Punch Networks does not permit copyright infringing content within Punch Networks services. However, due to the nature of our business, Punch Networks does permit organizations and individuals (collectively "end users") to make content available through Punch Networks services that Punch Networks Representatives do not actively evaluate, examine, screen or approve prior to such material being published. It is therefore possible that copyrighted material may be made available via the Punch Networks services to the Internet at large without our knowledge. For this reason, the following text is provided to explain the procedure for the filing and countering of claims with Punch Networks' designated Copyright Agent for Notice of Claims of Copyright Infringement.

Pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. [P] 512 et seq., if you believe in good faith that your copyrighted material, or the copyrighted material of an entity you represent, has been infringed by an end user of one or more of Punch Networks' services you may submit, under penalty of perjury, a DMCA Copyright Claim Notice to Punch Networks' Copyright Agent for Notice of Claims of Copyright Infringement. Likewise, if you feel a complaint has been wrongly filed against you as a result of a mistake or a misidentification of the material you may file a DMCA Counter Notice with Punch Networks' Designated Agent.

The instructions explaining how to submit DMCA Copyright Claim Notices as well as DMCA Counter Notice are detailed below along with a summary of procedures that will take place as a result.

CAUTION:

This means that, under federal law, you may suffer substantial penalties which could include large fines to cover monetary damages, court costs, and attorney fees for entities such as the copyright owner, website owner, and Punch Networks Corporation if you knowingly misrepresent material as infringing, or not infringing, thereby causing Punch Networks or other individuals to suffer damages due to your wrongful claims. You could also be subject to criminal prosecution for perjury. For the protection of everyone, it is vital that you only submit a claim if you believe in good faith that the claim is true and correct.

Table of Contents

• Designated Agent Contact Information
• Writing & Submitting a DMCA Copyright Claim Notice
• Punch Networks' Procedure Upon Receipt of a DMCA Copyright Claim Notice
• The Most Frequently Asked Question
• Writing & Submitting a DMCA Counter Notice
• Punch Networks' Procedure Upon Receipt of a DMCA Counter Notice
• Punch Networks' DMCA summary statement

Punch Networks' Copyright Agent for Notice of Claims of Copyright Infringement is the ONLY method of contacting Punch Networks to file a DMCA Copyright Claim Notice, DMCA Counter Notice, or injunction notice with Punch Networks. Notices of this nature NOT submitted directly to Punch Networks' Copyright Agent for Notice of Claims of Copyright infringement, in written form and sent to at least one of the addresses shown below, will not be compliant with the DMCA requirements and therefore not acknowledged by Punch Networks as a valid DMCA notice.

No other communication should be submitted to Punch Networks' Copyright Agent for Notice of Claims of Copyright Infringement. Requests for technical support, billing, sales or other communications should be sent to Punch Networks Customer Service.

When submitting a DMCA Copyright Claim Notice claiming copyright infringment to Punch Networks designated agent, it is important that the complaint is clear and concise. The accuracy and completeness of your notice will assist Punch Networks' Copyright Agent in handling your complaint effectively and expeditiously.

Submitting a compliant DMCA Copyright Claim Notice claiming, under penalty of perjury, that material which infringes on a copyright owned by you, or an entity you represent, is being delivered from a Punch Networks service, must contain the following pertinent information in order to be effective under the Digital Millennium Copyright Act. Failure to include all of the below information can prevent Punch Networks from taking any action pertaining to your claim.

The DMCA Copyright Claim Notice must include the following:

1. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   • Identify yourself as either:
     1. The owner of a copyrighted work(s), or
     2. A person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   • Be sure to sign the notice with either a physical or electronic signature. Such as /s/: First Last Name Title

2. Identification (file name) of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that URL.

3. Exact Internet Location (URL) webpage(s) displaying the material(s) in question from Punch Networks services.

4. Valid authentication credentials (login id and password) to access an account which has access to the copyrighted work claimed to have been infringed.

5. 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 identify and locate the material.

6. Information reasonably sufficient to permit the Punch Networks 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.

7. Include your real name, title, telephone number, mailing address, email address, and facsimile number if available. Punch Networks will only use this information to address the complaint with the individual accused of infringing, our attorneys, and the courts as required. The information will not be used, or provided to others for use, for any other reason.

8. 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.

9. 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.

