DMCA

Reporting Claims of Copyright Infringement

OvationData respects the intellectual property of others and takes claims of copyright infringement seriously. OvationData will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material (including data) located on or available through the OvationData’s services, including its website or site, infringes your copyright or is the subject of infringing activity, you may request that OvationData remove or disable access to such material by submitting written notification to the copyright agent OvationData has designated with the United States Copyright Office (“Copyright Agent”) at the following address:

DMCA Complaints
Ovation Data Services, Inc.
c/o Copyright Agent
14199 Westfair East Drive
Houston, TX 77041-1105 USA
Phone: +1 713-464-1300

Email: dmca.agent@ovationdata.com

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notification must include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider 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; and
  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.

If your written notification fails to substantially comply in supplying the information required under the DMCA, your written notification may be ineffective. Our Copyright Agent will promptly attempt to contact you or take other reasonable steps to assist in the receipt of notification that substantially complies.

Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.     

If you believe that material on the site was removed or access to it was disabled by mistake or misidentification, you may request that OvationData replace the removed material and cease disabling access to it by submitting a written counter notification to our Copyright Agent at the following address:

DMCA Counter Notifications
Ovation Data Services, Inc.
c/o Copyright Agent
14199 Westfair East Drive
Houston, TX 77041-1105 USA
Phone: +1 713-464-1300

Email: dmca.agent@ovationdata.com

Pursuant to the DMCA, your written counter notification must include substantially the following:

  1. Your physical or electronic signature;
  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 you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Harris County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.

Following receipt of your written counter notification by our Copyright Agent, OvationData will promptly provide a copy of your written counter notification to the person, or the person’s agent, who provided notification of the alleged copyright infringement, and inform that person that OvationData will replace the removed material and/or cease disabling access to it in ten (10) business days.   

The DMCA allows OvationData to replace the removed material and cease disabling access to it in ten (10) to fourteen (14) business days following receipt by our Copyright Agent of your written counter notification, unless our Copyright Agent first receives notice from the person, or the person’s agent, who provided notification of the alleged copyright infringement that said person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site.

Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.