DMCA Notice of Alleged Infringement ("Notice")

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to ClusterDev's Designated Copyright Agent. Upon receipt of Notice as described below, ClusterDev will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.

DMCA Counter-Notice of Alleged Infringement

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder's agent, or pursuant to law, to post and use the material in your content, you may send a Counter-Notice containing the following information to ClusterDev's Copyright Agent:

If a Counter-Notice is received by the Copyright Agent, ClusterDev may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against ClusterDev or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.

ClusterDev's Policy Regarding Repeat Infringers

ClusterDev does not condone or tolerate copyright infringement or any violation of the intellectual property rights of ClusterDev or of others. ClusterDev reserves the right to terminate the access and/or use privileges of any person who has been determined to be a 'repeat infringer' of the copyrights of ClusterDev or others. ClusterDev reserves the right to define the criteria by which ClusterDev will determine that a person is a 'repeat infringer.' In the event that repeat infringer' is defined by statute, law, or regulation as applicable to 17 USC § 512, ClusterDev will adopt that definition as a minimum standard. Without limiting ClusterDev's right to define 'repeat infringer,' as a general rule, ClusterDev will define a 'repeat infringer' as any person or entity about whom ClusterDev has received two or more DMCA Notices of Alleged Infringement. ClusterDev will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a 'repeat infringer' is appropriate.

REGARDLESS OF WHETHER CLUSTERDEV TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, 'REPEAT INFRINGER' OR OTHERWISE, CLUSTERDEV IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL CLUSTERDEV INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY CLUSTERDEV WEBSITE, APPS OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.