Digital Millennium
Copyright Act (DMCA) policy
The Digital
Millennium Copyright Act of 1998 is an amendment to
The text of the
DMCA can be viewed at http://lcweb.loc.gov/copyright/title17/.
The relevant section of the DMCA is "TITLE II--ONLINE COPYRIGHT
INFRINGEMENT LIABILITY LIMITATION," Especially all of section 512.
Under the
provisions of the DMCA Humboldt Internet, Inc., as a Service Provider, must do certain
things:
1. Policy for handling
claims of infringement
Any original
material created by an individual or group is protected by copyright or
intellectual property rights under
Just as your
original material is protected from unauthorized use by others, their material
is their property and you may not use it without permission. Doing so may
invite lawsuits claiming infringement. This includes written works, email,
images, sounds, etc., whether online or on paper.
As an Internet
Service Provider and under the provisions of the DMCA Humboldt Internet, Inc. may be
obligated to take down materials that our users have posted if a claim of
infringement is received. This process includes a counter-claim process.
2. How to report a claim
of infringement
Section 512
(c)(3)(A) of the Digital Millennium Copyright Act requires that a claim of
copyright infringement must be sent to our designated agent. The claim must provide certain information (detailed
below) in order for it to be considered a valid claim.
DMCA Section 512 (c)(3)(A)
Elements of
Notification.
(A) To be
effective under this subsection, a notification of claimed infringement must be
a written communication provided to the designated agent of a service provider that includes substantially the
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.
(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.
(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.
When filing an
infringement claim, please include any urls identifying the material and, if
possible, the dates and times the material was observed. Email, fax or
postal-mail all of the above information to our Designated Agent.
Upon receipt of
a valid claim, i.e., a claim in which the requested information is
substantially provided, Humboldt Internet, Inc. will undertake to have the disputed
material removed from public view until a counter-claim is filed or until a
court ruling determining the disposition of the disputed material is received.
Under the provisions of the DMCA Humboldt Internet, Inc., as an Internet Service
Provider, has no other role to play either in prosecuting or defending a claim
of infringement, and cannot be held accountable in any case for damages
regardless of whether a claim of infringement is found to be true or false.
Section (512)
(f) of the DMCA defines penalties for intentional misrepresentation of a claim.
3. How to make a
counter-claim
If you are a
Humboldt Internet, Inc. customer and you feel that material that you have placed online
that has been removed following an infringement complaint is in fact NOT an
infringement, you may file a counter-claim. Section 512 (g)(3) of the Digital
Millennium Copyright Act requires that any counter-claim to a claim of
copyright infringement must be sent to our designated agent. The counter-claimant must provide certain information
(detailed below) in order for the counter-claim to be considered valid.
Section 512(g)(3)
(3) Contents
of Counter Notification.-To be effective under this subsection, a counter
notification must be a written communication provided to the service provider's
designated agent that includes substantially the following:
(A) A physical
or electronic signature of the subscriber.
(B)
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.
(C) 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.
(D) 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.
When identifying
the material in dispute please state as accurately as possible what location
the material was removed from and to where it should be returned.
The
counter-claim will be presented to the filer of the infringement complaint by
the Humboldt Internet, Inc. Designated
Agent. Once the
counter-claim has been delivered, Humboldt Internet, Inc. is allowed under the
provisions of the DMCA to restore the removed content in not less than ten or
more than fourteen days, unless the complaining party serves notice of intent
to obtain a court order restraining the restoration of content pending legal
proceedings.
|
Internet
Service Provider: |
Humboldt
Internet, Inc. |
|
Address
of Internet Service Provider: |
Arcata, Ca
95518 |
|
Designated
Agent: |
Pam Olson |
|
Designated
Agent full address: |
Arcata, Ca
95518 |
|
Designated
Agent phone numbers:
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(707) 825-4638
Voice |
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Designated
Agent email address:
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