MyTechWiz requires DMCA notices to be filed via fax or letter. The
complaint must include full contact information in the complaint (including
phone number). We will call and verify. Email (unless digitally signed by a
verified and trusted third party) is not an acceptable medium for legal
complaints. This ticket system has received what appears to be a possible DMCA
complaint, but one or more of the following are missing: (a) the complaint
does not contain sufficient information (b) the format of the complaint is
inconsistent with the requirements of the DMCA (c) the complaint has been
submitted via email without proper authentication (d) full contact information
is missing. We will need you to re-submit your claim, using the proper format,
including sufficient detai, via postal mail or fax. Instructions on how to do
so follow.
It is our policy to respond to clear notices of alleged copyright
infringement. This response describes the information
that should be present in these notices. It is designed to make submitting
notices of alleged infringement to us as straightforward as possible while
reducing the number of notices that we receive that are fraudulent or
difficult to understand or verify. The form of notice specified below is
consistent with the form suggested by the United States Digital Millennium
Copyright Act (the text of which can be found at the U.S. Copyright Office Web
Site,
http://www.copyright.gov) but we will respond to notices of this
form from other jurisdictions as well.
To file a notice of infringement with us, you
must provide a written communication 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
infringing your copyrights. Accordingly, if you are not sure whether material
available online infringes your copyright, we suggest that you first contact
an attorney.
To expedite our ability to process your
request, please use the following format (including section numbers):
- Identify in
sufficient detail the copyrighted work that you believe has been infringed
upon (for example, "The copyrighted work at issue is the text that appears
on http://www.MyTechWiz.com/tos.htm") or other information sufficient to
specify the copyrighted work being infringed (for example, "The copyrighted
work at issue is ?Intellectual Property: Valuation, Exploitation, and
Infringement Damages? by Gordon V. Smith, published by Wiley, ISBN
#047168323X").
- Identify the
material that you claim is infringing the copyrighted work listed in item #1
above. You must identify each web page that allegedly contains infringing
material. This requires you to provide the URL for each allegedly infringing
result, document, or item.
An example:
Infringing Web Pages:
http://www.thewebsite.com/directory/
http://www.thewebsite.com/something/blah.html
- Provide
information reasonably sufficient to permit us to contact you.
- Provide
information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing webpage or other content
(email address is preferred).
- Include the
following statement: "I have a good faith belief that use of the copyrighted
materials described above as allegedly infringing is not authorized by the
copyright owner, its agent, or the law."
- 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."
- Sign the paper.
- If via postal
mail, send the written communication to the following address:
MyTechWiz LLC
Attn: Abuse Department, DMCA Complaint
PO Box 2166
Robertsdale, AL 36567
United States of America
Regardless of whether we may be liable for
such infringement under local country law or United States law, we may respond
to these notices by removing or disabling access to material claimed to
infringe and/or terminating users of our services. If we remove or disable
access in response to such a notice, we will make a good-faith attempt to
contact the owner or administrator of the affected site or content so that the
owner or administrator may make a counter notification.
We may also document notices of alleged
infringement on which we act. As with all legal notices, a copy of the notice
may be made available to the public and sent to one or more third parties who
may make it available to the public.
In order to ensure that copyright owners do
not wrongly insist on the removal of materials that actually do not infringe
their copyrights, the safe harbor provisions require service providers to
notify the subscribers if their materials have been removed and to provide
them with an opportunity to send a written notice to the service provider
stating that the material has been wrongly removed. [512(g)]
If a subscriber provides a proper
"counter-notice" claiming that the material does not infringe copyrights, the
service provider must then promptly notify the claiming party of the
individual's objection. [512(g)(2)] If the copyright owner does not bring a
lawsuit in district court within 14 days, the service provider is then
required to restore the material to its location on its network.
[512(g)(2)(C)]
If it is determined that the copyright holder
misrepresented its claim regarding the infringing material, the copyright
holder then becomes liable to the OSP for any damages that resulted from the
improper removal of the material. [512(f)]