OFS Portal, LLC Policies And Guidelines for Compliance With The Digital Millennium Copyright Act 17 U.S.C. § 512
OFS Portal, LLC (“OFS Portal”) transmits electronic or digital content, text, data, catalog information, pricing and other materials (collectively, “Content”) for the benefit of, and as directed by, the members or suppliers of OFS Portal and their respective affiliates (collectively, the “OFS Portal Suppliers”). OFS Portal does not initiate the transmission of Content, select the recipient of the Content or edit the Content. OFS Portal is a “service provider” as defined in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). OFS Portal hereby adopts and implements these Policies and Guidelines for Compliance with the DMCA (the “Guidelines”) which will govern the following activities:
A. Notifying OFS Portal of Content or other activities that may infringe upon the intellectual property of another person;
B. OFS Portal’s removing, or disabling access to, Content which is claimed to infringe upon another person’s intellectual property;
C. When appropriate, OFS Portal’s replacement of Content that has previously been removed or disabled; and
D. When appropriate, OFS Portal’s termination of repeat offenders.
II. Procedure to Deliver Notice to OFS Portal of Infringing or Defamatory Activity
A. Notification Procedure
In the event that any person suspects defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, arising under or relating to the OFS Portal website or any Content transmitted by OFS Portal, as applicable, such person may provide written notification regarding such defamatory or infringing activity to OFS Portal’s designated agent, as set forth below in Section II.B. The written notification (the “Infringement Notice”) must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
2. Identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple works or properties at a single online site are covered by a single notification, a representative list of such works or properties at that site.
3. Identification of the Content that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OFS Portal to locate the relevant Content.
4. Information reasonably sufficient to permit OFS Portal to contact the person providing the written notice, such as the applicable address, telephone number, and/or electronic mail address.
5. A statement that the person providing the written notice has a good faith belief that the use of the subject Content in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or applicable law.
6. A statement that the information in the written notification is accurate, and under penalty of perjury, that the notifying person is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed upon or on behalf of the person defamed.
A written notification received from an owner of an intellectual property right or from another person authorized to act on behalf of such owner that does not properly include the foregoing information will not provide OFS Portal with adequate knowledge or awareness of the facts or circumstances necessary to initiate the process to disable or remove Content in accordance with Section III below. In the event any person intends to provide written notification to OFS Portal regarding defamatory or infringing activity, such person should make every effort to provide OFS Portal with all necessary information as set forth above.
B. Designated Agent
OFS Portal has designated the following agent to receive written infringement notifications:
Name: Chris Welsh, CEO
Email Address: firstname.lastname@example.org
Address: OFS Portal, LLC
3 Riverway, Suite 1810
Houston, TX 77056
Telephone Number: 832.681.7300
III. Procedure for OFS Portal to Remove or Disable Access to Infringing Content or Materials
Upon receipt of a proper Infringement Notice and obtaining knowledge or awareness of any defamatory or infringing Content or other defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, arising under or relating to the OFS Portal website or transmissions by OFS Portal, as applicable, OFS Portal will perform the following actions:
A) Promptly provide written notification to the relevant OFS Portal Supplier of the claimed infringement;
B) Promptly return all funds received that are directly attributable to OFS Portal’s transmission of the defamatory or infringing Content prior to OFS Portal’s discovery that such Content was infringing upon another’s intellectual property right;
C) Promptly cease transmitting, remove, or disable access to, the Content that is claimed to be infringing or to be the subject of defamatory or infringing activity and which is residing on the system or network of OFS Portal; and
D) Promptly provide written notification to the relevant OFS Portal Supplier that the Content that is claimed to be infringing or to be the subject of defamatory or infringing activity has been removed or disabled.
IV. Procedure for Replacing or Retransmitting Content or Materials Following OFS Portal’s Receipt of a Counter Notice
A. Counter Notification Procedure
In the event that an OFS Portal Supplier believes that the removed or otherwise disabled Content does not infringe upon another person’s copyright, patent, trademark or other proprietary right, then the OFS Portal Supplier may provide a written counter notification (the “Counter Notice”) requesting that OFS Portal continue to transmit or provide such Content. The Counter Notice must be delivered to OFS Portal’s designated agent, as set forth above in Section II.B and must include the following information:
1) A physical or electronic signature of the OFS Portal Supplier;
2) Identification of the Content 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;
3) A statement under penalty of perjury that the relevant OFS Portal Supplier has a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled; and
4) The relevant OFS Portal Supplier’s name, address, and telephone number, and a statement (i)(a) that such OFS Portal Supplier consents to the jurisdiction of the Federal District Court for the judicial district in which its address is located, or (b) if the OFS Portal Supplier’s address is outside the United States, that such OFS Portal Supplier consents to the jurisdiction of the Federal District Court for any judicial district in which OFS Portal may be found, and (ii) that the relevant OFS Portal Supplier will accept service of process from the person who provided the notification under Section II.A of these Guidelines or an agent of such person.
A Counter Notice received from an OFS Portal Supplier that does not properly include the foregoing information will not provide OFS Portal with adequate knowledge or awareness of the facts or circumstances necessary to continue transmitting or replace the removed or disabled Content. In the event an OFS Portal Supplier intends to provide Counter Notice to OFS Portal, such person should make every effort to provide OFS Portal with all necessary information as set forth above.
B. Replacement of Removed or Disabled Content, Material, or Activity
Subject to Section IV.C below, upon OFS Portal’s designated agent’s receipt of a Counter Notice which substantially complies with the requirements of Section
IV. A above, OFS Portal shall perform the following actions:
1) Promptly provide a copy of the Counter Notice to the person who provided the Infringement Notice under Section II.A;
2) Promptly provide written notification to the person who provided the Infringement Notice that OFS Portal intends to transmit or replace the removed Content or otherwise cease disabling access to the Content in ten (10) business days; and
3) Transmit or replace or otherwise cease disabling access to the relevant Content not less than ten (10), nor more than fourteen (14), business days following OFS Portal’s designated agent’s receipt of the Counter Notice.
C. Extended Removal or Disablement
In the event the person who provided the Infringement Notice desires to contest the matters alleged in the Counter Notice, then such person may continue to prosecute its claim of infringement by any means available at law or in equity, unless otherwise restricted; provided that OFS Portal will not be responsible for the ultimate outcome of the claim. However, OFS Portal will not replace or cease disabling access to Content if, prior to OFS Portal’s replacement of the Content, as described in Section IV.B.3 above, such person provides written notification to OFS Portal’s designated agent that such person has filed an action seeking a court order to restrain the OFS Portal Supplier from engaging in infringing activity relating to the Content in question on OFS Portal’s system or network.
V. Interpretation and Amendment of Guidelines
These Guidelines are intended to be, and to the fullest extent possible shall be construed to be, consistent with and in furtherance of the DMCA, as it may be amended from time to time. These Guidelines may be amended at any time by OFS Portal by publishing the amended Guidelines at www.ofs-portal.com.
Last October 21, 2015
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