- Aug 18, 2010
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 Tech-Tools 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,
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 banning members. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the member of the affected 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 our lawyer for annotation.
Infringement Notification for Web Search and all other products
To file a notice of infringement with us, you must provide a written or typed communication (by regular mail -- or by email) 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 recent case
To expedite our ability to process your request, please use the following format (including each individual thread):
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
") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the Touch Not This Cat by Dudley Smith, published by Smith Publishing, ISBN #0123456789").
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
Sending copyright infringement details to our Data Center may result in a non-response on our behalf, please direct all infringement notices strictly to admin [@] Thewindowsforum.com
3. Provide information reasonably sufficient to permit TechTools to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit TechTools to notify the member of the allegedly infringing content (username).
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. Type your name & middle initial on the email.
Please note that a copy of each legal notice we receive is sent to a third-party, which is our attorney for annotation.
The member(s) of TechTools 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/process a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a typed communication (by regular mail -- or by email) 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.
To expedite our ability to process your counter notification, please use the following format (including each section):
1. Identify the specific URLs or other unique identifying information of material that TechTools has removed or to which TechTools 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 Santa Clara 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 ©(1)© 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. Type your full name and middle initial on the email.
5. Send the communication to the following Link:
Many TechTools Services do not have account holders or subscribers. For Services that do, TechTools will, in appropriate circumstances, terminate repeat infringer's. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact TechTools and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.