Digital Millennium Copyright Act Claims
WhiteFence, Inc. ("WhiteFence") is committed to complying with all U.S. copyright and related laws. Pursuant to Title II of the Digital Millennium Copyright Act of 1998 (the "DMCA"), all claims alleging copyright infringement for material that is believed to be residing on WhiteFence's system or network should be promptly sent in the form of written notice to WhiteFence's Designated Agent:
Donna Montes - Designated Agent for DMCA Notices
5333 Westheimer, Suite 1000
Houston, Texas 77056
Facsimile No.: 713-663-0165
NOTE: No other notices or communications should be sent to the designated agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA. A valid notification must be a written communication that satisfies the requirements of Title 17 U.S.C. Sec. 512(c)(3) and includes all of the following elements:
- A physical or electronic signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Please be aware that there are substantial penalties for false claims.
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to the service provider's designated agent. A valid counter-notification is a written communication that satisfies the requirements set forth in the DMCA (see Title 17 U.S.C. Sec. 512(g)(3)) and includes all of the following elements:
- A physical or electronic signature;
- Identification of 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;
- 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; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications and counter-notifications, please see Title 17 U.S.C. Sec. 512.