Nirvanix Inc. (Nirvanix) respects the intellectual property of others. If you believe that copyright material on, or hosted by, a Nirvanix system is being infringed, then you may notify Nirvanix, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below.

Notice

Notice must include the following to be effective:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
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 Nirvanix to locate the material;
4. Information reasonably sufficient to permit Nirvanix to contact you such as address, telephone number, and electronic mail address at which you may be contacted;
5. A statement that you have 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; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Where the DMCA applies, we will expeditiously remove content, or for content not controlled by Nirvanix, send the notice to our customer.

Counter Notice

If material that is on or hosted by a Nirvanix system has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

1. A physical or electronic signature of the subscriber;
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 under penalty of perjury that you have 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; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Nirvanix may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

Designated Agent for Notices

All written notices should be sent to the following designated agent:

Nirvanix, Inc.
ATTN: DMCA Coordinator
9191 Towne Centre Drive, Suite 510
San Diego, CA 92122
Telephone number (U.S.): 619.764.5650
Electronic mail: support@nirvanix.com