From time to time Enterhost may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.enterhost.com/legal. The AUPs are not exhaustive and Enterhost reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.enterhost.com or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Acceptable Use Policy (AUP), you agree to abide by them as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Enterhost deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ENTERHOST. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS ENTERHOST’S POLICY TO TERMINATE REPEAT INFRINGERS. ENTERHOST RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Client Security Responsibilities
The client is solely responsible for any breaches of security affecting servers under client control. If a client’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the client is responsible for the cost to rectify any damage done to the client’s server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $100 USD per hour. Enquiries regarding security matters may be directed to Support at email@example.com.
System And Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Enterhost may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
*Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
*Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
*Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
*Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Enterhost. Such labor is categorized as emergency security breach recovery and is currently charged at $100 USD per hour required. Enquiries regarding security matters may be directed to Support at firstname.lastname@example.org. Enterhost is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Enterhost urges its clients to assume that all of their online communications are insecure. Enterhost cannot take responsibility for the security of information transmitted over Enterhost’s facilities.
The client is responsible for protecting client’s password and for any authorized or unauthorized use made of client’s password. The client will not use or permit anyone to use Enterhost’s service to guess passwords or to access other systems or networks without authorization. Enterhost will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
The client is expected to be familiar with and to practice good Internet etiquette (Netiquette). The client will comply with the rules appropriate to any network to which Enterhost may provide access. The client should not post, transmit, or permit Internet access to information the client desires to keep confidential. The client is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Enterhost by offended users. Enterhost reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement – Software Piracy Policy
The Enterhost network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.
In compliance with the Digital Millenium Copyright Act (the “DMCA”), please send DMCA notifications of claimed copyright infringements to: Mr. Kevin R Valadez, Enterhost, 801 Cherry Street, Suite LLG50, Unit 3, Fort Worth, Texas 76102 or by e-mail to email@example.com.
Enterhost will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Clients have a responsibility to use the Enterhost network responsibly. This includes respecting the other clients of Enterhost. Enterhost reserves the right to suspend and or cancel service with any Client who uses the Enterhost network in such a way that adversely effects other Enterhost clients. This includes but is not limited to:
*Attacking or attempting to gain unauthorized access to servers and services that belong to Enterhost or its clients (i.e. computer hacking), and/or
·*Participating in behavior which result in reprisals that adversely effect the Enterhost network or other clients’ access to the Enterhost network.
Enterhost will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to, “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Enterhost client, whether or not the attacked account or computer belongs to Enterhost, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or client, of Enterhost is strictly prohibited.
Violations of this policy may be reported directly to the FBI’s Infrastructure Protection & Computer Intrusion Squad athttp://www.fbi.gov/programs/ipcis/ipcis.htm. Enterhost will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.
Using any Enterhost service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Enterhost services or products is prohibited. Using the Enterhost network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within Enterhost network are open to the public. You are solely responsible for your usage of the Enterhost network and servers and any statement you make on servers hosted within the Enterhost network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Enterhost will cooperate fully with any criminal investigation into a Client’s violation of the Child Protection Act of 1984 concerning child pornography. Clients are ultimately responsible for the actions of their customers over the Enterhost network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.
Commercial Advertisements with E-mail
Enterhost takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that clients of Enterhost may not use or permit others to use our network to transact in UCE. Clients of Enterhost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium.
Clients of Enterhost are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Clients are ultimately responsible for the actions of their customers over the Enterhost network, it is advisable that Clients develop a similar, or stricter, policy for their customers.
Violation of Enterhost’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Enterhost will initiate an immediate investigation (within 48 hours of notification). During the investigation, Enterhost may restrict client access to the network to prevent further violations. If a client is found to be in violation of our SPAM policy, Enterhost may, at its sole discretion, restrict, suspend or terminate client’s account. Further, Enterhost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Enterhost will notify law enforcement officials if the violation is believed to be a criminal offense.
Violation of Enterhost’s SPAM policy may be reported to firstname.lastname@example.org.
