Digital Millenium Copyright Act (DMCA)

BlackWire Marketing,LLC DMCA (Digital Millenium Copyright Act) Compliance Statement

BlackWire Marketing, LLC recognizes and makes every effort to comply with the Digital Millennium Copyright Act (DMCA). The DMCA, which was passed in 1998, protects Internet Service Providers from absolute liability in copyright infringement cases.

Historically, copyright laws designate "absolute liability" for violation copyright rights, including reproduction, distribution, modification, public performance and public display of copyrighted material.

The DMCA provides relief from monetary damages for certain practices. For example, an Internet web page could contain copyrighted images used without permission of the copyright holder. The DMCA keeps the Internet Service Provider (ISP) from being held liable in such a situation under the regulations outlined in the Online Copyright Infringement Liability Limitation Act, available at the U.S. Copyright Office Web site: http://www.loc.gov/copyright.

The DMCA limits ISPs from liability for copyright infringement for transmitting information across the Internet. However, ISPs are expected to remove material that appears to constitute copyright infringement.

It is BlackWire Marketing, LLC's policy to respond to notices of alleged copyright infringement in compliance with the DMCA. This might include removing or disabling access to material, alleged to be related to copyright infringement.

In the event of a copyright infringement claim, BlackWire Marketing, LLC's, in compliance with the DMCA, will make a good faith effort to contact the site owner of the website that contains the material so that they may have the opportunity to make a counter-notification as specified in the DMCA. If no counter-claim is received within 14 days of notification, or BlackWire Marketing, LLC believes the claim to be reasonable, BlackWire Marketing, LLC will remove the materials referenced in the claim.

To file a copyright infringement notification with BlackWire Marketing, LLC, a written communication by mail must be received which includes the following:

- A link to the page containing copyrighted work that has been infringed and a description of the nature of the infringement.
- Address and telephone number of the person making the copyright infringement claim.
- Inclusion of the following statement:
"I have a good faith belief that use of the copyright materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. 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."
- Signature of copyright owner or authorized agent.


The complaint should be sent via postal mail to BlackWire Marketing, LLC at:

BlackWire Marketing, LLC
1292 High St - Suite 219
Eugene, OR, 97401

The DMCA provides for counter notification if a site owner feels he or she is being wrongly accused of copyright infringement. A written counter-notification letter by regular mail must be sent, including the information below:

- Identification of URLs or material that has been removed or disabled by BlackWire Marketing, LLCs
- Name, address, telephone number, email address and a statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located.
- Include the following statement:
"I swear, under penalty of perjury, that I have a good faith belief that the item identified above was removed or disabled as a result of a mistake or mis-identification and is not infringing on copyright."
- The site owner's signature.


The counter-notification should be sent by mail to:

BlackWire Marketing, LLC
1292 High St - Suite 219
Eugene, OR, 97401


BlackWire Marketing, LLC will notify the individual or agent who filed the initial copyright claim about the counter-notification and will take action to restore any material that has been removed, if such action seems reasonable. In cases where the parties cannot come to agreement on the copyright infringement claim, BlackWire Marketing, LLC will remove or restore material as deemed appropriate by the courts.

Limit of Liability
BlackWire Marketing, LLC is not, and will not, be held liable for any conduct associated with your use of this program, for your advertising activity, nor for any content posted using the BlackWire Hosting services.


The user must assume the entire risk of using the service. BlackWire Marketing, LLC is not to be held, and will not accept, any liability for any damages, direct or consequential, resulting from the installation or use of this service. This includes, but is not limited to, loss of stored data or loss of operational capability of the associated hardware and software systems.

Unauthorized Use
The service and/or software/hardware systems are not to be used for presenting irrelevant, misleading or Illegal Activities. BlackWire Marketing, LLC reserves the right to cancel all product support and future updates without any monetary refund if you violate any of license agreements or terms and conditions.

Termination
BlackWire Marketing, LLC may terminate your account upon notice for failure to comply with any of these License Terms and Conditions. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.

LIMITED WARRANTY
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BlackWire Marketing, LLC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BlackWire Marketing, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AD SERVER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BlackWire Marketing, LLC
1292 High St - Suite 219
Eugene OR 97401 USA
541-343-3653