1.) Apollo Hosting's registered DMCA Agent shall receive all claims
of infringement. The law requires such claims to contain certain
information including location of infringement materials.
DMCA Section 512(c)(3)(A) requires the following of notices alleging
copyright infringement:
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ELEMENTS OF NOTIFICATION.
To be effective under this subsection, a notification of claimed
infringement must be a following: |
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(i) |
A physical or electronic
signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed. |
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[As an electronic signature, our
agent accepts facsimile/fax and digitized image of your signature
attached to electronic mail.] |
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(ii) |
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. |
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(iii) |
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. |
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[Please include a URL such as http://.../.../...
or ftp://.../.../... identifying the material or representative
material. If possible, specify any IDs, passwords, or other
authorization required to access the material. Please specify
date, time, and time zone from which the material was observed.
Technicians may require time information in order to identify
dynamically assigned internet locations. |
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(iv) |
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. |
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(v) |
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. |
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(vi) |
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 |
2.) The DMCA agent shall promptly acknowledge receipt of
each infringement claim. If the claim fails to substantially comply
in supplying information, the registered agent shall promptly
attempt to contact the person making the notification or take
other reasonable steps to assist in the receipt of notification
that substantially complies.
3.) The registered DMCA agent shall coordinate activities,
keep records required to track repeat offenses, and assure proper
adjudication of all incidents. The DMCA agent and those acting
for and in conjunction with the DMCA agent shall:
- Protect rights of intellectual property owners as defined
by law, Apollo Hosting's Authorized
Use Policy, and accepted standards of academic behavior;
- Protect rights and due process of those accused of infringement
- particularly if Fair Use protection may apply.
4.) Upon receipt of a complete claim of infringement, the registered
agent shall direct prompt removal of material or removal of all
local or wide-area network access to the material claimed to be
infringing. This will be accomplished within 14 days of
receipt of a valid notification. The Registered Agent shall
take steps to ensure this take-down will impact essential Apollo
Hosting’s activities as little as possible in effecting immediate
compliance.
5.) The Registered Agent shall arrange prompt restoration
of the material, upon proper compliance with the terms of DMCA
regarding 'Put Back' procedures. Upon valid 'Put Back' notification,
the Registered agent shall direct prompt restoration within 14
days. The law requires such claims to contain certain information
including location of infringement materials:
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ELEMENTS OF COUNTER
NOTIFICATION. To be effective under this subsection, a
counter notification must be a written communication provided
to the service provider's Registered Agent that includes substantially
the following: |
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(i) |
A physical or electronic
signature of the subscriber. |
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[As an electronic signature, our
agent accepts facsimile/fax and digitized image of signature
attached to electronic mail.] |
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(ii) |
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. |
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[This information will normally be
included in the notice you receive from the DMCA agent. You
may want to expand on it or distinguish some materials from
others. Please include a URL such as http://.../.../... or
ftp://.../.../... identifying the material or representative
material. Specify any IDs, passwords or other authorization
required to access the material.] |
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(iii) |
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. |
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[If you have any permissions for
subject materials, please identify them. If you believe materials
to be quotable under Fair Use Doctrine, please state your
case with reference to the four principles of Fair Use.] |
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(iv) |
A statement that the
affected party has a good faith belief that use of the material
does not infringe the rights of the copyright owner, or its
agent, or the law. |
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(v) |
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 under subsection
(c)(1)(C) or an agent of such person. |
6.) Apollo Hosting's registered DMCA agent or the agent's
delegate will take responsible steps to promptly notify the subscriber/user
of the take-down. This notice will specify information required
to make a counterclaim, and other information explaining applicable
due process rights.
7.) All questions regarding this policy should be directed
to Apollo Hosting's Registered Agent.
Apollo Hosting's Registered Agent Contact information:
Martin Field
3267 Bee Caves Rd
Ste 107-191
Austin, TX 78746-6773
877-525-4678 x308
Apollo Hosting will not be party to any copyright infringement
disputes.
This is not legal advice and should not be construed to be legal
advice. This is provided for informational purpose only.
If you believe your intellectual property has been infringed but
are not sure, please seek legal counsel before proceeding.
Additional Resources:
DMCA Summary:
http://www.loc.gov/copyright/legislation/dmca.pdf
DMCA Full:
http://www.loc.gov/copyright/legislation/hr2281.pdf
US Copyright Office:
http://www.lcweb.loc.gov/copyright/ |
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