Copyright Disputes

pair Networks, Inc. is an international Web site hosting and domain registration service. However, with the exception of our own business and administrative web sites, pair does not provide or edit content of those who use our web site hosting services.

From time to time, and without any participation from pair Networks, Inc., a customer's site may include content which another person believes to be their intellectual property. If you believe that one of pair Networks, Inc.'s customers has published on their Web site text, data, music, or an image to which you believe you have a copyright you have several options available to you.

First: Try to work it out. Contact the site owner and explain your concern and request that they voluntarily remove your intellectual property from their site or negotiate a royalty or payment for its continued use.

Second: If negotiations fail, you can have legal counsel initiate a legal claim in court to resolve the dispute.

Third: If you believe very strongly that your intellectual property rights are being violated by pair Networks, Inc.'s customer, and you want pair to take action on your behalf, you must carefully follow the procedures established under the Digital Millennium Copyright Act (hereafter referred to as the "DMCA"), which is a statute passed by the United States Congress and which can be found at Title 17 of the United States Code.

pair Networks, Inc. did not write the law, and we understand the mechanism it provides for such situations is awkward and the time frames may seem arbitrary. However, if you want pair Networks, Inc. to take action you must follow the procedures fully and completely. Similarly, the customer whose use of the disputed material is being challenged must also carefully follow these procedures. Both the complaining party and pair Networks, Inc.'s customer are advised to read all four steps as detailed below.

Step One: The complaining person sends to abuse@pair.com, a "Notification of Alleged Copyright Infringement," which contains all of the following information:

(a) Complete e-mail, telephone, fax, actual address (if different from the mailing address), and ordinary mail contact information so we can reach you, or if you prefer your legal representative, to respond to the Notification.

(b) Clear identification of the material in question by description and location on the Web site. If there are multiple pages then let us know that so we can see for ourselves what the dispute involves. Links to the offending pages or screen captures can also be helpful. But you need to be as specific as you can.

(c) A brief explanation of the basis for your ownership claim. For example, "I wrote that," or "I took that photograph."

(d) The following statements:

"I declare that I have a good faith belief that the use of the disputed content is not authorized by the copyright owner or their authorized agent. I further attest under penalty of perjury that the information I have provided in this Notification is accurate and that I am the copyright owner or have been expressly authorized by the copyright owner to act on their behalf."

(e) An actual or electronic signature for the complaining party or their authorized agent.

If you prefer to send the Notification in paper form then it should be mailed or delivered to:

pair Networks, Inc. - DMCA Notification
2403 Sidney Street Suite 210
Pittsburgh, Pennsylvania USA 15203

WARNING - Should your Notification contain false information there may be severe criminal and civil penalties. This is a serious legal process.

Step Two: Once we receive a Notification, and assuming it contains all of the information required, pair Networks, Inc. will immediately notify its customer and forward a copy of the Notification to them with a request that the specific disputed content be immediately deleted from the web site(s). This allows the customer to continue operating the Web site while discontinuing use of the disputed content. If the customer fails to voluntarily edit their Web site then, following the procedures of the DMCA, pair Networks, Inc. will take action (which may at pair Networks Inc.'s discretion include disabling the customer's entire Web site) pending receipt of a Counter-Notification (as explained below), court order, or notice from the parties that they have resolved their differences.

Step Three: If you, as the customer, challenge the claims of the complaining party then the customer may send to pair Networks, Inc. a "Counter-Notification" seeking to have their web site reactivated or any deleted or blocked content restored. Such a Counter-Notification must contain all of the following information:

(a) Full identification of the customer with e-mail, telephone, fax, physical address for service of legal papers (if different from your mailing address) and ordinary mail contact information. If you prefer, your legal representative can provide their contact information.

(b) A clear identification of the material or web site which has been disabled, blocked, or removed.

(c) A brief explaination of the basis for your ownership claim. For example, "I wrote that," or "I took that photograph."

(d) The following statement:

"I hereby consent to the jurisdiction of the United States Federal Court where I am located, or if I am located outside of the United States then in the United States District Court for the Western District of Pennsylvania (where pair Networks, Inc. is located), I also agree to accept service of process from the party which filed the Notification of Alleged Copyright Infringement, or their authorized agent, through the address provided with this Counter-Notification. I further attest under penalty of perjury that I have a good faith belief that the disputed web site or content was disabled, blocked or deleted as the result of a mistake or misidentification of the material in question."

(e) The Customer's (or their authorized agent's) physical or electronic signature.

This Counter-Notification is best sent as an e-mail reply to the notice provided by pair to the customer who included the original Notice of Alleged Copyright Infringement. However it can also be sent in writing to:

pair Networks, Inc. - DMCA Notification
2403 Sidney Street - Suite 210
Pittsburgh, PA USA 15203

WARNING - Should a Counter-Notification contain false information there may be severe criminal and civil penalties. This is a serious legal process.

Step Four: Upon receipt of the proper Counter-Notification pair Networks, Inc. will forward the Counter-Notification to the complaining party and pair Networks, Inc. will reactivate the Web site, unblock, or restore any blocked content, no sooner than ten (10) business days and no later than fourteen (14) business days after the date pair Networks, Inc. receives the complete Counter-Notification - unless pair Networks, Inc. is notified that the complaining party has actually filed a claim seeking to block the customer's use of the disputed material in the United States District Court where the customer is located, or in the United States District Court for the Western District of Pennsylvania (if the customer is not located in the United States). Should pair Networks, Inc. receive actual notice of the filing of court action before reactivating the Web site or otherwise restoring or unblocking the dispute content, then pair Networks, Inc. will take no further action until it receives a court order or the joint notice of the customer and complaining party that they have amicably resolved their differences and joint instructions regarding the Web site and material at issue.

Questions: Please direct any questions regarding this procedure to: abuse@pair.com