NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE
SERVICE PROVIDERS TO ENERGY DESIGN RESOURCES 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): GeoPraxis Inc.
Name of Agent Designated to Receive Notification of
Claimed Infringement: T. Conlon
Full Address of Designated Agent to Which Notification
Should be Sent:
PO Box 5, Sonoma, CA 95476-0005
Telephone Number of Designated Agent:
(707) 933-8805
Facsimile Number of Designated Agent:
(707) 933-8477
Email Address of Designated Agent: Designated Agent
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.
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