IP Address Overlap
The client cannot use IP addresses which were not assigned to them by Enterhost staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Each account offered and supported by Enterhost comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation without prior notice.
We currently do not allow IRC or IRC bots to be operated on our servers.
The client understands that the client is responsible for paying for any network resources that are used to connect the client’s server to the Internet. The client may request that the client’s server be disconnected from the Internet, but the client will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
All accounts are set up on a pre-pay basis. Setup fees are charges for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Enterhost reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a month (30 days) of the invoice due date or exceeding this time frame in any way is subject to suspension. The Client is responsible for all money owed on the account from the time it was established to the time that the Client notifies Enterhost in writing for a request for termination of services. All payment is in U.S. currency.
Enterhost reserves the right to suspend network access to any client if, in the judgment of Enterhost, the client’s server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Enterhost chooses. If inappropriate activity is detected, all accounts of the Client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client will not be credited for the time the client’s machines were suspended. The Client will be credited on a prorated basis based on the monthly fees the Client pays for the servers that are suspended for the time the Client’s machines were suspended.
Enterhost reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Enterhost if Enterhost institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the client (i.e. transfer, space etc.).
Enterhost wishes to emphasize that in agreeing to the AUP, the client indemnifies Enterhost for any violation of the AUP or its equivalent, that results in loss to Enterhost or the bringing of any claim against Enterhost by any third-party. This means that if Enterhost is sued because of a client’s or a customer of a client’s activity, the client will pay any damages awarded against Enterhost, plus costs and reasonable attorney’s fees.
Disclaimer of Responsibility
Enterhost is under no duty to look at each client’s or user’s activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Enterhost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.
All websites and dedicated servers of Enterhost must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
Customer hereby agrees to the following:
- 100% Network Uptime. Enterhost guarantees that its network will be available 100% of the time in a given month, except during maintenance periods. Network uptime includes all network services and infrastructure, but does not include services or software running on the Customer’s server. Network downtime for which Customer may receive a Service Credit (“Creditable Downtime”) exists when (i) Customer is unable to transmit and receive data, (ii) Customer sends an email to email@example.com, and (iii) Enterhost’s technical support team verifies that network downtime exists. Upon experiencing Creditable Downtime, Enterhost will credit Customer 5% of Customer’s monthly fee for the inaccessible servers for each 30 minutes of downtime, up to 100% of the monthly fee for such servers.
- Infrastructure. Enterhost guarantees that its critical infrastructure systems will be available 100% of the time in a given month, except for maintenance periods. Critical infrastructure includes power and HVAC infrastructure such as UPSs, PDUs, and cabling, but does not include the power supplies on Customer’s servers. Creditable Downtime for infrastructure failures exists when (i) Customer’s particular server is shut down due to power or heat problems, (ii) Customer sends an email to firstname.lastname@example.org, and (iii) Enterhost’s technical support team verifies that infrastructure downtime exists. Upon experiencing Creditable Downtime, Enterhost will credit Customer 5% of Customer’s monthly fee for the inaccessible servers for each 30 minutes of downtime, up to 100% of the monthly fee for such servers.
- Hardware. Enterhost guarantees that all hardware components will function and will replace any failed component at no cost to Customer. Hardware includes processor(s), RAM, hard disk(s), motherboard, NIC card, and other related hardware included in Customer’s server. The guarantee does not include the time required to rebuild a RAID array, reload certain operating systems and applications, or perform data restores and backups. Enterhost will replace Customer’s failed hardware as soon as Enterhost identifies the source of Customer’s problem and the replacement will be completed within 1 hour of the time Enterhost identifies the problem. Creditable Downtime for Customer’s hardware failures will exist when (i) Customer sends an email to email@example.com, (ii) after receiving Customer’s email, Enterhost’s technical support team identifies the source of the hardware failure, and (iii) the hardware is not replaced within 1 hour of Enterhost’s identification of the problem. Upon experiencing Creditable Downtime, Enterhost will credit Customer 5% of Customer’s monthly fee for the inaccessible servers for each 30 minutes of downtime, up to 100% of the monthly fee for such servers. For the avoidance of doubt, the calculation period for Creditable Downtime as a result of hardware failure will not begin until 1 hour after Enterhost has identified the source of the hardware problem.
