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Steps Required of Node Owners in Order to Receive Protection Under the Digital Millenium Copyright Act ("DMCA")

The Technology used to run the Nodes not only allows, but requires anyone utilizing traffic services or banner services provided by the Node to set up a Site Profile in the Customer Back Office. Anyone who sets up a Site Profile is required to warrant that, if the material contained in the website page(s) they include in their Site Profile is subject to copyright, or if the banner image(s) they use is subject to copyright, that the Member setting up the Site Profile is either the owner of the Copyright or has a license to use the copyrighted material. It is almost impossible, without going to extreme and cost prohibitive measures, to verify whether this information is true. In the event that the information provided by the Member setting up the Site Profile is not true, and that Member is in violation of a Copyright owned by a third party, then you, as the Node Owner, and TrafficCentral as the exclusive licensee of the Technology as well as acting as an overseer of a portion of the TrafficCentral Network, could also be subject to an action brought by the owner of the Copyright.

The Digital Millenium Copyright Act of 1998 found at 17 U.S.C. § 512 ("DMCA") provides recourse for owners of copyrighted materials who believe that their rights under United States Copyright Law have been infringed on the internet. Under the DMCA, the owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider.

As a Node Owner, your purchase includes a License to use the Technology to operate your Node. In order for TrafficCentral to continue to receive protection under the DMCA, you, as a Licensee of the Technology and of the content of the websites, must also claim protection, as a requirement of your License with TrafficCentral, under the Safe Harbor provisions of the DMCA. You must do so within 14 days of the date of the installation of your Node. One of the legal documents that is included in your license is entitled "Digital Millenium Copyright Act ("DMCA") Notice". This document must continually be accessible by a prominent link on each page of your websites, preferably near the links to the Terms and Conditions and Privacy Policy.

If you fail to take the following steps to claim protection of the Technology and the websites included in your License, TrafficCentral has the right to terminate its contractual relationship with you, including the termination of your License Agreement, without refunding any monies you may have paid to receive said License. Furthermore, if you fail to take the following steps within 14 days of the installation of your Node, and your failure to act causes TrafficCentral to lose any protections it may have had under the Safe Harbor provisions of the DMCA, you agree to pay to TrafficCentral the sum of $1 million dollars as liquidated damages, plus actual damages, attorney fees, and costs. You recognize that TrafficCentral's loss of the ability to claim the Safe Harbor protection under the DMCA will cause TrafficCentral irreperable harm, including business interruption, loss of current and future business, and other damages.

You must designate an agent to receive notification of claimed infringement from the copyright owner. The agent can be the owner of your company, an employee of your company, or someone outside your organization. You want to designate someone in a position to respond quickly to any notices of claimed infringement.

1) You must post the name, address, phone number, and email address of the agent in a publicly accessible place on the website.

2) You must register the designated agent with the Copyright Office. The Copyright Office does not provide forms. Instead, you must label the registration prominently as "Interim Designation of Agent to Receive Notification of Claimed Infringement."

You then need to provide the following information in your "Designation of Agent" Communication:

the full name and legal address of the legal Owner of the Node;

all the names under which You are doing business;

the name of the designated agent (this must be an individual and not a business) (this can be Your own name);

the full address, including a specific number and street name, of the agent. A post office box will not be sufficient except where it is the only address that can be used at that geographic location;

the agent's telephone number, fax number, and email address;

a cashier's check or money order in the amount of $50 made payable to the Register of Copyrights to cover the filing fee.

This Interim Designation must be signed by an appropriate officer or representative of the Node Owner's company. The signature must be accompanied by the printed or typewritten name and title of the person signing the Interim Designation, and the date of the signature.

The Interim Designation must be filed with the Public Information Office of the Copyright Office, Room LM-401, James Madison Building, Library of Congress, 101 Independence Ave., SE, Washington, D.C. It also can be mailed to Copyright GC/I&R, PO Box 70400, Southwest Station, Washington, D.C. 20024. The designation must be accompanied by the filing fee of $50.00.

If the information in the Interim Designation changes -- if, for example, you replace your agent -- you need to file an amended Interim Designation with the Copyright Office, with another $50.00 fee.

If you should receive a "Notice of Claimed Copyright Infringement", you must forward the notice, in its entirety, to Legal@TrafficCentral.net as soon as practicable, but in no event more than 24 hours after your receipt of such notice. In addition, you must determine the Member who this notice pertains to and immediately change that member's site approval priority to Inactive - Level 0 (The Not Approved Status Level).

If the Member to whom the "Notice of Claimed Copyright Infringement" files a "Counternotification of Claimed Copyright Infringement" with you, you must again forward this notice, in its entirety, to Legal@TrafficCentral.net, as soon as practicable, but in no event more than 24 hours after your receipt of such notice. In addition, provided the information contained in the Counternotification is complete, you must reinstate the member's site approval priority to its prior level immediately.

You agree to take any further steps requested of you by TrafficCentral or its attorneys to comply with the Safe Harbor provisions of the DMCA.

Last Updated: 9/13/08 DLA