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Digital Millennium Copyright Act
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section
512(c)(2), all notifications of claimed copyright infringement on the Braveheart Technologies Corporation's ("BTC")
system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING BTC THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE
MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE
INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY
COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A
RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO
CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO
THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT
CONTACT.
Written notification must be submitted to the following Designated Agent:
Braveheart Technologies
Corporation
28975 Oxford Road
Louisburg, KS 66053
legal@btcorp.net
Under Title 17, United
States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must
include the following:
- Physical or electronic signature of a
person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work
claimed to have been infringed or a representative list if multiple works
are involved.
- Identification of the material that is
claimed to be infringing that should be removed or access to disabled and
information reasonably sufficient to enable the online service provider to
locate the material (usually a URL to the relevant page).
- Information reasonably sufficient to allow
the online service provider to contact the complaining party (address, phone
number, e-mail address).
- 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."
- Statement that the information in the
notice is accurate, and under penalty of perjury, that the complaining party
is authorized to act on behalf of the copyright owner.
- Upon receipt of notification of a claimed
infringement, BTC will respond expeditiously to remove, or disable access
to, the material that is claimed to be infringing or to be the subject of
infringing activity, regardless of whether the material or activity is
ultimately determined to be infringing; if selective action is not possible,
BTC will terminate the alleged infringer's Internet access.
BTC will also take reasonable steps to promptly
notify the alleged infringer in writing of the claim against him or her, and
that it has removed or disabled access to the material or terminated Internet
access (see Sections 512(c)(1)(C) and (g) of the DMCA).
Upon receipt of notice from BTC 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:
- 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 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, BTC 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.
CAUTION: 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.
Revised: June 17, 2006
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