Common use of Counter Notification Clause in Contracts

Counter Notification. If you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to the DMCA, you may send us a Counter Notification (“Counter Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • 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; • A statement that you consent to the jurisdiction of United States District Court for the [insert name of federal judicial district where you live] (or, if you are located outside of the United States, in the United States District Court for the District of Kansas); • A statement that you will accept service of process from the person who submitted the Notification or his/her agent; and • Your signature, in physical or electronic form. Upon receipt of such Counter Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will replace the removed material or will cease disabling access to it in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity 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 Notification, unless Affinity’s Designated Agent first receives notice from the person who submitted the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to materials on Affinity’s system or network.

Counter Notification. If access on the Site to a work that you submitted to Sendtric is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information: (i) a legend or subject line that says: “Counter DMCA Counter-Notification”; (ii) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Site from which the material was removed or access to it disabled; • A ); (iii) 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 ; (iv) your full name, address, and telephone number; • A , e-mail address, and the username of your account; (v) a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Southern District of KansasFlorida); • A statement , and that you will accept service of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and (vi) your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter-Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Counter Notification. If access on the Site to a work that you submitted to SKIM PLUS is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter- Notification (to the addresses above. Your DMCA Counter-Notification should contain the following information: i. a legend or subject line that says: “Counter DMCA Counter-Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below); ii. To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Site from which the material was removed or access to it disabled; • A ); iii. 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 ; iv. your full name, address, and telephone number; • A , e-mail address, and the username of your account; v. a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Northern District of KansasTexas); • A statement , and that you will accept service of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and vi. your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter-Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Counter Notification. If access on the Site to a work that you submitted to LALA is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification (to the addresses above. Your DMCA Counter-Notification should contain the following information: i. a legend or subject line that says: “Counter DMCA Counter-Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below); ii. To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Site from which the material was removed or access to it disabled; • A ); iii. 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 ; iv. your full name, address, and telephone number; • A , e-mail address, and the username of your account; v. a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Northern District of KansasTexas); • A statement , and that you will accept service of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and vi. your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter- Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Counter Notification. If access on the Site to a work that you submitted to Company is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information: (i) a legend or subject line that says: “Counter DMCA Counter-Notification;” (ii) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Si te from which the material was removed or access to it disabled; • A ); (iii) 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 ; (iv) your full name, address, and telephone number; • A , email address, and the username of your account (if you have an account); (v) a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Northern District of KansasIllinois); • A statement , and that you will accept service Site of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and (vi) your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter-Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the address above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Counter Notification. If you believe that material that you posted to The process for counter-notifications is governed by Section 512(g) of the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to the DMCA, you may send us a Counter Notification (“Counter Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below). Act: xxxx://xxx.xxxxxxxxx.xxx/legislation/dmca.pdf To file a Counter Notificationcounter notification with us, please you must provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, communication that complies with sets forth the DMCA and provides all items specified below. Please note that under Section 512(f) of the information described below: • Identification of the Copyright Act, any person who knowingly materially misrepresents that 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 activity was removed or disabled as a result of by mistake or misidentification of the material may be subject to liability. Please also be removed or disabled; • Your name, address, and telephone number; • A statement advised that you consent to the jurisdiction of United States District Court we enforce a policy that provides for the [insert name termination in appropriate circumstances of federal judicial district where you live] (orsubscribers who are repeat infringers. Accordingly, if you are located outside not sure whether certain material infringes the copyrights of the United Statesothers, in the United States District Court for the District of Kansas); • A statement we suggest that you will accept service of process from the person who submitted the Notification or his/her agent; and • Your signature, in physical or electronic formfirst contact an attorney. Upon receipt of such Counter Notification, Affinity will promptly provide a copy of the Counter Notification notifications should be sent to the person email or postal address identified above. After we receive your counter-notification, we will forward it to the party who submitted the original Copyright Infringement Notificationclaim of copyright infringement. Please note that when we forward the counter- notification, and it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will inform such person that Affinity will replace not forward the removed material or will cease disabling access counter- notification to it in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less any party other than 10, nor more than 14, business days following receipt of the Counter Notification, unless Affinity’s Designated Agent first receives notice from the person who submitted the original infringement Notification claimant. After we send out the counter-notification, the claimant must then notify us within 10 days that he/he or she has filed an action seeking a court order to restrain the alleged infringer you from engaging in infringing activity relating to materials the material on AffinityHomemaker’s system Website or networkServices. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

Counter Notification. If access on the Site to a work that you submitted to JIT Experts Hive is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information: (i) a legend or subject line that says: “Counter DMCA Counter-Notification”; (ii) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Site from which the material was removed or access to it disabled; • A ); (iii) 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 ; (iv) your full name, address, and telephone number; • A , e-mail address, and the username of your account; (v) a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Central District of KansasCalifornia); • A statement , and that you will accept service Site of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and (vi) your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter-Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.