Legal
Copyright Notifications
Procedure for Making Claims of Copyright Infringement for Purposes of
Title 17, Section 512, of The United States Code
Service Provider:
Enterhost
Name of Agent Designated to Receive Notifications of Claimed Infringement:
Kevin R Valadez
Full Address of Designated Agent to Which Notification Should be Sent:
801 Cherry Street
Suite LLG50, Unit 3
Fort Worth, TX 76102
Telephone Number of Designated Agent:
(817) 204-0500
Facsimile Number of Designated Agent:
(817) 204-0505
Email Address of Designated Agent:
copyright@enterhost.com
To be effective, a Notification of Claimed Infringement must meet the following
requirements:
• It must be a written communication;
• It must be sent to the designated agent identified above;
• It must include the following:
1. A physical or electronic signature of a person ("Complaining Party")
authorized to act on behalf of the owner of an exclusive right that is claimed to
be infringed;
2. 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;
3. 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;
4. 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;
5. 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; and
6. 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 a Complaining Party provides a Notification of Claimed Infringement in compliance
with the above rules, the Service Provider will do the following:
• Expeditiously remove or disable access to the material that is claimed to be infringing;
and
• Take reasonable steps to notify the alleged infringer ("Subscriber")
of the infringement claim(s) and that the material claimed to be infringing has
been removed or that access to the material has be disabled;
Upon receipt of notice from the Service Provider 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:
1. A physical or electronic signature of the Subscriber;
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 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;
4. 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, the Service Provider 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.
Attention: Pursuant to Title 17, Section 512(f) of the United States
Code, 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