ASF Ironworks, Inc. DMCA (Digital Millenium Copyright Act) Compliance Statement
ASF Ironworks, Inc. recognizes and makes every effort to comply with the Digital Millennium Copyright Act (DMCA). The DMCA, which was passed in 1998, protects Internet Service Providers from absolute liability in copyright infringement cases.
Historically, copyright laws designate "absolute liability" for violation copyright rights, including reproduction, distribution, modification, public performance and public display of copyrighted material.
The DMCA provides relief from monetary damages for certain practices. For example, an Internet web page could contain copyrighted images used without permission of the copyright holder. The DMCA keeps the Internet Service Provider (ISP) from being held liable in such a situation under the regulations outlined in the Online Copyright Infringement Liability Limitation Act, available at the U.S. Copyright Office Web site: http://www.loc.gov/copyright.
The DMCA limits ISPs from liability for copyright infringement for transmitting information across the Internet. However, ISPs are expected to remove material that appears to constitute copyright infringement.
It is ASF Ironworks, Inc.'s policy to respond to notices of alleged copyright infringement in compliance with the DMCA. This might include removing or disabling access to material, alleged to be related to copyright infringement.
In the event of a copyright infringement claim, ASF Ironworks, Inc.'s, in compliance with the DMCA, will make a good faith effort to contact the site owner of the website that contains the material so that they may have the opportunity to make a counter-notification as specified in the DMCA. If no counter-claim is received within 14 days of notification, or ASF Ironworks, Inc. believes the claim to be reasonable, ASF Ironworks, Inc. will remove the materials referenced in the claim.
To file a copyright infringement notification with ASF Ironworks, Inc., a written communication by mail must be received which includes the following:
- A link to the page containing copyrighted work that has been infringed and a description of the nature of the infringement.
- Address and telephone number of the person making the copyright infringement claim.
- Inclusion of the following statement:
"I have a good faith belief that use of the copyright materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Signature of copyright owner or authorized agent.
The complaint should be sent via postal mail to ASF Ironworks, Inc. at:
ASF Ironworks, Inc.
675 Wilson St
Eugene, OR, 97402
The DMCA provides for counter notification if a site owner feels he or she is being wrongly accused of copyright infringement. A written counter-notification letter by regular mail must be sent, including the information below:
- Identification of URLs or material that has been removed or disabled by ASF Ironworks, Inc.
- Name, address, telephone number, email address and a statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located.
- Include the following statement:
"I swear, under penalty of perjury, that I have a good faith belief that the item identified above was removed or disabled as a result of a mistake or mis-identification and is not infringing on copyright."
- The site owner's signature.
The counter-notification should be sent by mail to:
ASF Ironworks, Inc.
675 Wilson St
Eugene, OR, 97402
ASF Ironworks, Inc. will notify the individual or agent who filed the initial copyright claim about the counter-notification and will take action to restore any material that has been removed, if such action seems reasonable. In cases where the parties cannot come to agreement on the copyright infringement claim, ASF Ironworks, Inc. will remove or restore material as deemed appropriate by the courts.
Limit of Liability
ASF Ironworks, Inc. is not, and will not, be held liable for any conduct associated with your use of this website, for your advertising activity, nor for any content posted using the ASF Ironworks, Inc. services.
The user must assume the entire risk of using the service. ASF Ironworks, Inc. is not to be held, and will not accept, any liability for any damages, direct or consequential, resulting from the installation or use of this service. This includes, but is not limited to, loss of stored data or loss of operational capability of the associated hardware and software systems.
The service and/or software/hardware systems are not to be used for presenting irrelevant, misleading or Illegal Activities. ASF Ironworks, Inc. reserves the right to cancel all product support and future updates without any monetary refund if you violate any of license agreements or terms and conditions.
ASF Ironworks, Inc may terminate your account upon notice for failure to comply with any of these License Terms and Conditions. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASF Ironworks, Inc AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASF Ironworks, Inc. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AD SERVER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
675A Wilson St
Eugene OR 97402
All major credit cards accepted.