- Limitations and Exclusions.
In order to be eligible for a Service Credit, Customer must send an email to firstname.lastname@example.org within 72 hours of the time the Creditable Downtime event is resolved. Failure to request a Service Credit within the specified time frame will result in an automatic waiver of any rights to a Service Credit arising from that Creditable Downtime event.
Enterhost Block List Policy
Enterhost, in response to the increasing amount of incoming spam to our network, has provisioned additional resources to reduce the amount of spam our clients receive. This new policy is designed to alleviate the ever-growing issue of incoming abusive spam attacks on our mail infrastructure.
If someone sends an e-mail message and the sender’s IP address or SMTP (mail) server is on one of these lists, then the incoming e-mail is blocked. This tool may result in the inadvertent blocking of some e-mail that is not traditional spam.
The lists which are currently in use are:
1. MAPS Realtime Blackhole List (http://mail-abuse.org/rbl)
2. MAPS Relay Spam Stopper (http://mail-abuse.org/rss)
3. MAPS Dialup User List (http://mail-abuse.org/dul)
4. MAPS Open Proxy Stopper List (http://mail-abuse.org/ops)
5. Spamhaus Block List (http://www.spamhaus.org/sbl)
6. Spamhaus Exploits Block List (http://www.spamhaus.org/xbl)
These six lists, coupled with an internal block list, will filter all inbound SMTP (e-mail) traffic. If an incoming e-mail is denied, a system message is sent back to the sender.
Enterhost subscribes to these lists to help us control the amount of spam entering our network. This is a decision which is made here at Enterhost; the list owners do not make this decision. The list does not block email – all they do is tell us which IP addresses are suspect in their mailing practices. Enterhost has the ability to make the final determination, as well as technical ability, to choose whether or not to accept e-mail from any Internet entity, including those listed in the MAPS or Spamhaus Lists.
Enterhost uses the information in these lists to block email coming from IP addresses which abuse Internet resources by sending massive quantities of unsolicited commercial or bulk email. This helps us to keep a significant amount of unwanted commercial e-mail from entering our system, and assists us in solving a problem that is negatively impacting our clients.
Enterhost also maintains an internal block list, separate from these lists. This list is used mainly in cases of denial-of-service spam attacks, as an immediate reactive measure to stop an incoming spam attack. We will work with the ISP involved to address each situation.
For those entities currently on one of the third-party lists, they must contact the third-party list directly to be removed. Many times a party can be removed from a list via telephone, or via the home pages of those lists. In most cases, a system that is on one of the lists is easily removed, following some simple steps. If you would like to know if a mail server is located on the lists that Enterhost utilizes, please see the URLs above.
Enterhost Inbound Sending Policy
• All e-mail servers connecting to Enterhost’s relay servers must have valid reverse DNS entries (i.e. all sending IP addresses must have active corresponding domain names in DNS).
• All e-mail servers connecting to Enterhost’s mail servers must be secured to prevent unauthorized use (may not be an open proxy, router, or relay).
• Connections from dynamically assigned IP addresses (dial-up accounts) will not be accepted to Enterhost’s relay servers.
• Organizations may not hardcode Enterhost’s mx records into their configuration files.
• Organizations must immediately unsubscribe any Enterhost e-mail addresses that receive a permanent failure e-mail bounce from Enterhost’s mailer-daemon.
E-mail formatting Guidelines:
• Organizations must not do anything that tries to hide or forge the sender of the e-mail and sending site of e-mail.
• Each mailing must specifically state how the Enterhost clients’ e-mail addresses were obtained (i.e. purchase from Acme tools, sign up for Travel discounts, etc.) and must state whether this is a one-time mailing or a reoccurring mailing. Additionally, such details as the date and time when the e-mail address was obtained along with the IP address must be available upon request.
