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DMCA
IMPORTANT NOTICE
The following DMCA information is provided for informational purposes only, and should not be construed as legal advice. FutureQuest is not qualified, able, or willing to provide legal advice. FutureQuest, its representatives, agents, and affiliates disclaim all liability from said information. Please seek legal counsel before proceeding if any of the following apply: you believe your copyrighted work(s) have been infringed; you believe a claim has been wrongfully filed against you; or you require further assistance in filing a DMCA Notice or a Counter Notification.

Digital Millennium Copyright Act
Notice & Procedures for Making & Countering Notices of Copyright Infringement

FutureQuest does not permit copyright infringing content within the FutureQuest Network. However, due to the nature of its business, FutureQuest does permit organizations and individuals to make content available through the FutureQuest Network that the FutureQuest Representatives do not actively evaluate, examine, screen or approve prior to such material being published. It is therefore possible that copyrighted material may be wrongfully delivered from the FutureQuest Network 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 FutureQuest's designated Copyright Agent for Notice of Claims of Copyright Infringement.

Pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 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 a website hosted on the FutureQuest Network you may submit, under penalty of perjury, a DMCA Notice to FutureQuest's 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 Counter Notification with FutureQuest's Designated Agent.

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

CAUTION:

As stated in the Digital Millennium Copyright Act:
ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING, OR THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS' FEES, INCURRED BY THE ALLEGED INFRINGER, BY ANY COPYRIGHT OWNER OR COPYRIGHT OWNER'S AUTHORIZED LICENSEE, OR BY A SERVICE PROVIDER, WHO IS INJURED BY SUCH MISREPRESENTATION, AS THE RESULT OF THE SERVICE PROVIDER RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO THE MATERIAL OR ACTIVITY CLAIMED TO BE INFRINGING, OR IN REPLACING THE REMOVED MATERIAL OR CEASING TO DISABLE ACCESS TO IT.

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 FutureQuest, Inc. if you knowingly misrepresent material as infringing, or not infringing, thereby causing FutureQuest 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





Contact Information

FutureQuest's Copyright Agent for Notice of Claims of Copyright Infringement is the ONLY method of contacting FutureQuest to file a DMCA Notice, Counter Notification, or injunction notice with FutureQuest. Notices of this nature NOT submitted directly to FutureQuest's 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 FutureQuest as a valid DMCA notice.

No other communication should be submitted to FutureQuest's Copyright Agent for Notice of Claims of Copyright Infringement. Requests for technical support, billing, sales or other communications should be sent to the FutureQuest Service Desk or other respective address or individual concerning those issues.

Designated Agent: Bob Johnson
Office Address: FutureQuest, Inc.
100 W. Lucerne Circle, ste 400
Orlando FL 32801
USA
Fastest Postal Mail
Pickup/Response:
FutureQuest, Inc.
P.O. Box 989
Franktown CO 80116-0989
USA
E-mail: DMCADesignatedAgent@FutureQuest.net
Phone: 1-877-QuestLine (1-877-783-7854)
Facsimile: +1-760-465-5688






Writing & Submitting a Compliant DMCA Notice

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

Submitting a compliant DMCA 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 the FutureQuest Network, 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 FutureQuest from taking any action pertaining to your claim.

The DMCA 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 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.

    • If possible show the original location of the original works such as your own website or any other information that will assist FutureQuest's Agent in validating the claim.
  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.

    • This identification should include exact URLs to the webpage(s) displaying the material in question from the FutureQuest Network, as well as, the exact URL(s) to any image(s) or work(s) that can be displayed without the use of a web page.
  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.

    • Include your real name, title, telephone number, mailing address, email address, and facsimile number if available. FutureQuest 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.
  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.

  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.
To view an example DMCA Notice click here.

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





FutureQuest's Procedure Upon Receipt of a Compliant DMCA Notice

Once FutureQuest, Inc. receives a compliant DMCA Notice alleging that infringing materials are being delivered from the FutureQuest Network, FutureQuest 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 removed or disabled promptly.

    • No further communication should be required between FutureQuest 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 FutureQuest (and possibly other means), providing them with one business day or 24 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 full package deactivation 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 FutureQuest 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 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 the FutureQuest Network 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, FutureQuest will deactivate the entire package until communication has been established that does comply with the request.

    • It is important to note that any package on the FutureQuest Network that remains deactivated for a period of 30 days or more is subject to deletion without backup provisions in accordance with the FutureQuest Terms of Service located at /Services/TOS/



The Most Frequently Asked Question

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 the Site Owner is guilty and punishing them before giving them a chance to explain otherwise!

