| |
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure
for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all
notifications of claimed copyright infringement on the Happy Cat Consulting,
INC. ("Happy Cat Consulting") system or Web site should be sent ONLY to
our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Happy Cat Consulting
THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT
THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL
PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS
FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S
LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G.,
REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL
ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A
RESPONSE IF SENT TO THAT CONTACT.
To report an incidence of abuse, please report it to support.
Under Title 17, United States Code, Section 512(c)(3)(A), the
Notification of Claimed Infringement must include 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, iPowerWeb 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,
iPowerWeb will terminate the alleged infringer’s Internet access.
HCC 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.
Upon receipt of notice from iPowerWeb that a claim of infringement has
been made and 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 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.
Upon receipt of a Counter Notification from the Subscriber containing
the information as outlined above, iPowerWeb will:
- Promptly provide
the Complaining Party with a copy of the Counter Notification;
- Inform the
Complaining Party that it will replace the removed material or cease
disabling access to it within ten (10) business days following
receipt of the Counter Notice;
- Replace the
removed material or cease disabling access to the material in not
less than ten (10), nor more than fourteen (14), business days
following receipt of the Counter Notice, 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.
CAUTION: 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.
To report an incidence
of abuse, please report it to support!
|