Digital Millenium Copyright Act Notice
Takedown Policy and Procedures
It is our policy to respond to proper notices of alleged copyright infringement that comply with United States Digital Millennium Copyright Act (DMCA), (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov). We respect intellectual property rights of others just as we expect third parties to respect our rights.
Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- 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 copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices to the following. For prompt response please send by email:
Mark A. Flynn
382 Summit Street
Manchester CT, 06042
The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- 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, address, telephone number, and, if available, an email address at which you may be contacted;
- The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Sign the document.
- Send the written communication (by email, fax or mail to) our designated Copyright Agent to receive DMCA Notices: Mark A. Flynn at MarkFlynn@TheActofAdulting.com or send to Mark A. Flynn, 382 Summit Street, Manchester, CT 06042
Repeat Infringer Policy
Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we will maintain a list of DMCA notices from its copyright holders with its registered DMCA Agent. The company makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.
TAoA reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.