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
Notice@DMCANotice.com
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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