Digital Millennium Copyright Act of 1998 (DMCA) Notice and
Designation of Agent for Copyright Infringement Notification
Pursuant to the terms of the Digital Millennium Copyright Act of 1998 (“DMCA”), 3RD LEVEL, INC., the owner (hereinafter “Service Provider”) of the website thetransformationsinstitute.com and its subdomains, has registered an Interim Designated Agent with the United States Copyright Office. This Interim Designated Agent is assigned to receive all notifications under the DMCA.
The Service Provider’s Interim Designated Agent can be contacted as follows:
Stephen M. Nipper
Buchanan Nipper LLC
1508 W. Cayuse Creek Dr., Ste. 125
Meridian, ID 83646
A. POLICY ON INFRINGING ARTICLES OBTAINED THROUGH THIS SERVER
It is the Service Provider’s policy to fully comply with the terms of the DMCA and to remove any article which the Service Provider is notified infringes upon the copyrights of any party. The Service Provider does not knowingly place any infringing items on the Service Provider’s servers.
Furthermore, it is the Service Provider’s policy to, at the Service Provider’s discretion, terminate the accounts of any content provider who utilizes the Service Provider’s services who knowingly infringes upon the copyrights of others.
B. NOTIFYING THE SERVICE PROVIDER IF YOU FEEL MATERIAL AVAILABLE FROM THE SERVICE PROVIDER’S SERVER VIOLATES YOUR COPYRIGHTS
The Service Provider refers you to the full text of the DMCA for a complete description of your rights and obligations concerning materials on this server that you feel violate your copyrights. It is the Service Provider’s policy to fully comply with the DMCA.
You may notify the Service Provider of materials that you feel are infringing by notifying the Designated Agent at the contact information indicated above. Your notification (the “Notice”) should comply with the requirements of the DMCA. At a minimum, the Notice should include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location where the material that you claim is infringing is located and a description of the precise information contained on that site that you feel infringes upon your rights;
- information that permits the Service Provider to contact you, including your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
C. HOW THE SERVICE PROVIDER PROCESSES NOTICES IT RECEIVES
It is the Service Provider’s policy to follow the terms of the DMCA. Upon receipt of a Notice that “substantially complies” with the contents that are proscribed by the DMCA, the Service Provider will take action to remove or disable the material that is claimed to be infringing.
The Service Provider will contemporaneously notify the party responsible for such material that the Service Provider has received the notification. This notification will include a statement that this party has the right to give us a counter notification which complies with the requirements of the DMCA.
If the Service Provider receives a counter notification from the party responsible for the allegedly infringing content, the Service Provider will notify you that the Service Provider shall replace the removed or disabled material in ten (10) business days unless you notify the Service Provider that you have commenced court action against the allegedly infringing party within that ten (10) day period.
If you file a court action, the allegedly infringing materials will remain disabled until an order of the court determines the matter.
D. YOUR FURTHER RIGHTS
For a complete description of the rights that you have under the DMCA and the procedure that the Service Provider will follow, the Service Provider refers you to the full text of the DMCA. Nothing in these policies is intended to supplant the requirements and procedures contained in the DMCA. If there is conflict between these policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.
Copyright Office Home Page http://www.loc.gov/copyright/index.html
Summary of Digital Millennium Act From the Copyright Office: http://www.loc.gov/copyright/legislation/dmca.pdf