Last Revised June 26, 2012
ITLex Incorporated (“IT-Lex”) is a not-for-profit organization dedicated to educational, literary, and scientific advancement, with pending 501(c)(3) registration. As set forth in IT-Lex’s Terms and Conditions of Use IT-Lex respects the intellectual property rights of other and desires to offer a website that does not violate these rights. Our Terms prohibit users from submitting or uploading anything that violates the copyright or intellectual property rights of any person or entity.
To promote these objectives, IT-Lex provides a process for submission of complaints concerning copyright infringement, as outlined below.
In accordance with our Terms and the below-described procedures, and regardless of whether IT-Lex may be liable for any alleged violation of rights or inaccurate or unlawful content, we may remove or disable access to specified content appearing on IT-Lex upon receipt of a verified notice asserting that the content infringes intellectual property rights, is inaccurate, or is otherwise unlawful. As mentioned in the Terms, IT-Lex reserves the right to remove any content posted to IT-Lex for any reason.
Whether or not we disable access to or remove content, we may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the user who posted the content and to take any other steps to notify the user that IT-Lex received a notice of an alleged violation of intellectual property rights or other content violation.
The user may then refute the claim by submitting a counter-notice as permitted in these procedures. We may also provide any submitted counter-notice to the complainant with the user’s personal contact information. In appropriate circumstances and in our discretion, we may disable or delete the accounts of users, or groups, who infringe the intellectual property rights of others.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to your personal liability in a lawsuit. You should therefore seek the advice of legal counsel before submitting a notice or a counter-notice to us.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), IT-Lex has specific procedures for receiving written notification of claimed infringements. IT-Lex has also designated an agent to receive notices of claimed copyright infringement.
If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written Reporting Copyright Infringement communication which contains:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description specifying the location on ES of the material that you claim is infringing;
(d) Your telephone number, physical mailing address, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to IT-Lex Corporation’s Copyright Agent by email to copyrightagent@IT-Lex.org.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:
(a) Your physical or electronic signature;
(b) Identification of the material removed or to which access has been disabled;
(c) A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
(d) Your name, telephone number, email address and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Middle District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to IT-Lex Copyright Agent at the address specified above.