DMCA

Digital Millennium Copyright Act (DMCA) Notice

If you believe that material available through our online service has infringed your intellectual property rights, we encourage you to contact us using the procedure outlined below.

I. PROCEDURE FOR REPORTING INTELLECTUAL PROPERTY INFRINGEMENT:

It is our policy to (1) block access to or remove any text, graphics, or other content (collectively, “Content”) that we believe in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and (2) remove and discontinue service to repeat infringers.

If you believe that Content residing on or accessible through our service constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please use the form below to send a notice of infringement to our Designated Agent:

II. ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:

It is our policy:

  1. to remove or disable access to the allegedly-infringing Content;
  2. to notify the user whose Content has been removed or disabled; and
  3. that repeat offenders will have the allegedly-infringing Content removed from the service and that we will terminate such user’s access to the service.

III. PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:

If the notified-user believes that the Content that was removed or to which access was disabled is either not infringing, or the user believes that he or she has the right to post and use such Content from the rights owner, the owner’s agent, or pursuant to the law (including as a fair use), the notified-user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. Identification of the Content that has been removed or disabled, including a description of where the material in question appeared on the service before it was removed or disabled (e.g., it’s precise URL);
  2. A statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed as a result of a mistake or misidentification of the Content in question;
  3. Your contact information, including full name, mailing address, telephone number, and email address;
  4. A statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which we are located, and that you will accept service of process from the person who provided notification of the alleged infringement;
  5. Your electronic or physical signature.

If a counter-notice is received by the Designated Agent, we will send a copy of the counter-notice to the original complaining party – including your address, telephone number, and email address – and inform that party that we may replace the removed Content or cease disabling it in 10 business days. Unless the rights owner files an action seeking a court order against the user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney’s fees.

You may contact our Designated Agent to Receive Notification of Claimed Infringement at the following address:

Benjamin A. Costa
Wilcomp Software LLC c/o Ridder, Costa & Johnstone LLP
12 Geary Street
Suite 701
San Francisco, CA 94108
DMCA@nelnet.com

No correspondence to DMCA@nelnet.com related to any other matters will be answered.

Please note that if you send a DMCA notice of infringement to our Agent directly, any such notice must include all of the information and affirmations set forth in our form above, which is provided for your convenience.
 

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