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CMC.net Statement of Compliance with the Digital Millennium Copyright ActAs an Internet Service Provider, CMC.net believes in protecting intellectual property rights of others and expects users of CMC.net's services and visitors to our websites to do so as well. How Copyright Holders Make a Claim of Copyright Infringement:CMC.net will process copyright infringement notices as outlined in the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512 et. seq. The DMCA states the steps to be taken by copyright owners who feel that their rights under U.S. copyright law have been infringed on the Internet via written notification to Internet Service Providers, such as CMC.net, on whose servers infringing material may reside. Per Section 512(c)(2) of the DMCA, written notice to the following agent designated to receive notification of claimed infringements may be sent by copyright holders who believe that their works have been infringed by a user of CMC.net's hosting services or a visitor to our websites: Scott Chambers Fax: (541) 342-1568 E-mail: copyrightagent@cmc.net Please provide the following information when providing notice of claimed copyright infringement (per Section 512(c)(3) of the DMCA): 1. a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right; 2. an identification of the copyrighted work you claim 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; 3. an 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 us to locate the material; 4. your name, address, daytime telephone number, and email address, if available, so that CMC.net may contact you if necessary; 5. a statement by you that you have 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 6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon receipt of notification of a claimed infringement, CMC.net 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, CMC.net will terminate the alleged infringer's Internet access. CMC.net 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 or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the DMCA). How a User or Visitor Responds with a Counter Notice if Wrongly Accused of Copyright Infringement:A user or visitor may submit a written counter notice to CMC.net's authorized agent if he or she feels wrongly accused of posting infringing material. Pursuant to Section 512(g)(3) of the DMCA, the counter notice must include: 1. your physical or electronic signature; 2. 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; 3. a statement under penalty of perjury that you believe in good faith that the material was removed or disabled as a result of mistake or misidentification; 4. your name, address, and telephone number; and 5. a statement that you consent to the jurisdiction of the Federal District Court in which you (and the address above) are located, or if your address is outside of the United States, for any judicial district in which CMC.net may be found, and that you will accept service of process from the complainant or the complainant's agent. Per Section 512(g) of the DMCA, CMC.net will not judge the rights of the parties, but will promptly provide the original complainant with a copy of the counter notice, and will inform that person that we will restore the subscriber's Internet access, replace the removed material and/or cease disabling access to it in 10 business days. If the complainant does not initiate a lawsuit and send our designated agent a notice to that effect, CMC.net will restore the subscriber's Internet access, replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days of receipt of the counter notice. Misrepresentations:Please note that Section 512(f) of the DMCA provides significant penalties for any person who knowingly makes a material misrepresentation when submitting an initial notice of claimed copyright infringement, or a counter notice. |
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