It is the policy of Portbridge Internet Services, LLC to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") and all other applicable intellectual property laws. (A summary of the DMCA and its full text can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/laws/.) Actions required under the DMCA may include removing specific materials or disabling Websites until the infringing material is removed.

If we remove or disable access to material or a Website to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected Website so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.

The following sets forth the procedures that will be followed by Portbridge regarding Notices of Infringement and Counter-Notifications under the DMCA:

NOTICE OF INFRINGEMENT

To file a Counter-Notification pursuant to sections 512(g)(2) and (3) of the DMCA with Portbridge, the owner or administrator of the affected Website must provide a written communication (by fax or regular mail or email) that sets forth the items specified below:

1. The Notice must be in writing, signed as required by the DMCA and sent to our agent as follows:

   Steven J. Vining, Esq.
   1003 High House Road
   Suite 106
   Cary, NC 27513
   Fax: (919) 462-9698
   Email: (must include digital signature) svining@portbridge.com
   

2. The Notice must identify in sufficient detail the copyrighted work that you believe has been infringed. For example, "The copyrighted work at issue is the text that appears on www.[website name].com." [This is where the copyrighted material is published by its rightful owner.]
3. The Notice must identify the material that you claim is infringing on the copyrighted work described in the Notice. The Notice must also identify where the allegedly infringing material is located with sufficient specificity so that we can locate the material and remove or disable the material or Website. Please include the URL of the Website, including any specific page reference. [This is where the alleged infringement is occurring.]
4. The Notice must include information reasonably sufficient to contact you (the complaining party), such as email, mailing address or telephone number.
5. The Notice must include the following statement: "I have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, its agent or the law."
6. The Notice must include the following statement: "I swear under the penalty of perjury, that the information in the Notice 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."

PORTBRIDGE'S ACTIONS

Upon receipt of a Notice under the DMCA, Portbridge will use its reasonable best efforts to do the following:

1. Promptly acknowledge receipt of the Notice of Infringement. If the claim is incomplete or fails to comply with the requirements of the DMCA, Portbridge will promptly attempt to contact the person providing the Notice of infringement.
2. Promptly attempt to notify the owner of the Website that contains the allegedly infringing material of the claim.
3. Promptly direct removal of the allegedly infringing material or stop access to the Website containing such allegedly infringing material. This shall be accomplished within 14 days of receipt of a Notice of Infringement.
4. Upon receipt of a "Counter-Notification" as described below, Portbridge shall arrange prompt restoration of the allegedly infringing material or access to the Website containing such allegedly infringing material, as the case may be. This shall be accomplished within 14 days of receipt of a Counter-Notification.

COUNTER-NOTIFICATION

To file a Counter-Notification pursuant to sections 512(g)(2) and (3) of the DMCA with Portbridge, the owner or administrator of the affected Website must provide a written communication (by fax or regular mail or email) that sets forth the items specified below.

1. The Counter-Notification must be in writing, signed as required by the DMCA and sent to our agent as follows:

   Steven J. Vining, Esq.
   1003 High House Road
   Suite 106
   Cary, NC 27513
   Fax: (919) 462-9698
   Email: (must include digital signature) svining@portbridge.com
   

2. The Counter-Notification must identify in sufficient detail the allegedly copyrighted material that has been disabled or removed and the location at which it appeared before it was removed or disabled. For example, "The removed or disabled material at issue is the text that appeared on www.[website name].com which was described in the Notice." [If only a portion of the disabled or removed material is in dispute, specifically describe that which is in dispute.]
3. The Counter-Notification must include information reasonably sufficient to contact you (the Website owner or administrator), such as email, mailing address or telephone number.
4. The Counter-Notification must include the following statement: "I have a good faith belief that use of the materials described above on the Website described above does not infringe on the rights of the copyright owner, it agents or the law."
5. The Notice must include the following statement: "I swear under the penalty of perjury, that I have a good faith belief that material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."

Please note that you may 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 is infringing upon a copyright, we suggest that you first contact an attorney.