POLICIES UNDER

THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998

(DMCA)

Introduction

Title II of the Digital Millennium Copyright Act ("DMCA") of 1998 limits the liability of online service providers, such as HUNTEL, for certain copyright infringement liability, if various procedures are followed. The policies contained in this memorandum are intended to take advantage of the liability protections in the DMCA. 

HUNTEL respects the rights of holders of copyrights, their agents and representatives and will implement appropriate policies and procedures to support these rights without infringing on the legal use of those materials. Legal use can include, but is not limited to, ownership, license or permission, and fair use under the Federal Copyright Act.

Employees, subscribers, students and authorized users of HUNTEL need to be aware of the rights of copyright owners. Information on copyright law and these rights can be found in a number of places, but general information particularly can be found by going to the following site:

http://www.copyright.gov

These policies will be posted on the HunTel.net Web site. 

Designated Agent

The Interim Designated Agent to receive notices of claimed copyright infringement for HUNTEL can be contacted as follows:

Mike Storjohann

Repeat Offender Termination Policy

1.                  Subscribers or authorized users of HunTel who use HunTel to create a web page, post to any Web site, submit any material to HunTel, transmit any data through HunTel, store any material on HunTel’s servers, or otherwise make information available through HunTel’s servers (such information is collectively referred to herein as “Material”, and such a user is referred to herein as “User”) must adhere to the following copyright polices, and use of HunTel  constitutes acceptance of the following terms and conditions:

a.                  Users assume full responsibility for the content of all Material.

b.                  Users represent to HunTel that nothing in any Materials infringes the copyrights of others, and that all web links to other servers have been approved by the person or entity responsible for the target of the link. 

c.                  Users may not copy any other page, image, or content without prior consent from the owner of such content.

2.                  In the event of a violation of any of these conditions, HunTel will follow the following procedures:

a.                  If the Designated Agent receives a legitimate and documented complaint about content in a User’s Materials, the Materials will be removed or public access to the Materials will be disabled according to the Notice and Take Down Policy, set forth below.

b.                  Designated Agent will notify the User of HunTel’s action within five (5) business days of receipt of the complaint.

c.                  User then may file a “counter notice” within five (5) business days to the Designated Agent attesting to User’s lawful use of the Materials.  User must follow the procedures set forth in the Notice and Put Back Policy.

d.                  Designated Agent will then notify the claimed copyright owner of User’s “counter-notice.”

e.                  Pursuant to the Notice and Put Back Policy, Designated Agent will restore the Materials or reestablish public access to the Materials within ten (10) business days, unless the matter has been referred to a court.

f.                    If User fails to file a “counter notice” and continues to use Materials in violation of United States Copyright Law, after having been previously notified of such infringement, User’s account will be canceled and its money will not be refunded.

g.                  User may, at HunTel’s discretion, be granted a new account after two (2) years’ time, subject to compliance with the same above conditions.

Notice and Take Down Policy

If a content owner believes that Materials available through HunTel are in violation of its copyright(s) and the owner notifies HunTel following the procedures outlined below, HunTel will remove the Materials or disable public access to the site or Materials.

This policy and related policies will be made available on HunTel’s Web sites.  The Web sites will contain an e-mail link for direct contact to HunTel’s Designated Agent.

Notice and Take Down Procedures

1.                  A content owner claiming copyright infringement must notify the Designated Agent of HunTel in writing (via email, fax or through the United States Postal Service).  Such notice must include the following information and meet the following conditions:

a.                  The notice must contain a written or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b.                  The notice must identify the copyrighted work allegedly infringed, (or, if the notice covers multiple copyrighted works at a single online site, it must contain a representative list of works at that site).

c.                  The notice must identify the material that is claimed to be infringing and that is to be removed or access to which is to be disabled (with information reasonably sufficient to permit HunTel to locate the material).

d.                  The notice must contain information reasonably sufficient to permit HunTel to contact the complaining party, such as an address, telephone number,   and, if available, an Email address where the complaining party may be contacted.

e.                   The notice must contain a statement that the complaining party has a good faith belief that use of the material alleged to be infringing is not authorized by the copyright owner, its agent, or by law.

f.                    The notice must contain a statement that the information in the notification is accurate.

g.                  The notice must contain a statement, 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.                  Parties making any misrepresentation(s) of material facts will be liable for damages and attorney fees.

3.                  Upon verification of the above notification, the Designated Agent will then proceed with the following steps:

a.                  The Designated Agent will promptly remove the designated Materials or disable the link to them. 

b.                  The Designated Agent will take reasonable steps to notify the User responsible for the allegedly infringing materials in writing of the claimed infringement within five (5) business days after removal of or disabling access to such materials in response to receipt of such notification.

Notice and Put Back Policy

If User believes that the Materials available through HunTel have not misused copyrighted material and notifies HunTel following the procedures outlined below, HunTel will restore the Materials or re-enable public access to the site or Materials.

This policy and related policies will be made available on HUNTELS’s Web sites.  The Web sites will contain an e-mail link for direct contact to HUNTEL’s Designated Agent.

Notice and Put Back (“Counter Notice”) Procedures

1.                  A User must notify HunTel, through its Designated Agent, of User’s lawful use of the Materials.  Such notice must be in writing (via email, fax or through the United States Postal Service), and must include the following information:

a.                  The counter-notice must contain a physical or electronic signature of the User.

b.                  It must identify the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

c.                  It must contain a statement under penalty of perjury that the User 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.                  It must contain the User’s name, address and telephone number.

e.                  It must contain a statement that the User submits to the jurisdiction of the federal district court in HunTel, as appropriate for the User’s address. 

f.                    It must contain a statement that the User will accept service of process from the person who provided the initial notification or an agent of such person.

2.                  Parties making any misrepresentation(s) of material facts will be liable for damages and attorney fees.

3.                  Upon verification of the above counter notice, the Designated Agent will then proceed with the following steps:

a.                  The Designated Agent will provide a copy of the counter notice to the person who provided the initial notification within five (5) business days of the receipt of the counter notice, with a reminder of the next step. 

b.                  The Designated Agent will restore the Materials or reestablish access to them within ten (10) to fourteen (14) business days, unless the Designated Agent first receives notice from the person who provided the initial notification that they have filed a court action described in the next step.

c.                   The individual who sent the original notification may, during this time period, inform the Designated Agent that it has filed an action seeking a court order to restrain the User from engaging in the infringing activity.  If Designated Agent receives such a notice, _________________________ will not restore or reestablish access to the Materials, pending resolution of the court case.

Standard Technical Measures

HunTel reserves the right to accommodate and not interfere with “standard technical measures” used by copyright owners to identify or protect copyrighted works, as defined in the DMCA.

Further Rights

For a complete description of the rights under the DMCA and the procedure that HunTel will follow, we refer the reader to the full text of the DMCA.  Nothing in these policies is intended to supplant the requirements and procedures contained in the DMCA.  If there is conflict between these policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.

Copyright Office Home Page http://www.copyright.gov

Summary of Digital Millennium Act From the Copyright Office: http://www.loc.gov/copyright/legislation/dmca.pdf

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