HOLEPUNCH.IO DMCA POLICY


Holepunch.io (“Holepunch”) respects the intellectual property rights of third-parties and creators and requires that our Customers also respect the intellectual property rights of others. The Digital Millennium Copyright Act (“DMCA”) established a process for addressing copyright infringement claims that we have integrated into the Holepunch service. We qualify as a transitory network provider under the DMCA because we only shape and optimize internet traffic. If you are a copyright owner or if you have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing your copyright on or through the Holepunch service, please send a notice to our copyright agent that includes all of the elements below and we will expeditiously take appropriate action on your behalf.

To take action against infringing content, we require from the copyright owner or a party authorized to act on behalf of the copyright owner:

A description of the copyrighted work that you claim is being infringed;
A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
Your address, telephone number, and email address;
The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

The designated copyright agent we have to receive infringement claims can be contacted:

By mail:

ORB.HOUSE, LLC
c/o Copyright Agent
4643 S. Ulster St. Suite 1120
Denver, CO 80237
United States

By email: dmca@holepunch.io.

DMCA Counter Notification

If you believe that material that you posted to Holepunch was wrongfully removed in response to a Digital Millennium Copyright Act notice, you have the right to send us a Counter Notification (“Counter Notification”) asking that the disabled content be restored (if you are eligible to have the content restored). Holepunch is required to send a copy of your Counter Notification to the person who submitted the original DMCA notice and that in response to a Counter Notification that person may subsequently file a lawsuit against you seeking a determination of its rights with respect to the content in question.

To be a valid and complete notice, your Counter Notification must be a written communication provided to our designated agent that includes substantially the following details:
Proper contact information, including name, address, telephone number, and email address;
Identification of the disabled content and the network location at which the material appeared before it was removed or access to it was blocked;
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;
A statement that you consent to the personal jurisdiction of Federal District Court for the judicial district where you live (or, if you are located outside of the United States, that you consent to the jurisdiction of the Federal District Court in question) and that you will accept service of process from the person who submitted the original DMCA notice (or an agent for that person); and
Your physical or electronic signature.

Please send all DMCA counter-notifications to:

ORB.HOUSE, LLC
c/o Copyright Agent
4643 S. Ulster St. Suite 1120
Denver, CO 80237
United States
Subject: DMCA Counter Notification

Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that content or activity was removed or disabled by mistake or misidentification may be subject to liability.

Holepunch will only accept valid Counter Notifications that are complete and properly submitted to our Copyright Agent. Upon timely receipt of a proper written Counter Notification, we will provide the person that submitted the original DMCA notice with a copy of the Counter Notification and will, within ten (10) business days following receipt of the Counter Notification, restore the originally disabled content unless our Copyright Agent first receives notice that a court action has been filed to restrain you from engaging in infringement of the material and/or content.

REPEAT INFRINGER POLICY

Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, Holepunch makes a good faith effort to identify and terminate any repeat infringers that abuse the service pursuant to the safe harbor requirements of the DMCA.