Once the DMCA Copyright Claim Notice has been written, reviewed for accuracy, and possibly reviewed by your attorney (strongly recommended), you may then send the DMCA Copyright Claim Notice to Punch Networks' Copyright Agent for Notice of Claims of Copyright Infringement at one of the addresses listed above.

Once Punch Networks Corporation receives a DMCA Copyright Claim Notice alleging that infringing materials are being distributed from one or more of Punch Networks' services, Punch Networks will:

1. Respond to the complainant expeditiously informing them that the material that is claimed to be infringing or to be the subject of infringing activity will be investigated and if necessary removed or disabled promptly.
   • No further communication should be required between Punch Networks and the Complainant at this time.

2. Send notice to the organization or individual that has been accused of infringing on the copyrighted work(s), to the Primary Contact Email Address on file with Punch Networks, providing them with two business days or 48 hours to remove or disable the material that is claimed to be infringing or to be the subject of infringing activity and requiring a response from the organization or individual that has been accused of infringing on the copyrighted work(s) informing us of their compliance.

   This notice will also serve as notice to the organization or individual that was accused of infringing on the copyrighted works of account deactivation or disablement if compliance is not received by the deadline included in the notice. Allowances for non-business hours and holidays may be made.

3. Await the allotted time period for a response from the organization or individual that has been accused of infringing on the copyrighted works as well as monitoring the content to ensure it has been removed.
   • No further communication should be required between Punch Networks and the organization or individual that was accused of infringing on the copyrighted work(s) once the work(s) have been disabled or removed and notification of compliance has been received from the organization or individual that was accused of infringing on the copyrighted works unless they intend to file a Counter Notification.

     Note, however, that even if the organization or individual that was accused of infringing on the copyrighted works intends to file a Counter Notification, the work(s) that have been alleged to be in violation of the DMCA must remain removed or disabled for a minimum of ten business days from the time the Counter Notification has been submitted.

4. If the work(s) that have been alleged to be in violation of the DMCA have not been disabled or removed from Punch Networks' service(s) and if the organization or individual that has been accused of infringing on the copyrighted works has not responded by the deadline included in the notice sent to the organization or individual accused of infringing on the copyrighted works, Punch Networks will disable the account until communication has been established that does comply with the request.

Q. If you don't know who owns the work(s) and do not want to get involved with the dispute then why do you take the actions shown above? It seems like you are assuming your end user customer is guilty and punishing them before giving them a chance to explain otherwise!

A. The procedures above are the steps Punch Networks must take to protect the company itself from being held liable for copyright infringement and other related fines and penalties. If Punch Networks were to ignore requests to remove such materials pending a DMCA Counter Notice, then Punch Networks could become the target of a lawsuit for delivering such content to the Internet at large rather than the end user who actually placed the material on the Punch Networks. It is an unfortunate side affect of the DMCA but one we must comply with to protect the company overall.

If your account has been disabled due to the procedures set forth for Punch Networks to remain in compliance with the DMCA and in accordance with its own Terms of Service, and you, in good faith, believe that the original DMCA Notice submitted against you was wrongfully submitted as a result of a mistake or misidentification of the material to be removed or disabled you may submit a DMCA Counter Notice, pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, to Punch NEtworks' Copyright Agent for Notice of Claims of Copyright Infringement at one of the addresses shown above.

When submitting a DMCA Counter Notice to Punch Networks' Copyright Agent for Notice of Claims of Copyright Infringement, it is important that the Notice is written clearly and concisely, as well as ensuring that it is Compliant with the DMCA requirements for Counter Notifications. The accuracy and completeness of your DMCA Counter Notice will assist Punch Networks' Copyright Agent in handling your notice effectively and expeditiously.

A compliant DMCA Counter Notice claiming, under penalty of perjury, that the DMCA Copyright Claim Notice submitted against you was wrongfully submitted as a result of a mistake or misidentification of the material to be removed or disabled must contain the following pertinent information in order to be effective under the Digital Millennium Copyright Act and it must be submitted to Punch Networks' Copyright Agent for Notice of Claims of Copyright Infringement in writing. Failure to include all of the below information can prevent Punch Networks from taking any action pertaining to your DMCA Counter Notice.

The DMCA Counter Notice must include the following:

1. A physical or electronic signature.
   • Be sure to sign the notice with either a physical or electronic signature. Such as /s/: First Last Name Title

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.
   • This identification should include exact URLs to the webpage(s) that displayed the material in question from the Punch Networks service.

