Copyright Infringement Policy

General.  HMSPANEL Software Corporation (“HMSPANEL”) wants to protect our rights as copyright owners.  We ask all subscribers to pay special attention to avoid violating copyright laws and regulations.  Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of copyright holders' rights.  You should be aware that some of the website content, images, or other material that HMSPANEL makes available on the HMSPANEL service might have been created or distributed without the copyright owners' authorization.  Your license to use and access the HMSPANEL service is subject to the condition that you shall not infringe the intellectual property rights of others in any way.  HMSPANEL reserves the right to terminate the account of any HMSPANEL subscribers with repeat copyright infringements.

Digital Millennium Copyright Act.  HMSPANEL will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”) (the text of which can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/ ) and other applicable intellectual property laws.  HMSPANEL will make a good-faith attempt to contact the person authorized to act on behalf of the alleged infringer with respect to the affected material so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. HMSPANEL will document all notices of alleged infringement on which we act.

Infringement Notification.  If we believe that our work has been copied in a way that constitutes copyright infringement we will file a notice of infringement with the alleged infringer.  This notice will be in the form of a written communication sent via regular mail that sets forth the items specified below.

Our notice will include the following:

  • 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;
  • 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 us to locate the material;

Counter Notification.  The alleged infringer who made available the material which is claimed to have infringed our copyright may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA.  To file a counter notification with HMSPANEL, the alleged infringer must provide a written communication via regular mail that sets forth the items specified below.  Please note that you could be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your material is not infringing the copyrights of HMSPANEL.  Please send your Counter Notification to:

HMSPANEL Software Corporation
Attn: President
P.O. BOX 592014
San Antonio, Texas 78259

To be effective, a Counter Notification must include the following:

  • Identification of the material that is to be removed or to which access is to be disabled and the location at which the material appears;
  • A statement under penalty of perjury that you have a good faith belief that the material to be removed or disabled is a result of mistake or misidentification;
  • Your name, address, and telephone number; and
  • The alleged infringer’s written signature.

If no response or Counter Notification is received within ten (10) to fourteen (14) business days, HMSPANEL shall:

  • File a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the HMSPANEL service.

This DMCA policy was updated on April 13, 2006.