Notice and Procedure for Making Claims of Copyright Infringement


Copyright 2010 Protogate, Inc. All rights reserved. Permission to copy and distribute all documents and related graphics from this World Wide Web (WWW) server is granted subject to the following:
  1. The materials provided herein are for internal use only, and
  2. Any copies of documents contained within this server or portions thereof must include the above copyright notice and/or any other applicable copyright notice that is currently contained in  those documents..

Each document published by Protogate, Inc. ("Protogate") on this server may contain other proprietary notices or describe products, services, processes or technologies owned by Protogate or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Protogate or any third party.

Trademarks
The Protogate name and logo and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Protogate, Inc.. All other products and service marks contained herein are the trademarks of their respective owners.

 

Consent To Monitoring And Disclosure
Protogate is under no obligation to monitor the information residing on or transmitted to this server. However, anyone using this server agrees that Protogate may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. Protogate reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.

Should any user of information on this server provide Protogate with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and Protogate assumes no obligation to protect such information from disclosure. The submission of such information to Protogate shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Protogate for any purpose whatever and Protogate shall be free to reproduce, use, disclose and distribute the information to others without restriction.

 

Disclaimer Of Liability
THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. PROTOGATE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PROTOGATE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL PROTOGATE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY.

 

No Warranties
Any Protogate material on this server may include technical inaccuracies or typographical errors. Protogate has the right to make changes and updates to any information contained within this server without prior notice.

THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY PROTOGATE, ITS AFFILIATES OR ITS RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER PROTOGATE NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Disclaimer Of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Protogate. Product and service information is the sole responsibility of each individual vendor. The Protogate name and logo and other trademarks and trade names owned by Protogate may not be used in any commercial manner without the prior written consent of Protogate.

Pursuant to Title II of the Digital Millennium Copyright Act and specifically Title 17, United States Code, Section 512(c)(2), all claims of copyright infringement for material that is believed to be residing on Protogate's system or network, should be promptly sent in the form of written communication to Protogate's Designated Agent:

Service Provider:
Protogate, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement:
William K. Rocco Agent for Claims
Treasurer and CFO

Full Address of Designated Agent to Which Notification Should be Sent:
Protogate, Inc..
12225 World Trade Drive, Suite R
San Diego, CA 92128

Telephone Number of Designated Agent:
Phone: (858) 451-0865

Facsimile Number of Designated Agent:
Facsimile: (877) 473-0190

E-mail Address of Designated Agent:
Email: bill@protogate.com

 To be effective, all claims must include the following information:

  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 on-line 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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the Complaining Party has 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 the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For questions on these Terms of Use: bill@protogate.com