Intellectual Property Policy
One Click Technology Group, LLC is an Online Service Provider per Title II of the Digital Millennium Copyright Act, 17 USC Section 512. This policy is intended to guide copyright owners in utilizing the filing procedure detailed below and also to guide administrators in restoring access to websites that are disabled due to mistake.
It is One Click Technology Group, LLC’s policy (hereinafter referred to as OCTG) to comply fully with the Digital Millennium Copyright Act (hereinafter referred to as DMCA) and other applicable intellectual property laws and respond to notices of alleged infringement to respect the legitimate rights of copyright owners, their agents, and representatives. OCTG will (1) accommodate and not interfere with standard technical measures (as defined by DMCA); (2) disable access to or remove content that it believes in good faith may infringe the copyrights of third parties; and (3) discontinue service to users who repeatedly make such content available or otherwise violate OCTG’s Policy. OCTG shall also make good faith attempts to contact the administrator of the affected site so that proper notice can occur pursuant to sections 17 USC Section 512(g)(2) and (3) of this Act. PERSONS affected by this policy understand that a copy of the notice may be sent to one or more third parties who may make it available to the public.
OCTG shall document all notices of alleged infringement on which we act. Please refer to the following detailed instructions which must be followed to protect your rights under this Act. CLIENTS, USERS and PERSONS of INTEREST understand that this policy is subject to modification or termination at ANY TIME whether for changes in the law or at the convenience of OCTG, without advance notice. It is not the responsibility of OCTG to notify anyone of such changes.
1. Designated Agent Information
One Click Technology Group, LLC
ATTN: Data & Security Officer
P.O. Box 310
Twinsburg, OH 44087
OR Fax to:
330.800.3836
Attn: Copyright Agent
Subject: DMCA Notification
OR Email to:
Subject: DMCA Notification
Upon receipt of proper notification of claimed infringement, OCTG will follow the procedures outlined herein and in the DMCA. You hereby acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
2. Notification of Infringement Procedure
If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe that a copyrighted work is being used or provided through OCTG’s services in a manner that constitutes copyright infringement, please send the following information to OCTG’s designated agent:
– Identification of the copyrighted works claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a complete or representative list of such works. This includes the URL or domain name where the infringement occurs.
– Identification of the material that claimant believes infringes its copyright and that claimant wants removed or access to which is to be disabled and information reasonably sufficient to permit OCTG to locate said material.
– Provide information reasonably sufficient to permit OCTG to contact claimant, such as address, telephone number, and email address.
– Include the following statement: “I have good faith to believe that the use of materials as described above is not authorized by the copyright owner, its agent, or the law.”
– Include the following statement: “The information in this notification is accurate and that I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
– A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed is necessary.
Please note that you will be held liable for damages (including costs and attorney’s fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
If OCTG receives proper notification or OCTG comes to believe in good faith that content available through OCTG’s services may infringe copyrights, it will remove or disable access to the potentially infringing materials as soon as reasonably possible. OCTG will also promptly notify the CLIENT or USER who made the content available through OCTG’s services that the content was removed or access to it has been disabled.
3. Counter Notification Procedure
If material is removed from the OCTG’s service, or if access to material is disabled, and you believe that (1) the material is not infringing, or (2) that you have the right to use or distribute the material as the copyright owner, the copyright owner’s agent or licensee, or pursuant to the law, you may submit a counter-notification to OCTG. Please note that in order to be ensured of receiving notice that material has been removed or access to it has been disabled, your must provide an email address to OCTG when you upload material.
OCTG must receive any counter-notification within ten (10) business days of giving notice that material has been removed or access to it disabled. If your counter-notification is not received within that time, the material will be permanently disabled. Please send the following information:
– Identify 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.
– Provide information reasonably sufficient to contact counter-claimant, such as address, telephone number, and email address.
– Include the following statement: “I consent to the jurisdiction of the Federal District Court for judicial district in which your address is located, (or Trumbull Country, Ohio if your address is outside of the United States), and that you will accept service of process from the person who provided notification under section (c)(1)(c) or an agent of such person.
– Include the following statement: “I swear, under penalty of perjury, that I have good faith belief that the material was removed or disabled as a result of a mistake or misidentification to be removed or disabled.”
– A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed is necessary.
Please note that you will be held liable for damages (including costs and attorney’s fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
If a proper counter-notification is received by OCTG’s agent, OCTG may send a copy of the counter-notification to the original complainant. The counter-notification may be accompanied by notice that OCTG will replace or restore access to the content within fifteen (15) business days of the date the notice is sent, unless a legal action is brought against the designated person filing the counter-notification, seeking a court order regarding the ownership and / or use of the content, and OCTG is provided with proof of the commencement of the action. If such action is not commenced and proof of commencement provided to OCTG, then the content that is the subject of the counter-notification will be replaced or access to it restored unless OCTG determines, in its sole discretion, that doing so would violate OCTG’s Terms of Service, including but not limited to the Intellectual Property Policy.
4. Injunction
If OCTG receives notification from a copyright holder who has procured an injunction prohibiting OCTG from providng access to allegedly infringing material, the client will be notified be email of the injunction. OCTG will follow the requirements of an enforceable injunction, anything to the above notwithstanding.
5. Repeat Offenders
OCTG will, in appropriate circumstances, terminate authorization of users to its system or network who are repeat offenders of this policy. If you believe that an account holder or CLIENT is a repeat offender, please follow the above instructions above to contact OCTG’s agent for us to verify that the PERSON(S) in question are in fact repeat offenders.
Further, if you believe that OCTG’s CLIENTS are using your trademark in a manner that violates your rights as a trademark holder, you may submit a notification to OCTG. Please follow the above procedures in submitting such claims but replace DMCA Notification with Trademark Notification where applied.
Please also include the following in your claims when submitting to OCTG:
– Include the following statement: “I have a good faith belief that use of the material described is not authorized by the trademark owner, the trademark owner’s agent, or the law.”
– Include the following statement: “I am the owner or am authorized to act on behalf of the owner of the trademark that I believe is infringed.
– Attestation that the information provided is fair, true, and accurate.
– A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive trademark that is allegedly infringed is necessary.
Please note that you will be held liable for damages (including costs and attorney’s fees) if you materially misrepresent that a product or activity is infringing your trademark(s). Accordingly, if you are not sure whether material available online infringes your trademark, we suggest that you first contact an attorney.
If OCTG receives proper notification or OCTG comes to believe in good faith that content available through OCTG’s services may infringe trademarks, it will remove or disable access to the potentially infringing materials as soon as reasonably possible. OCTG will also promptly notify the CLIENT or USER who made the content available through OCTG’s services that the content was removed or access to it has been disabled.