove or disable access to any Subscriber Web Page with or without prior notice, in Pure Energy Systems sole discretion.