Digital Millennium Copyright Act
Blastcomm is committed to
complying with U.S. copyright law and expects all end users who access some of
our Services but do not have accounts ("Visitors") as well as those
who pay a monthly service fee to subscribe to the Services
("Members") to do the same. The Digital Millennium Copyright Act of
1998 ("DMCA") provides recourse for owners of copyrighted material
who believe that their rights under U.S. copyright law have been infringed on
the Internet. Under the DMCA, copyright owners may contact the authorized agent
of an Internet service provider to report alleged infringements of their
protected works appearing on Web pages hosted by the service provider. Upon
receipt of a properly filed complaint satisfying the requirements of the DMCA,
Blastcomm will remove or block access to the allegedly infringing material. If
a Member or user of the Blastcomm Service believes in good faith that a notice
of copyright infringement has been wrongly filed, such person may submit a counter-notice
to Blastcomm. Blastcomm will not be a party to disputes over alleged copyright
infringement.
This information should not be
construed as legal advice to our Members or Visitors. If you believe that your copyrights have been infringed, or if a
notice of copyright infringement has been filed against you, we advise that you
seek legal counsel. We are providing
the following information to you for informational purposes only.
If you believe that a Web page
hosted by Blastcomm is violating your rights under U.S. copyright law, you may
file a complaint of such claimed infringement with Blastcomm's designated agent
in the manner described below.
Blastcomm only accepts infringement notifications via regular mail, we
do not accept notifications via phone or email.
|
By Mail: |
General Counsel |
|
By telephone: |
(630) 375-9600 |
For your complaint to be valid
under the DMCA, you must provide the following information when providing
notice of the claimed copyright infringement:
|
a. |
A physical or electronic
signature of a person authorized to act on behalf of the copyright owner |
|
b. |
Identification of the
copyrighted work claimed to have been infringed |
|
c. |
Identification of the material
that is claimed to be infringing or to be the subject of the infringing
activity and that is to be removed or access to which is to be disabled as
well as information reasonably sufficient to permit Blastcomm to locate the
material |
|
d. |
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 |
|
e. |
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
law |
|
f. |
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 |
(For more details on the
information required for valid notification, see 17 U.S.C. 512(c)(3).)
You should be aware that, under
the DCMA, claimants who make misrepresentations concerning copyright
infringement may be liable for damages incurred as a result of the removal or
blocking of the material, court costs, and attorneys fees.
If a notice of copyright
infringement has been filed against you, you may file a counter-notification
with Blastcomm's designated agent at the address listed above. Such
counter-notification must contain the following information:
|
a. |
physical or electronic signature |
|
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 Member has a good faith belief that the material was removed
or disabled as a result of mistake or misidentification |
|
d. |
Your name, address, and
telephone number, and a statement that you consent to the jurisdiction of the
federal district court for the federal district in which you are located, and
that you will accept service of process from the complainant |
If Blastcomm receives a valid
counter-notification, the DMCA provides that the removed material will be
restored, or access re-enabled.
Please be advised that U.S.
copyright law provides substantial penalties for a false counter-notice filed
in response to a notice of copyright infringement.
Ver. 01/01/2003