WEXUS LEGAL INFORMATION

CIVIL PROCESS POLICY

Wexus Technology Inc.’s (“Wexus”) Privacy Policy provides that Wexus will release account information sufficient to identify a user in, compliance with applicable laws or regulations, or to comply with a valid legal process such as a search warrant, subpoena or court order. Thus, if identity or account information is sought in connection with a civil legal matter, the party seeking such identity or account information must serve Wexus with a valid subpoena.

Wexus is headquartered in San Francisco, California, and subject to the jurisdiction of the Federal and state courts located therein.. For applicable requirements governing the issuance of foreign state subpoenas or federal subpoenas in these jurisdictions, the party seeking such identity of account information should consult applicable Federal and state rules of civil procedure.

Upon receipt of a valid subpoena, it is Wexus’s policy to promptly notify the user(s) whose information is sought. In non-emergency circumstances, Wexus will not produce the subpoenaed user’s identity information until approximately two weeks after being properly served with the subpoena, so that the user whose information is sought will have adequate opportunity to move to quash the subpoena in court. Wexus invoices for costs associated with subpoena compliance. We charge $75.00 per hour for research, $14.00 per Federal Express and $0.25 per copy. Subpoenas should be directed to:

Wexus Technologies, Inc.
535 Mission St.
14th Floor
San Francisco, CA 94105
United States

Please be advised that the Electronic Communications Privacy Act (18 U.S.C. §2701, et seq.), prohibits an electronic communication service provider from producing the contents of electronic communications, even pursuant to a subpoena or court order, except in limited circumstances. It is Wexus’s policy to release information sufficient to identify a Wexus user only where the party seeking the information has filed a legal action that implicates a Wexus user in some legally cognizable impropriety or wrongdoing or can show that the information requested is material to the issues involved in the underlying case. Wexus requests a complaint and any supporting documentation to indicate how the Wexus user’s identity is related to the pending litigation.

Wexus reserves the right to determine in its sole discretion the applicability of this policy to any particular request. This policy does not create any enforceable legal rights, either for Wexus, its users, or for requesting parties. Wexus’ Privacy Policy provides that Wexus will release account information sufficient to identify a user in, compliance with applicable laws or regulations, or to comply with a valid legal process such as a search warrant, subpoena or court order. Thus, if identity or account information is sought in connection with a civil legal matter, the party seeking such identity or account information must serve Wexus with a valid subpoena.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) AND COPYRIGHT TAKEDOWN POLICY

Wexus respects the intellectual property of others, and we ask our users to do the same. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Wexus may disable and/or terminate the accounts of users in accordance with this policy. If you believe that your work has been copied in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you can request that we take down the infringing material by filing a DMCA Notice with Wexus. If your material has been removed as a result of a DMCA Notice, you may file a Counter-Notice requesting that the material be restored. Please note that we do not make any legal decisions about the validity of your claims. Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

Notices and Counter-Notices are legal notices distinct from regular activities or communications. As such, they are not subject to Wexus’s Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.

FILING A DMCA NOTICE

To file a DMCA Notice with Wexus, you must send us a written letter by fax, regular mail, or email. When we receive a clear and valid Notice pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing material or blocking access to it. We may contact the Notice provider to request additional information. We reserve the right to ignore a Notice that is not in compliance with the DMCA.

Your Notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, in the case of multiple copyrighted works, a representative list of such works.
  • 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 Wexus to locate the material.
  • Information reasonably sufficient to permit Wexus to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • 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.
  • The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

FILING A DMCA COUNTER-NOTICE

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice asking for the allegedly infringing material to be restored. When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting its removal. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA. Your Counter-Notice must include the following:

  • A list and description of all material(s) that were removed by Wexus and the location at which the material(s) appeared before it/they was/were removed.
  • Your name, address, telephone number and email address (if available).
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court in San Francisco, California;
  • A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
  • The following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • Your Signature.

DMCA Notices and Counter-Notices should be sent to Wexus’s Agent for Notice of Claims of Copyright or Other Intellectual Property Infringement as follows:

DCMA Notice
Wexus Technologies, Inc.
535 Mission St.
14th Floor
San Francisco, CA 94105
United States
By email: dcma@wexustech.com

Wexus’s Agent may also be reached by phone at 415-885-9476.