Notice and Takedown
Upon receipt of written notification provided in the manner required by 17 U.S.C. § 512, we will:
- Act expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity;
- Forward the written notification to the alleged infringer (“Customer”);
- Take reasonable steps to promptly notify the Customer that we have removed or disabled access to the allegedly infringing material.
If you believe that your work has been copied, adapted, reproduced, or exhibited on a Web site hosted by ColoGuard in a way that constitutes copyright infringement, or that otherwise violates your intellectual property rights, and you would like ColoGuard to remove the allegedly infringing work from the ColoGuard Network, you must provide written notice of the claimed infringing activity to our designated agent.
Your notice must include substantially the following information:
- Your physical or electronic signature.
- 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.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have 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.
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the owner of an exclusive right that is allegedly infringed, or are authorized to act on the owner’s behalf.
For more information please visit the Chilling Effects Clearinghouse. Designation of Agent to Receive Notification of Claimed Infringement ColoGuard’s designated agent to receive notification of claimed infringement is:
GAMBOURG & BORSEN LLC
2185 Lemoine Ave | B4 | Fort Lee, NJ 07024
Main 201-242-0220 | 201-242-6888 | firstname.lastname@example.org
If you are a Customer who has received notice from us that material has been removed from your Web site following our receipt of a notice of claimed copyright infringement, and you are the owner of the allegedly infringing material or are otherwise authorized to use such material (including ‘fair use’), you may provide written counter notification to our designated agent. Your counter notification must include substantially the following information:
- Your physical or electronic signature;
- Identification of the allegedly infringing material including the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, telephone number, and e-mail address; and
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, of any judicial district in which ColoGuard does business, and that you will accept service of process from the complaining party or its agent.
A utility to help you generate a counter-notification letter is available here.
Upon receipt of written counter notification provided in the manner required by 17 U.S.C. Â§ 512, we will:
- Promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days; and
- Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Customer from engaging in infringing activity relating to the material on ColoGuard’s system or network.
Please note that under federal law, if you knowingly make a material misrepresentation that online material is infringing, you may be subject to significant civil penalties including, but not necessarily limited to, monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner’s licensee injured as a result of our relying upon your misrepresentation. Please also note that we cannot and do not judge the merits of your claim (or counterclaim). Accordingly, we will not remove, or disable access to, any allegedly infringing material, nor restore any material that has been so removed, except according to the procedure set forth herein.
Service Fees; Repeat Infringers
Customers who have material removed in response to a notification of claimed infringement, and who do not assert that their use of the material removed was authorized (as evidenced by the filing of a counter notification), will be assessed a service fee of $100.00 per incident. We may, at our discretion, terminate the account of any Customer in connection with whose account we receive more than one notification of claimed infringement (to which the Customer does not provide a counter-notification) in any twelve-month period. We will terminate the account of any Customer in connection with whose account we receive three notifications of claimed infringement to which the Customer does not provide counter-notifications in any twelve month period.