| Copyright
NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION
IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE
SERVICE PROVIDERS REFERENCED BELOW THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL
ASSISTANCE, REPORTS OF E-MAIL ABUSE, AND PIRACY
REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS
PROCESS.
Written notification must
be submitted to the following Designated Agent:
Service Provider(s): tcn-network
Name of Agent Designated to Receive
Notification of Claimed Infringement: David
E-mail Address of Designated Agent: david@tcn-network.net
To be effective, the Notification
must include the following:
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 online 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.
Upon receipt of the written
Notification containing the information as outlined
in 1 through 6 above:
1. Service Provider shall
remove or disable access to the material that
is alleged to be infringing;
2. Service Provider shall forward the written
notification to such alleged infringer ("Subscriber");
3. Service Provider shall take reasonable steps
to promptly notify the Subscriber that it has
removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be
a written communication provided to the Service
Provider's Designated Agent that includes substantially
the following:
1. A physical or electronic
signature of the Subscriber;
2. Identification of the material that has been
removed or to which access has been disabled and
the location at which the material appeared before
it was removed or access to it was disabled;
3. A statement under penalty of perjury that the
Subscriber has a good faith belief that the material
was removed or disabled as a result of mistake
or misidentification of the material to be removed
or disabled;
4. The Subscriber's name, address, and telephone
number, and a statement that the Subscriber consents
to the jurisdiction of Federal District Court
for the judicial district in which the address
is located, or if the Subscriber's address is
outside of the United States, for any judicial
district in which the Service Provider may be
found, and that the Subscriber will accept service
of process from the person who provided notification
or an agent of such person.
Upon receipt of a Counter
Notification containing the information as outlined
in 1 through 4 above:
1. Service Provider shall
promptly provide the Complaining Party with a
copy of the Counter Notification;
2. Service Provider shall inform the Complaining
Party that it will replace the removed material
or cease disabling access to it within ten (10)
business days;
3. Service Provider shall replace the removed
material or cease disabling access to the material
within ten (10) to fourteen (14) business days
following receipt of the Counter Notification,
provided Service Provider's Designated Agent has
not received notice from the Complaining Party
that an action has been filed seeking a court
order to restrain Subscriber from engaging in
infringing activity relating to the material on
Service Provider's network or system.
|