Winshuttle will respond to effective notices of alleged infringement of copyrighted material where the copyrighted material is available at, or from, one of our websites.
If you allege that copyrighted material may have been or is being infringed, you may notify Winshuttle pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512(c), by sending a notice to the address of our designated agent listed below. In order to be effective, the notice must be a written communication sent to our designated agent containing the following information:
- 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 Winshuttle to locate the material.
- Information reasonably sufficient to permit Winshuttle to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you misrepresent that material on Winshuttle’s systems is infringing your copyrights. If you are in doubt whether the material infringes your copyright, Winshuttle suggests that you consult with an attorney.
Winshuttle will promptly respond to proper notifications of claimed copyright infringement by removing or disabling access to the identified material within 5 business days.
If we remove or disable access to content in response to such a notice, Winshuttle will make a good-faith attempt to contact the owner or administrator of the affected content so that they may make a counter notification pursuant to Sections 512(g) of the DMCA.
Winshuttle may also document instances of removal of alleged infringing content from our websites.
The removal of content due to a copyright infringement notice can be countered by the content provider by providing Winshuttle with a counter notice against the originating complaint. In order to be effective, the counter notice must be a written communication sent to our designated agent containing the following information:
- Your physical or electronic signature.
- 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 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.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which you reside, 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.
Upon receipt of such counter notification, Winshuttle will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Winshuttle will replace the removed material or cease disabling access to it in 10 business days. Winshuttle will replace the removed material and cease disabling access to it 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 original infringement notification that such person has filed an action seeking a court order to restrain Winshuttle from engaging in infringing activity relating to the material on our system or network.
Designated agent for all notices and counter notices
All written notices regarding these issues should be sent to Winshuttle’s designated agent:
Address: 19820 North Creek Pkwy, Bothell, WA 98011, USA
Email: gaelan (dot) lloyd (at) winshuttle (dot) com