Digital Millennium Copyright Act (DMCA) Notice
Updated February 23, 2010

Tier 3, LLC (“Tier 3,” “Company,” “we,” “us,” or “our”) may act as a “services provider” (as defined by DMCA) and offer services as a provider of, or operator of facilities for, online services or network access.  As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using our online services or network.  Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our online services or network.  Company has adopted a policy that provides for the immediate removal of any content or the suspension of any client that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via our online services or network infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Mr. Jared Wray.  The designated agent’s contact information is as follows:
Tier 3, LLC
Mr. Jared Wray - Designated Agent for DMCA Notices
9594 First Ave NE #510
Seattle, WA 98115, USA
Phone: 1.877.38.TIER3
Fax: 1.866.348.5509
Email: legal@tier3.com

Please provide the following information with your notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material that you claim is infringing, with enough detail so that we may locate the material;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

We may give notice to our clients of any infringement notice by means of a general notice on any of our websites, electronic mail to a client’s designated contact’s e-mail address in our records, or by written communication sent by first-class mail to a client’s designated contact’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. 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;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.