DMCA / Copyright Policy
Effective Date: [PENDING — effective upon attorney approval]
This Policy explains how to report copyright infringement on the Services and how the DMCA process works. It includes the required elements of a takedown notice under 17 U.S.C. § 512(c)(3) (Section 2), our designated DMCA agent (Section 4), the counter-notification procedure (Section 5), and our repeat-infringer policy (Section 6).
1. Respect for Intellectual Property
NorTech ("NorTech", "we", "us", or "our") respects the intellectual property rights of others and expects users of our website, booking tools, and client portal (the "Services") to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we respond to clear notices of alleged copyright infringement involving content hosted on the Services and, in appropriate circumstances, remove or disable access to such content and terminate the accounts of repeat infringers.
2. How to Submit a Takedown Notice
If you believe content on the Services infringes a copyright you own or control, you may send a written notice to our designated DMCA agent (Section 4). To be effective under 17 U.S.C. § 512(c)(3), your notice must include substantially all of the following: (a) a physical or electronic signature of the owner or a person authorized to act on the owner's behalf; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it (for example, the URL); (d) your contact information, including address, telephone number, and email; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the owner or are authorized to act on the owner's behalf.
3. What Happens After We Receive a Notice
Upon receiving a notice that substantially complies with Section 2, we may remove or disable access to the material identified, notify the user who posted it, and provide that user with a copy of the notice. We may, in our discretion, take additional steps consistent with the DMCA and our Terms of Service. An incomplete notice may delay our response; we may contact you to request the missing information.
4. Designated DMCA Agent
Send DMCA notices and counter-notifications to our designated agent: NorTech, DMCA Agent — 2570 N First St, San Jose, CA 95131 · legal@nortech.site. Please use the subject line "DMCA Notice" so we can route your message promptly. Notices that do not concern copyright infringement on the Services may not receive a response through this channel.
5. Counter-Notification Procedure
If you believe your content was removed or disabled by mistake or misidentification, you may send a counter-notification to our designated agent. To be effective under 17 U.S.C. § 512(g), it must include substantially: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location at which it appeared before removal; (c) a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if outside the United States, the federal district court for the Northern District of California), and that you will accept service of process from the person who submitted the original notice or their agent. We may restore the material in accordance with the timelines in the DMCA unless the original complainant notifies us that they have filed a court action.
6. Repeat-Infringer Policy
Consistent with the DMCA, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyright. We may also limit access to the Services or remove content of any user who infringes the intellectual property rights of others, whether or not there is a repeat infringement, as described in our Terms of Service.
7. Misrepresentation Caution (§ 512(f))
Please consider your notice carefully. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees. If you are unsure whether content is infringing, you may wish to consult an attorney before submitting a notice or counter-notification.
8. Contact
NorTech — 2570 N First St, San Jose, CA 95131 · legal@nortech.site