Digital Millennium Copyright Act

It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Netcorp, Inc. as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

The Digital Millennium Copyright Act of 1998 is an amendment to U.S. copyright law. It is designed to limit liability of a Service Provider for content on the provider's system or network that was placed there by a user.

The text of the DMCA can be found at http://www.copyright.gov/. The relevant section of the DMCA is "TITLE II--ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION," especially all of section 512.

Policy for handling claims of infringement

Any original material created by an individual or group is protected by copyright or intellectual property rights under United States and international law. Put broadly, this means that anything original that you have written down, or created as an original recording or an original image, etc., is protected from infringement by others.

Just as your original material is protected from unauthorized use by others, their material is their property and you may not use it without permission. Doing so may invite lawsuits claiming infringement. This includes written works, email, images, sounds, etc., whether online or on paper.

As a Service Provider and under the provisions of the DMCA, Netcorp, Inc. may be obligated to take down materials that our users have posted if a claim of infringement is received. This process includes a counter-claim process.

How to report a claim of infringement

Section 512 (c)(3)(A) of the Digital Millennium Copyright Act requires that a claim of copyright infringement must be sent to our designated agent. The claim must provide certain information (detailed below) in order for it to be considered a valid claim.

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' 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.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.example.com/example_page.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the “Name OF Work” by John Doe, published by Doe Publishing, ISBN #0123456789").

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit Netcorp, Inc. to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit Netcorp, Inc. to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

8. Send the written communication to the following address:

Netcorp, Inc.
Attn: Designated Agent, DMCA Complaints
47515 Eleven Mile
Novi, MI 48374

OR fax to: (248) 692-0458, Attn: Designated Agent, DMCA Complaints

Upon receipt of a valid claim, i.e., a claim in which the requested information is substantially provided, Netcorp, Inc. will undertake to have the disputed material removed from public view until a counter-claim is filed or until a court ruling determining the disposition of the disputed material is received. Under the provisions of the DMCA Netcorp, Inc., as an Internet Service Provider, has no other role to play either in prosecuting or defending a claim of infringement, and cannot be held accountable in any case for damages regardless of whether a claim of infringement is found to be true or false.

Section (512) (f) of the DMCA defines penalties for intentional misrepresentation of a claim.

3. How to make a counter-claim

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the specific URLs or other unique identifying information of material that Netcorp, Inc. has removed or to which Netcorp, Inc. has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Livingston County, Michigan if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

4. Sign the paper.

5. Send the written communication to the following address:

Netcorp, Inc.
Attn: Designated Agent, DMCA Complaints
47515 Eleven Mile
Novi, MI 48374

OR fax to: (248) 692-0458, Attn: Designated Agent, DMCA Complaints

The counter-claim will be presented to the filer of the infringement complaint by the Netcorp, Inc. Designated Agent. Once the counter-claim has been delivered, Netcorp, Inc. must, under the provisions of the DMCA, restore the removed content in not less than ten or more than fourteen days, unless the complaining party files an action seeking a court order against the subscriber.

Our Designated Agent

Service Provider:	Netcorp, Inc.
Address of Service Provider:	47515 Eleven Mile Road Novi, MI 48374
Designated Agent:	Designated DMCA Agent
Designated Agent full address:	47515 Eleven Mile Road Novi, MI 48374
Designated Agent phone number:	(248) 349-6281
Designated Agent FAX number:	(248) 692-0458
Designated Agent email address:	dmcaagent@thenetcorp.com