One Avenue does not condone the use of our service to facilitate copyright infringement. We respect and abide by U.S. copyright laws including the requirements of the DMCA and rely on our users to do the same. One Avenue implements an automated virtual private network (“VPN”) service. Our service is fully automated and we do not log our user’s activities. We do not in any way select the recipients our users transmit to or the material our users access while using our service. We do not store, access, or modify any content that our users access while using our service. As a result, One Avenue’s VPN service qualifies as a provider of transitory digital network communications under 17 U.S.C. § 512(a) of the Copyright Act. As we do not store any content accessed by our users, we are unable to delete any such content that may be infringing. Because we do not log our users’ activities in order to protect and respect their privacy, we are unable to identify particular users that may be infringing the lawful copyrights of others.

 

Digital Millennium Copyright Act (“DMCA”) Takedown Notices That being said, One Avenue will do its best to assist copyright owners and their agents that report copyright infringement by a user that is using our services to the extent we can. However, before investigating any report of copyright infringement, we require the copyright owner or its authorized agent to give us a valid and complete DMCA takedown notices if you wish to report what you believe is infringing activity by a third party using One Avenue’s service. If you are unsure as to whether content on the One Avenue network infringes on your copyrights, then please first contact an attorney. Please deliver your notices to One Avenue’s designated DMCA Agent. Pursuant to 17 U.S.C. § 512(c)(3), all of the following items are required for our agent to investigate your notice:

• An identification in sufficient detail of the copyrighted work you believe to have been infringed;
• An identification of the content that is alleged to be infringing (all items should be mentioned separately);
• Sufficient information to help One Avenue to locate the allegedly infringing content;
• Sufficient contact information to notify the reporting party of One Avenue’s response (please include a physical address, telephone number, and email address);
• The following statement: "I have a good faith belief that use of the copyrighted materials in the manner complained of is not authorized by the copyright owner, its agent, or the law.";
• An identification of the user who may be responsible for the infringing activity;
• The following statement: "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.";
• A physical or electronic signature of the owner or their authorized agent; and
• Send the correspondence to the following address:

One Avenue Attn: DMCA Agent P.O. box 531746 Livonia, MI 48153 Email: abuse@oneavenue.com

Upon receipt of your DMCA takedown notice, we will make reasonable attempts to assist you if we can, recognizing that our system is designed to maximize users privacy and that we maintain no logs tracking our users’ activities. If a notice lacks any of the aforementioned necessary elements, it may be deemed an invalid notice and One Avenue will not attempt to investigate it. Please be aware that pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or that that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Counter-NotificationsIf we are able to help you identify a user or other third party that is subject to your notice, be aware that we abide by the DMCA’s counter-notification provision. Specifically, the DMCA provides a means for those reported for copyright infringement using a DMCA notice to provide a response to address the original Complaint. 17 U.S.C. §§ 512(g)(2)-(3). As with DMCA takedown notices, DMCA counter-notifications have certain statutory requirements, which we have listed below. Again, if you are unsure as to whether you should provide a counter-notification, please contact an attorney specializing in intellectual property issues.

• Sufficient information to identify you, including name, address, telephone number, email address, and a statement consenting to the Federal jurisdiction where your address is located, and that you agree to receive service of process from the party who provided the original DMCA notice under 17 U.S.C. § 512(c)(1)(C);
• A physical or electronic signature;
• An identification of the content that is alleged to be infringing (all items should be mentioned separately) and removed;
• The following statement: "I swear, under penalty of perjury, that I have a good faith belief that transmission of [insert file name here] identified above was blocked as a result of a mistake or misidentification of the material to be blocked"; and
• Send the correspondence to the following address