HomeDCMA Policy

PointOfTech.com DCMA Policy

PointOfTech.com respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, and specifically in accordance with 17 USC § 512(c)(3), PointOfTech will respond expeditiously to claims of copyright infringement committed using the PointOfTech service, if such claims are reported to PointOfTech Technical Copyright Team identified below.

How to Submit a Notice of Claimed Infringement

If you believe that your work has been copied and published on our Site in a way that constitutes copyright infringement, please provide our Technical Team (identified below) with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  • A description of the copyrighted work or other intellectual property that you claim has been infringed
  • A description of where the material that you claim is infringing is located on the Site (preferably including specific URLs associated with the material)
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement (“Notice”) to our Technical Team at contact@pointoftech.com.

Please do not send other inquiries or information to our Technical Team. Absent prior express permission, our Team member is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

How We Respond to Take Down Notices

The following “notification and takedown” procedures apply upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to or remove any material or activity accessible on the Site that is claimed to be infringing or from which infringing activity is apparent based on facts or circumstances. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S. C. § 512 of the DMCA. The Site’s DMCA Notice Procedures are set forth in the preceding paragraphs. If the Notice does not comply with § 512 of the DMCA but does comply with three requirements for identifying sites that are infringing according to § 512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the Technical Team receives a valid Notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Technical Team containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Technical Team receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the Technical Team receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.

How to Submit a Counter-Notification

If a user is affected by a DMCA removal and believes that the allegedly infringing material has been removed as a result of mistake or misidentification, the user is permitted to submit a counter-notification pursuant to § 512(g)(2)-(3) of the DMCA. A counter-notification is the proper method for a user to dispute the removal or disabling of material pursuant to a Notice. The information that a user provides in a counter-notification must be accurate and truthful, and the user will be liable for any misrepresentations which may cause any claims to be brought against the Site relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide our Technical Team the following information:

  • A specific description of the material that was removed or disabled pursuant to the Notice;
  • A description of where the material was located on the Site before such material was removed and/or disabled (preferably including specific URLs associated with the material);
  • A statement reflecting the user’s belief that the removal or disabling of the material was done erroneously. For convenience, the following language may be used:

“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”

  • The user’s physical address, telephone number, and email address; and,
  • A statement that the user consents to the jurisdiction of the federal district court in and for the judicial district where the user is located, or if the user is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided the Notice, or that person’s agent.

Written counter-notification containing the above information must be signed and sent to our Technical Team at contact@pointoftech.com.

English Language

All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.

Service Provider Customers Or Subscribers

In the event that the alleged infringer identified in an intended DMCA Notice is, itself, operating as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1), the Site requests that any such DMCA Notices relating to alleged infringement by third party users, customers or subscribers of such service providers be submitted directly to the DMCA Technical Team by the service provider instead of the Site.

Changes to our DCMA Policy

If we decide to change our DCMA policy, we will post those changes on this page. We encourage Users to frequently check this page for any changes to stay informed about our updates. You acknowledge and agree that it is your responsibility to review this DCMA policy periodically and become aware of modifications.

Questions

If you have any questions about this policy in general, please email contact@pointoftech.com.