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Digital Millennium Copyright Act Policy

Last modified May 17, 2013.

It is the policy of Caspio to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws.

INFRINGEMENT NOTIFICATION

To file a notice of infringement with Caspio, 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.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Under Title 17, United States Code, Section 512(c)(3)(A), and 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.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above and information reasonably sufficient to enable Caspio to locate the material (usually a URL to the relevant page).
  3. Provide information reasonably sufficient to permit us to contact you (email address is preferred, however please also include address, phone number, and fax number).
  4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
  5. 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."
  6. Sign the paper.
  7. Send the written communication to the following address:

Caspio, Inc.
Attn: Legal, DMCA Complaints
2953 Bunker Hill Lane, Suite 201
Santa Clara, CA 95054 USA

OR fax to:

(650) 403-0701
Attn: Legal, DMCA Complaints

If we receive a notification that meets all the requirements listed above we will:

  1. Reply to your notification to confirm its receipt.
  2. Send the Caspio customer written notification, along with a copy of your notification, requesting removal of the allegedly infringing material and requiring confirmation of the removal be sent to Caspio within 24 hours.
  3. Disable access to the allegedly infringing material or the customer's account if the customer fails to remove the allegedly infringing material and/or fails to inform Caspio of the removal within 24 hours of Caspio's notification.
  4. Send you notice of the customer's counter notification and our intent to re-enable access to the material or the account within 10-14 days of Caspio's receipt of any customer counter notification. (This paragraph applies only if the counter notification meets the requirements listed below.)
  5. If Caspio sends you notice of the customer's counter notification, please send notice to Caspio that you have filed an action seeking a court order to restrain the customer from engaging in the infringing activity.
    YOUR NOTIFICATION OF FILING AN ACTION MUST BE RECEIVED BY CASPIO PRIOR TO CASPIO'S RE-ENABLING THE ACCOUNT OR RE-ENABLING ACCESS TO THE MATERIAL.

Caspio will, upon receipt of your notice of filing an action:

  1. Inform the customer of your notice of filing an action seeking a court order and that access to the account or material will remain disabled; and
  2. Refrain from re-enabling the customer's access to the account or inform.

COUNTER NOTIFICATION

If you receive a Notice of Alleged Copyright Infringement Caspio has received a notice that our network, system(s), or server space assigned to your account contain material that is claimed to be infringing upon the exclusive copyright of the sender of that notice. Under the Digital Millennium Copyright Act, 17 United States Code § 512, Caspio is required to respond expeditiously to remove the material that is claimed to be infringing.

Caspio requests that, within 24 hours of receiving Caspio's Notice of Alleged Copyright Infringement, you remove the allegedly infringing material and notify Caspio that you have done so, otherwise, Caspio will disable access to the material or disable access to your account. However, if you believe in good faith that the allegedly infringing material that has been removed or to which access has been disabled was done so by mistake or misidentification, you 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 will 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. A sample counter notification may be found at http://www.chillingeffects.org/dmca/counter512.pdf.

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

  1. Identify the specific URLs and material that Caspio has removed or to which Caspio 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 Santa Clara County, California 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 or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  4. Sign the paper.
  5. Send the written communication to the following address:

Caspio, Inc.
Attn: Legal, DMCA Complaints
2953 Bunker Hill Lane, Suite 201
Santa Clara, CA 95054 USA

OR fax to:

(650) 403-0701
Attn: Legal, DMCA Complaints

If we receive a notification that meets all the requirements listed above we will:

  1. Reply to your notification to confirm its receipt.
  2. Send the complainant written notice of your counter notification and inform them that access to the material will be enabled within 10-14 days of Caspio/s receipt of your counter notification unless the complainant provides written notification to Caspio that it has filed an action in court to restrain access to the allegedly infringing material.
  3. Enable access to the allegedly infringing material or your account within 10-14 days of Caspio's receipt of your counter notification unless the complainant provides written notification to Caspio that it has filed an action in court to restrain access to the allegedly infringing material.
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