TNS Group, Inc.
Digital Millennium Copyright Act Notifications and Compliance

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.

NOTIFICATION OF INFRINGEMENT

Notification of claimed infringement must be a written (via facsimile or regular mail) communication provided to our designated agent that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   
  
• 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.
   
  
• 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.
   
  
• Information reasonably sufficient to permit us 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.
   
  
• 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.
   
  
• 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.

RESPONSE TO NOTIFICATION

Upon receipt of a properly executed notice of infringement, we will take appropriate action to remove or disable access to the material referenced in the notification. We will also make a good faith effort to contact the site owner to inform him/her of that action, and to notify the site owner of his/her rights to file a counter-notification.

COUNTER-NOTIFICATION

The owner or administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.

To file a counter notification with us, you must provide a written communication (via facsimile or regular mail) to our designated agent that sets forth the items specified below:

• A physical or electronic signature of the subscriber.
   
  
• 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.
   
  
• A statement under penalty of perjury that the subscriber has 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.
   
  
• The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for the judicial district for the State of Arkansas, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Click here for an example counter notification.

RESPONSE TO COUNTER NOTIFICATION

Upon receipt of a properly executed counter notification, we will promptly provide the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days.

The removed material will be replaced or enabled in not less than 10, nor more than 14, business days following receipt of the counter notice, unless our designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.

DESIGNATED AGENT

Infringement notifications and counter notifications must be sent to the designated agent below:

      TNS Group, Inc.
      ATTN: DMCA Infringement Officer
      PO BOX 1027
      Fayetteville, AR 72702-1027
      Email: dmca(at)tnsgroup(dot)com

MISREPRESENTATIONS

Any person who knowingly materially misrepresents under this section (1) that material or activity is infringing, or (2) 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.