PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE
SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE
BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE,
REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH
THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Online Target Marketing Corporation
Name of Agent Designated to Receive
Notification of Claimed Infringement: Marcel Rivera-Baillargeon
Full Address of Designated Agent to
Which Notification Should be Sent: 719 Gayley Walk, #106, Goleta, CA 93117
Telephone Number of Designated Agent: (805) 698-6071
Facsimile Number of Designated Agent: (805) 971-5810
Email Address of Designated Agent: marcel@onlinetargetmarketing.com
To be effective, the Notification must include the following:
- A physical
or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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
- 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.
Upon receipt of the written Notification containing the information as outlined
in 1 through 6 above:
- Service Provider shall remove or disable access to the material that is
alleged to be infringing;
- Service Provider shall forward the written notification
to such alleged infringer ("Subscriber");
- Service Provider shall
take reasonable steps to promptly notify the Subscriber that it has removed
or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication provided
to the Service Provider's Designated Agent that includes substantially the
following:
- A physical or electronic signature of the Subscriber;
- 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;
- 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;
- 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 or an agent
of such
person
Upon receipt of a Counter Notification containing the information
as outlined in 1 through 4 above:
- Service Provider shall promptly
provide the Complaining Party with a copy of the Counter Notification;
- Service
Provider shall inform the Complaining Party that it will replace the
removed material or cease disabling access to
it within
ten (10)
business days;
- Service Provider shall replace the removed
material or cease disabling access to the material within ten (10) to
fourteen (14) business
days following receipt
of the Counter Notification, 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.