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:
| | ELEMENTS OF
NOTIFICATION. To be effective under this subsection,
a notification of claimed infringement must be a following: |
| | (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. |
| | |
| [As an electronic signature, our agent accepts
facsimile/fax and digitized image of your signature attached
to electronic mail.] |
| | (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. |
| |
(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. |
| | |
| [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. |
| | (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. |
| |
(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. |
| | (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:
| | 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: |
| | (i) |
A physical or electronic signature of the subscriber. |
| | |
| [As an electronic signature, our agent accepts
facsimile/fax and digitized image of signature attached
to electronic mail.] |
| | (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. |
| | |
| [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.] |
| | (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. |
| | |
| [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.] |
| | (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. |
| | (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:
Scott Lee
2303 Ranch Road 620 South
Suite 135-301
Austin, TX 78734
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/ |
