DMCA Policy

DataBank, Ltd. is committed to managing copyright complaints responsibly and in compliance with applicable laws. Please review our DMCA policy.

Section 512 of the Copyright Law of the United States (17 USC ¬ß512; which is available online at http://www.copyright.gov/title17/512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider’s website.

DataBank, Ltd. (hereinafter DataBank) is a “service provider” within the meaning and definition of Section 512 DataBank has a designated agent to receive notification of alleged copyright infringement.

DMCA Agent for DataBank

Notification by mail
DataBank, Ltd.
400 South Akard St.
Suite 100
Dallas, Texas
75202
Attn: Compliance Officer

Notification by telephone
214.720.2266

Notification by fax
469.522.2518

Notification by e-mail
compliance@databank.com

How to report a claim of infringement
If you believe that a DataBank customer (hereinafter a Customer) has posted material that infringes your copyright, you must submit a written claim to our designated agent. Section 512 (c)(3)(A) requires that in addition to being written and addressed to our agent, your claim of copyright infringement must provide the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Customer site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DataBank is not required to respond to notices that do not meet the requirements of Section 512 (c)(3)(A). If you do not understand the provisions of the DMCA, we recommend that you seek independent advice from a knowledgeable authority.

When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent’s investigation of your claim.

Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) DataBank will undertake to have the disputed material removed from public view, in accordance with Section 512 (g). We will also notify the Customer who posted the allegedly infringing material that we have removed or disabled access to that material. DataBank, as a service provider, has no other role to play either in prosecuting or defending claims 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.

In the event that DataBank must remove, or disable access to, material on your site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that DataBank may do so by disabling access to your entire website.

Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution for perjury. DataBank will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

How to make a counter notification
If you are a Customer and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified above) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):

• A physical or electronic signature of the Customer.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• The Customer’s name, address, and telephone number, and a statement that the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Customer’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Customer will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

DataBank is not required to respond to counter notifications that do not meet the requirements of Section 512 (g)(3).

Our designated agent will present the Customer’s counter notification to the individual who filed the DMCA infringement complaint. Once the Customer’s counter notification has been delivered, DataBank is allowed under the provisions of Section 512 to restore the removed material in not less than ten nor more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.

It is DataBank’s policy to terminate Customers who are found to be repeat infringers of the DMCA. DataBank accommodates and does not interfere with “standard technical measures” as that term is defined in Section 512(i)(2).