• All mailing should contain simple and obvious unsubscribe mechanisms. While we recommend that this be in the form of a (working!) link to a one-click unsubscription system, a “reply to:” address may also be used. In this case we require that the address receiving those replies be valid.
• All e-mail must have valid non-electronic contact information for the sending organization in the text of each e-mail (phone number, physical mailing address, etc.). If this is not readily feasible, there must be a link in each e-mail to such information on the sending organization’s website.
Policy & Procedural Guidelines:
• All e-mail to Enterhost’s client base must be solicited (i.e. there is an existing and provable relationship between the e-mail recipient and the sender).
• If an organization generates complaints, Enterhost may implement blocks until a reconfirmation mailing is sent.
• In no way does the posting of these guidelines imply any affiliation, membership, sponsorship or endorsement of business or activities/practices of an organization by Enterhost.
• Enterhost reserves the right to discontinue delivery of e-mail from an Internet sender if Enterhost’s service is impaired or for other reasons.
Enterhost is committed to respecting and protecting the privacy of visitors to our web sites as well as the privacy of our clients.
For visitors, we’ve structured our web sites so that, in general, you can visit us on the web without identifying yourself or revealing any personal information.
For clients, once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your client relationship with Enterhost.
VISITORS TO OUR WEB SITE
What information do we collect?
When you visit our web site, our web server collects basic user information about you that includes your ISP’s domain, the time you accessed our web site, and the pages from within our web site that you visit.
Our web server does not collect your e-mail address or aggregate information on what other pages on the Web you have accessed or visited.
How do we use this information?
The basic user information collected is used to help us analyze web traffic and to improve the content of our web site. Cookies may be used to facilitate your client interaction with us. For example, we may use a cookie on the landing page of products sold online which record the customer information that is required on the order form, and then forward this information to our internal sales tracking database.
Note that our site provides links to products and services offered by other companies; the company’s web site that you link to will be able to determine that you linked from our web site.
What information do we collect?
When you sign up for Enterhost’s services, you provide us with both contact and payment information. Contact information typically includes your name, address, email, and phone number. Payment information typically includes your credit card number.
While you are an Enterhost client, we manage information with regard to your account status, choice of services, and customer logs. In addition, we may store client’s electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
How do we use this information?
We use the contact information you provide us to establish our service for you. We use payment information for payment processing purposes only. We create and maintain other information such as customer account status, choice of services, and customer logs in the normal course of providing service.
Enterhost may share customer information with selected partners/third parties, for example, to provide you with information about products which might be of interest to you or to enable you to take advantage of special partner programs. Enterhost may also use customer information to provide customers with system information or information about new or upgraded products.
We will not otherwise disclose customer personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Enterhost, our customers, or others, or where Enterhost has a good faith belief that the law requires such disclosure.
Enterhost also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Enterhost stores or transmits for its customers. The circumstances under which Enterhost will disclose such electronic customer communications are when:
1. It is necessary in order to provide service to the customer;
2. It is necessary to protect the legitimate interests of Enterhost and its customers;
3. It is required to cooperate with interception orders, warrants, or other legal process that Enterhost determines in its sole discretion to be valid and enforceable; and
4. It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Enterhost and appear to pertain to the commission of a crime.
Enterhost disclaims any intention to censor, edit, or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by clients or others. Enterhost will, however, review, delete, or block access to communications that may harm Enterhost, its clients or third parties. The grounds on which Enterhost may take such action include, but are not limited to, actual or potential violations of Enterhost’s Acceptable Use Policy.
Clients may opt out of receiving newsletters and/or notices of new or upgraded products from Enterhost by sending a request to email@example.com. In this request, customers must identify their domain name and contact information.
Please note, however, that Enterhost reserves the right to send bulletins and other important information regarding our services at our discretion.
Procedure for Making Claims of Copyright Infringement for Purposes of
Title 17, Section 512, of The United States Code
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:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
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.