3. Valid authentication credentials (login id and password) to access your account which used to upload copyrighted work claimed to have been infringed.

4. A statement under penalty of perjury that you have 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.
   • Example Statement: I swear, under penalty of perjury, that I, in good faith, believe that there was a mistake or misidentification made regarding the material that was removed or disabled.

5. Your email address, real name, title, mailing address, telephone number and facsimile number if available.
   • Punch Networks will only use this information to address the complaint and work with you as a client of Punch Networks. This may require us to send the information to the individual or entity that filed the complaint against you, our attorneys, and/or the courts. The information will not be used, or provided to others for use, for any other reason.

6. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Punch Networks may be found (King County, Washington), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
   • Example Statement: I consent to the jurisdiction of the federal district court for the judicial district in which my address is located or, if my address is outside the United States, for the federal district court for the district of Washington State. I consent that I will accept service of process from the person who provided notification or an agent of such person.

Once the DMCA Counter Notice has been written, reviewed for accuracy, and possibly reviewed by your attorney (strongly recommended), you may then send the DMCA Counter Notice to Punch Networks Copyright Agent for Notice of Claims of Copyright Infringement at one of the addresses listed above.

Upon receiving a DMCA Counter Notice, stating, under penalty of perjury, that the client believes, in good faith, that the account was disabled or the work(s) removed as a result of a mistake or misidentification with regard to the copyright of the material Punch Networks will:

1. Promptly provide the person who submitted the original DMCA Copyright Claim Notice, against the organization or individual accused of infringing on the copyrighted works, written notice notifying them that Punch Networks will permit the replacement of the removed material and/or reactivate the disabled account in not less than ten (10) business days and no more than fourteen (14) business days from the time this notification is sent unless Punch Networks' designated agent first receives notice from the person who submitted the DMCA Copyright Claim Notice that they have filed an action seeking a court order to restrain the organization or individual accused of infringing on the copyrighted works from engaging in infringing activity relating to the material that had been made avaiable on the Punch Networks' service. The notice sent by Punch Networks to the person who submitted the original DMCA Copyright Claim Notice will also include a copy of the DMCA Counter Notice.

2. If the person who submitted the original DMCA Copyright Claim Notice does not submit proper notification to Punch Networks' Designated Agent that they have filed an action seeking a court order to restrain the accused end user from engaging in infringing activity relating to the material on the Punch Networks service, Punch Networks will permit the reactivation and/or republishing of the previously disabled work(s) in no less than ten (10) days and no more than fourteen (14) days from the date that Punch Networks Designated Agent provided notice to the person who submitted the original DMCA Copyright Claim Notice.

   A notice from the person who submitted the original DMCA Copyright Claim Notice explaining that they have filed an action seeking a court order to restrain the organization or individual accused of infringing on the copyrighted works must be submitted to Punch Networks' designated agent via the postal service and include a form from the appropriate authorities (such as the court house) showing that such an order has been requested. This person may also FAX the notice to Punch Networks, pending the receipt of the hardcopy notice, to enable Punch Networks to act promptly and accordingly. If Punch Networks' Designated Agent receives such a notice, Punch Networks' accused end-user will not be permitted to restore the work(s) accused of violating copyright laws until such time that a court judgement is received explaining otherwise.

The above procedures are provided by the DMCA to protect Punch Networks and its agents from severe penalties and fines in the process of protecting copyright owners from those who would be inclined to steal their work(s).

Punch Networks promises to do its best to comply with the DMCA while also attempting to ensure that the Punch Networks customers, and those copyright owners that submit DMCA Copyright Claim Notices against the Punch Networks end user customers, are treated as fairly and in as expedient a manner as possible throughout the part of this process coordinated by Punch Networks. However, Punch Networks is not able to act as attorney, judge, or jury for or against either party in a copyright dispute.

It is unrealistic to expect Punch Networks to be able to know for certain who the rightful owner of any material is and as such we cannot act in such a way that would imply that we did know for certain. Therefore, we ask that you follow the above procedures as closely as possible so that we may promptly do our part in responding and acting in accordance with the law as set forth by the DMCA. Upon completion of the above procedures, and if the issue remains unresolved, you will need to take the dispute outside of Punch Networks' realm and to a court of law designated to handle such disputes.