|
coolbluenet complies with all
applicable US Copyright Laws regarding the
intellectual property of others (for US
hosted sites ONLY). In compliance with the
Digital Millennium Copyright Act (DMCA) our
authorized copyright agent will accept and
review all claims submitted to coolbluenet
under this act. The following procedures
will be followed:
1.) coolbluenet’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: |
|
|
(i) |
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.] |
|
|
(ii) |
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. |
|
|
(iii) |
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. |
|
|
(iv) |
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. |
|
|
(v) |
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. |
|
|
(vi) |
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 |
2.) 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.
3.) 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, coolbluenet ’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.
4.) 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 coolbluenet’s
activities as little as possible in
effecting immediate compliance.
5.) 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: |
|
|
(i) |
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.] |
|
|
(ii) |
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.] |
|
|
(iii) |
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.] |
|
|
(iv) |
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. |
|
|
(v) |
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. |
6.) coolbluenet’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.
7.) All questions
regarding this policy should be directed to
coolbluenet’s Registered Agent.
coolbluenet’s Registered
Agent Contact information:
coolbluenet Abuse
Department
Email: abuse@coolbluenet.com
coolbluenet 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. |
Legal
Information
Acceptable
Use Policy
