AquaFold DMCA Notification Procedure

It is AquaFold policy to respond to alleged copyright infringements by following the procedures stated in the Digital Millennium Copyright Act (DMCA).

The original text of the DMCA can be found at:

http://www.copyright.gov/legislation/dmca.pdf

Notification Procedure

In the event you (the “Complaining Party”) believe that your copyrighted material may have been infringed, you should submit written notification to AquaFold agent, designated to receive Notifications of Claimed Infringement:

Service provider: AquaFold Inc.

Name of the Agent to Receive Notification of Claimed Infringement: Niels Gron

Full Address of Agent to Receive Notification of Claimed Infringement:

Legal Department
440 North Wolfe Rd
Sunnyvale, CA 94085
USA

Phone: +1 (408) 394-7120
Fax:     +1 (408) 716-2952
e-mail: license@aquafold.com

The Notifications of Claimed Infringement must include the following:

1. Your physical or electronic signature or a physical or electronic signature of a person authorized to act on your behalf;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 AquaFold to locate the material;
4. Information reasonably sufficient to permit AquaFold 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;
5. 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;
6. 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.

Upon receipt of the written Notification of Claimed Infringements:

1. AquaFold shall remove or disable access to the material that is alleged to be infringing;
2. AquaFold shall forward the written notification to such Alleged Infringer;
3. AquaFold shall take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

Counter Notification Procedure

In the event you (the “Alleged Infringer”) believe that your material has been removed from the system of AquaFold in response to the Notification of Claimer Infringements you may submit a Counter Notification.
A Counter Notification must be a written communication provided to AquaFold's Designated Agent that includes the following:

1. Your physical or electronic signature or a physical or electronic signature of a person authorized to act on your behalf;
2. 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;
3. A statement under penalty of perjury that the Alleged Infringer 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;
4. The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which AquaFold may be found, and that the Alleged Infringer will accept service of process from the person who provided Notification of Claimed Infringements or an agent of such person

Upon receipt of a Counter Notification:

1. AquaFold shall promptly provide the Complaining Party with a copy of the Counter Notification;
2. AquaFold shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within fourteen (14) business days;
3. AquaFold shall replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the Counter Notification, provided AquaFold's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on AquaFold's system.