|
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 EMAIL 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): Civil Solutions -- a division of ARH; ARH
Associates Inc.
Name of Agent Designated to Receive
Notification of Claimed Infringement: Richard Rehmann
Full Address of Designated Agent to
Which Notification Should be Sent: 850 S. White Horse
Pike, Hammonton, New Jersey 08037-2019
Telephone Number of Designated Agent: (800) 924-0482
Facsimile Number of Designated Agent: (609) 704-8011
Email Address of Designated Agent: rrehm@arh-us.com
To be effective, the Notification must include the following:
-
A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
-
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 the service provider to locate the material;
-
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;
-
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
-
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:
-
Service Provider shall remove or disable access to the
material that is alleged to be infringing;
-
Service Provider shall forward the written notification to
such alleged infringer ("Subscriber");
-
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:
-
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 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:
-
Service Provider shall promptly provide the Complaining Party
with a copy of the Counter Notification;
-
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;
-
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.
|