Pursuant to the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512), Anaconda, Inc. (“Anaconda”) has implemented procedures for responding to clear written notification of claimed copyright infringements as set forth herein. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Anaconda 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 DMCA (the text of which can be found at the U.S. Copyright Office website, http://www.copyright.gov), but Anaconda will respond to notices of this form from other jurisdictions as well. Regardless of whether Anaconda may be liable for such infringement under local country law or United States law, Anaconda’s response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If Anaconda removes or disables access in response to such a notice, Anaconda will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. Anaconda may also document notices of alleged infringement on which we act.
A. Infringement Notification For Allegedly Infringing Materials
To file a notice of infringement with Anaconda, you must provide a written communication (by 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 any content or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, Anaconda suggests that you first contact an attorney. To expedite Anaconda’s ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above. NOTE: FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.
- Provide information reasonably sufficient to permit Anaconda to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit Anaconda to notify the owner/administrator of the allegedly infringing web page or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted work described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- 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.”
- Sign the paper.
- Send the written communication to the following address: Attn: Contracts and Legal Operations Department, DMCA Counter Notification Anaconda, Inc. 1108 Lavaca St. Ste 110-645, Austin, TX 78701, USA
B. Counter Notification
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 DMCA. 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):
- Identify the specific URLs or other unique identifying information of material that Anaconda has removed or to which Anaconda has disabled access.
- 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 Travis County, Texas, 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.
- 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.”
- Sign the paper.
- Send the written communication to the following address: Attn: Contracts and Legal Operations Department, DMCA Counter Notification Anaconda, Inc. 1108 Lavaca St. Ste 110-645, Austin, TX 78701, USA
C. Account Termination
For Services that have named accounts, Anaconda will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Anaconda and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.