Legal
DMCA Policy
TurboPentest's response to copyright infringement claims under the Digital Millennium Copyright Act.
Overview
The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, provides a procedure for copyright owners to notify online service providers of claimed copyright infringement and to request that allegedly infringing material be removed or access to it be disabled. TurboPentest, operated by IntegSec LLC, takes intellectual property rights seriously and complies with the notice-and-takedown requirements of the DMCA.
If you believe that material accessible on or through the TurboPentest service infringes a copyright that you own or are authorized to act on behalf of, you may submit a written notification of claimed infringement to our designated agent using the procedure described below. We will respond to properly formed notices in accordance with the DMCA.
Designated Agent
Pursuant to 17 U.S.C. § 512(c)(2), TurboPentest's designated agent for receiving notifications of claimed infringement is:
DMCA Agent - IntegSec LLC
5305 Limestone Road, Suite 200Wilmington, DE 19808
Phone: +1 (207) 200-3288
Email: [email protected]
Subject line: DMCA Notice
Designated Agent registered with the U.S. Copyright Office. (Note: registration confirmation will be added once filed.)
How to submit a takedown notice
To be effective under 17 U.S.C. § 512(c)(3), a written notification of claimed infringement submitted to our designated agent must include substantially all of the following six elements:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material (such as the specific URL).
- Information reasonably sufficient to permit the service provider 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.
- 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications that do not substantially comply with these requirements may not be effective under the DMCA and may not be acted upon. Please consult 17 U.S.C. § 512 or an attorney before submitting a notice.
Counter-notification
If you believe that material you posted to TurboPentest was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent. To be effective under 17 U.S.C. § 512(g)(3), a written counter-notification must include substantially all of the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has 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.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under § 512(c)(1)(C) or an agent of such person.
Upon receipt of an effective counter-notification, we will follow the procedures described in 17 U.S.C. § 512(g), including providing a copy of the counter-notification to the original complaining party and informing them that we will replace the removed material or cease disabling access to it within 10 to 14 business days unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity.
Repeat infringer policy
In accordance with 17 U.S.C. § 512(i), TurboPentest has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of subscribers who are deemed to be repeat infringers.
Misuse of this process
Please be aware that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or authorized licensee, or by the service provider. Do not submit false or unfounded claims.
Questions
General legal inquiries (not DMCA notices) can be sent to [email protected]. See also our Terms and Conditions and Acceptable Use Policy.