InfinityHost complies with all applicable US Copyright Laws regarding
the intellectual property of others. In compliance with the Digital Millennium
Copyright Act (DMCA) our authorized copyright agent will accept and review
all claims submitted to InfinityHost under this act. The following procedures
will be followed:
- InfinityHost’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:
- 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.]
- 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.
[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.
- 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.
- 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
- 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.
- 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,
InfinityHost’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.
- 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 InfinityHost’s activities as little as possible
in effecting immediate compliance.
- 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:
- 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.]
- 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.]
- 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.]
- 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.
- 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.
- InfinityHost’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.
- All questions regarding this policy should be directed to InfinityHost’s
Registered Agent.
InfinityHost’s Registered Agent Contact information:
Don McLeman
2303 Ranch Road 620 South
Suite 135-301
Austin, TX 78734
Phone: 877-525-4678
InfinityHost 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/