Trademark and/or Copyright Infringement Policy

Respecting Intellectual Property

IT Company ("IT Company") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, IT Company is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.

Copyright and Trademark Claims

1. To notify IT Company that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint. 2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C). A. Trademark Claims 1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which the Complaining Party holds a valid, registered trademark or service mark, IT Company requests that the Complaining Party substantiate such claim http://www.itcompany.com.au/ManageIT/index.php A valid, registered mark is a registration with the Australia Patent and Trademark Office or, for foreign marks, registration with the appropriate intellectual property organization of your country. State registrations will not be considered valid registrations. In addition to the Preparation Form above, you must submit an effective notification. To be considered effective, a notification of a claimed trademark violation must be provided via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it and must include the following information: Sufficient evidence that the party posting the trademark that is claimed to be infringing is an IT Company customer. The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed. The jurisdiction or geographical area to which the mark applies. The name, post office address and telephone number of the owner of the mark identified above. The goods and/or services covered by or offered under the mark identified above. The date of first use of the mark identified above. The date of first use in interstate commerce of the mark identified above. The mark the Complaining Party believes is an infringement of its mark. The goods and/ or services covered by or offered under the mark claimed to be infringing. The precise location of the infringing mark, including electronic mail address, etc. A good faith certification, signed under penalty of perjury, stating: 1. The mark [identify mark] infringes the rights of another party, 2. The name of such said party, 3. The mark [identify mark] being infringed, and 4. That use of the mark [identify mark] claimed to be infringing at issue is not defensible. 3. Upon receipt of the appropriate information identified in Section 2 above, for trademark claims, IT Company will initiate an investigation. While IT Company is investigating the claim, IT Company, at its sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, and/or if it is solely stored on a IT Company server, temporarily remove or deny access to the challenged material. 4. If IT Company concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's IT Company account and/or if it is solely stored on a IT Company server, deny access to the challenged material. If IT Company concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, IT Company will restore access to the challenged material.

Copyright Claims

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, IT Company requests that the Complaining Party substantiate such claim by providing IT Company with the following information via email The words "Copyright Claim" should appear in the subject line. To be considered effective, a notification of a claimed copyright infringement must be provided to IT Company and must include the following information: 1. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works on that site. 3. 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 IT Company to locate the material. 4. Information reasonably sufficient to permit IT Company to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted. 5. A statement that the Complaining Party has 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. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. 2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, IT Company will remove or disable access to the material that is claimed to be infringing. 3. If the Complaining Party provides IT Company with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit IT Company to locate and remove or disable the material in question, or includes information concerning repeat infringement, then IT Company will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.