A. The procedures above are the steps FutureQuest must take to protect the company itself from being held liable for copyright infringement and other related fines and penalties. If FutureQuest were to ignore requests to remove such materials pending a Counter Notice, then FutureQuest would become the target of a lawsuit for delivering such content to the Internet at large rather than the Site Owner who actually placed the material on the FutureQuest Network. It is an unfortunate side affect of the DMCA but one we must comply with to protect the company overall. We hope the DMCA is revised someday in the future but until then we must comply with the procedures currently in place.



Options Available to Have Disabled Content Re-enabled or Packages Reactivated.

If all or part of your website has been disabled or deactivated, due to the procedures set forth for FutureQuest to remain in compliance with the DMCA and in accordance with its own Terms of Service, and you would like to be able to publish the work(s) once again, or have your account reactivated, the following options are available to you, providing you take one or more of the following actions within 30 days of the original Notice.
  • If your entire package was deactivated for non-compliance you may contact FutureQuest informing us that you will comply within one hour of reactivation by removing the work(s) that have been alleged to infringe against an existing copyright. Upon receipt of such a notice, as well as a $10 payment to cover the Reactivation Fee, FutureQuest will reactivate the account and await a response from you indicating that the work(s) have been removed. If no response is received and/or the material has not been removed FutureQuest will again deactivate the package.

    and/or

  • If the work(s) in question have been removed or disabled from being published and you feel they have been wrongfully disabled due to an inaccurate DMCA Notice from the complainant you may file a Counter Notification with FutureQuest's Copyright Agent for Notice of Claims of Copyright Infringement as explained below.




Writing & Submitting a Counter Notification

If all or part of your website has been disabled due to the procedures set forth for FutureQuest 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 Counter Notification, pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, to FutureQuest's Copyright Agent for Notice of Claims of Copyright Infringement at one of the addresses shown above.

When submitting a Counter Notification to FutureQuest's 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 Counter Notification will assist FutureQuest's Copyright Agent in handling your notice effectively and expeditiously.

A compliant Counter Notification claiming, under penalty of perjury, that the DMCA 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 FutureQuest's Copyright Agent for Notice of Claims of Copyright Infringement in writing. Failure to include all of the below information can prevent FutureQuest from taking any action pertaining to your Counter Notification.

The Counter Notification 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 FutureQuest Network, as well as, the exact URL(s) to any image(s) or work(s) that were able to be displayed without the use of a web page.


  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 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.


  4. Your account number with FutureQuest, the domain name affected, your email address, real name, title, mailing address, telephone number and facsimile number if available.

    • FutureQuest will only use this information to address the complaint and work with you as a client of FutureQuest. 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.


  5. 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 FutureQuest, Inc. may be found (Seminole and Orange County, Florida), 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 Florida. I consent that I will accept service of process from the person who provided notification or an agent of such person.


To view an example Counter Notification click here.

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





FutureQuest's Procedure Upon Receipt of a Counter Notification

Upon receiving a DMCA Compliant Counter Notification, stating, under penalty of perjury, that the client believes, in good faith, that the work(s) or entire package was disabled or removed as a result of a mistake or misidentification with regard to the copyright of the material FutureQuest will:
  1. Promptly provide the person who submitted the original DMCA Notice, against the organization or individual accused of infringing on the copyrighted works, written notice notifying them that FutureQuest, Inc. will permit the replacement of the removed material and/or reactivate the disabled access to it in not less than ten (10) business days and no more than fourteen (14) business days from the time this notification is sent unless FutureQuest's designated agent first receives notice from the person who submitted the DMCA 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 delivered from the FutureQuest Network. The notice sent by FutureQuest, Inc. to the person who submitted the original DMCA Notice will also include a copy of the Counter Notification.

  2. Providing the person who submitted the original DMCA Notice does not submit proper notification to FutureQuest's Designated Agent that they have filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the FutureQuest Network, FutureQuest 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 FutureQuest's Designated Agent provided notice to the person who submitted the original DMCA Notice.

    A notice from the person who submitted the original DMCA 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 FutureQuest's 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 FutureQuest, pending the receipt of the hardcopy notice, to enable FutureQuest, Inc. to act promptly and accordingly. If FutureQuest’s Designated Agent receives such a notice, FutureQuest's client 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.


A Final Note From FutureQuest

The above procedures are provided by the DMCA to protect FutureQuest and its agents from stiff penalties and fines in the process of protecting copyright owners from those who would be inclined to steal their work(s). Though FutureQuest does not necessarily agree with the procedures set forth by the DMCA they are currently the law and we must comply accordingly.

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

It is unrealistic to expect FutureQuest 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 FutureQuest's realm and to a court of law designated to handle such disputes.

Sincerely,
FutureQuest, Inc.



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