Skyway Networks - Web site hosting, co-location, and web site development services DMCA Policy at Skyway Networks
 


Skyway Networks respects the intellectual property rights of others and requires our customers to do the same. We will respond to notices of possible infringement that comply with the Digital Millenium Copyright Act (http://www.loc.gov/copyright/legislation/hr2281.pdf) and other intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to the material to comply with the Digital Millenium Copyright Act, we will make a commercially reasonable attempt to contact the owner of the affected web site so that they may make a counter notification.

This policy is subject to modification or termination at any time, without advance notice.

Infringement Notification
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, §512, a copyright owner or its authorized agent ("Complainant") may submit a notification to Skyway Networks alleging copyright infringement. To file a notice of infringement with us, the Complainant must provide us with written communication (postal mail, but not email) that sets forth the items specified below. Note that the Complainant will be liable for damages (including costs and attorneys' fees) if the Complainant materially misrepresents that material is infringing copyrights. Accordingly, if the Complainant is not sure whether certain material is protected by copyright laws, we recommend that the Complainant first consult an attorney.

To expedite our ability to process infringement notifications, we recommend the following format (including section numbers) be used. A proper notice must have a minimum of the following information:
  1. Detailed identification of the copyrighted work claimed to have been infringed on, along with the site it appears on.

  2. Identification of the material that Complainant claims is infringing the copyrighted work listed in section 1 above (or a representative list of such works at that site).

  3. Reasonably sufficient information allowing Skyway Networks to contact the Complainant, such as an address and telephone number (an email address is preferred).

  4. 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, including but not limited to copyright exceptions such as fair use doctrine which allow use for news, parodies, research, and review."

  5. 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. Physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
Send the written infringement notice to Skyway Networks' designated agent at the following address:

Attn: Randy Leiker, DMCA Notices
Skyway Networks
8500 W 110th St Ste 500
Overland Park KS 66210-1808

Upon receipt of the Complainant infringement notice, Skyway Networks will investigate. If appropriate, we will remove or disable access to the allegedly infringing material and will make a commercially reasonable attempt to contact the owner of the affected web site so that the owner has an opportunity to provide a Counter Notification claiming that the material is not infringing. If the affected web site owner chooses to file a Counter Notification, Skyway Networks will notify Complainant of the web site owner's objection [§512(g)(2)]. Skyway Networks is then required, within 10 to 14 business days, to restore accessibility to the material or permit the affected web site owner to do so, unless Complainant provides notification that it has filed an action at the appropriate district court seeking a court order to restrain the affected web site owner from engaging in infringing activity [§512(g)(2)(C)].

A copy of Skyway Networks' Designated Agent form can be found at: http://www.copyright.gov/onlinesp/list/s_agents.html.


Counter Notification
For web site owners who have had allegedly infringing material removed, a Counter Notification may be submitted pursuant to the Digital Millenium Copyright Act §512. When Skyway Networks receives a Counter Notification, we will reinstate the material in question or allow the owner of the site to do so.

When submitting a Counter Notification to Skyway Networks, web site owners must provide written communication (by postal mail, not email) that sets forth the items specified below. Note that the web site owner will be be liable for damages (including costs and attorneys' fees) if the web site owner materially misrepresents that the material in question is not infringing the copyrights of others. If the web site owner is not sure whether certain material infringes the copyrights of others, we recommend that the web site owner first consult an attorney.

To expedite our ability to process Counter Notifications, we recommend the following format (including section numbers) be used. A proper notice must have a minimum of the following information:
  1. Detailed identification of the specific URLs of material that Skyway Networks has removed or to which Skyway Networks has disabled access.

  2. The web site owner's name, address, telephone number, email address, and a statement that the web site owner consents to the jurisdiction of the Federal District Court for the judicial district in which the web site owner's address is located (or Delaware County, Pennsylvania if the web site owner's address is outside of the United States), and that the web site owner will accept service of process originating from Complainant or an agent of Complainant.

  3. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that each image or article identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

  4. Physical signature of the web site owner or a person authorized to act on behalf of the web site owner.
Send the written Counter Notification to Skyway Networks' designated agent at the following address:

Attn: Randy Leiker, DMCA Counter Notifications
Skyway Networks
8500 W 110th St Ste 500
Overland Park KS 66210-1808

Upon receipt of a proper Counter Notification, Skyway Networks will notify Complainant of the web site owner's objection [§512(g)(2)]. Skyway Networks is then required, within 10 to 14 business days, to restore accessibility to the material or permit the affected web site owner to do so, unless Complainant provides notification that it has filed an action at the appropriate district court seeking a court order to restrain the affected web site owner from engaging in infringing activity [§512(g)(2)(C)].