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Certified Hosting - DMCA
Pursuant to Title 17, United States Code, Section
512(c)(2), all notifications of claimed copyright infringement
on the Certified Hosting, INC. ("Certified Hosting") system
or Web site should be sent ONLY to our Designated Agent.
NOTE: The Following Information is provided solely
for notifying Certified Hosting that your copyrighted material
may have been infringed.
Written notification must be submitted to the following
Designated Agent:
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
[email protected]
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT
TO THE ABOVE CONTACT ABOVE
Under Title
17, United States Code, Section 512(c)(3)(A), the Notification
of Claimed Infringement must include ALL of
the following:
- Physical or electronic signature of a person
authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed
to have been infringed or a representative list if multiple
works are involved.
- Identification of the material that is claimed
to be infringing that should be removed or access to disabled
and information reasonably sufficient to enable the online
service provider to locate the material (usually a URL
to the relevant page).
- Information reasonably sufficient to allow
the online service provider to contact the complaining
party (address, phone number, e-mail address).
- 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."
- Statement that the information in the notice
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the copyright
owner.
- Upon receipt of notification of a claimed infringement,
Certified Hosting will respond expeditiously to remove,
or disable access to, the material that is claimed to
be infringing or to be the subject of infringing activity,
regardless of whether the material or activity is ultimately
determined to be infringing; if selective action is not
possible, Certified Hosting will terminate the alleged
infringer's Internet access.
Certified Hosting will also take reasonable steps to promptly
notify the alleged infringer in writing of the claim against
him or her, and that it has removed or disabled access to
the material (see Sections 512(c)(1)(C) and (g) of the DMCA).
Upon receipt of notice from Certified Hosting that a claim
of infringement has been made and/or that the material has
been removed or that access to it has been disabled, the Subscriber
may provide a Counter Notification.
To be effective, a Counter Notification must meet ALL of the
following requirements:
- It must be a written communication;
- It must be sent to the Service Provider's Designated
Agent;
- It must include the following:
- A physical or electronic signature of the
Subscriber;
- 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;
- 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;
- 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 Subscriber's 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.
NOTICE AND TAKE DOWN PROCEDURES
Certified Hosting implements the following “notice
and takedown” procedure upon receipt of any notification
of claimed copyright infringement. Certified Hosting reserves
the right at any time to disable access to, or remove
any material or activity accessible on or from any Site
or any Materials claimed to be infringing or based on
facts or circumstances from which infringing activity
is apparent. It is the firm policy of the Certified Hosting
to terminate the account of repeat copyright infringers,
when appropriate, and Certified Hosting will act expeditiously
to remove access to all material that infringes on another’s
copyright, according to the procedure set forth in 17
U.S.C. §512 of the Digital Millennium Copyright Act
(“DMCA”). Certified Hosting's DMCA Notice
Procedures are set forth in the preceding paragraph. If
the notice does not comply with Paragraph 19 and §512
of the DMCA, but does comply with three requirements for
identifying sites that are infringing according to §512
of the DMCA, Certified Hosting shall attempt to contact
or take other reasonable steps to contact the complaining
party to help that party comply with the notice requirements.
When the Designated Agent receives a valid notice, Certified
Hosting will expeditiously remove and/or disable access
to the infringing material and shall notify the affected
user. Then, the affected user may submit a counter-notification
to the Designated Agent containing a statement made under
penalty of perjury that the user has a good faith belief
that the material was removed because of misidentification
of the material. After the Designated Agent receives the
counter-notification, it will replace the material at
issue within 10-14 days after receipt of the counter-notification
unless the Designated Agent receives notice that a court
action has been filed by the complaining party seeking
an injunction against the infringing activity. Certified
Hosting reserves the right to modify, alter or add to
this policy, and all users should regularly check back
to these Terms and Conditions to stay current on any such
changes.
CAUTION: Pursuant to Title 17, Section 512(f) of the
United States Code, any person who knowingly materially misrepresents
that material or activity is infringing, or that material
or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys'
fees, incurred by the alleged infringer, by any copyright
owner or copyright owner's authorized licensee, or by a service
provider, who is injured by such misrepresentation, as the
result of the service provider relying upon such misrepresentation
in removing or disabling access to the material or activity
claimed to be infringing, or in replacing the removed material
or ceasing to disable access to it. |
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