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Domain Name Dispute & Copyright Claim Policy
Braveheart Technologies Corporation ("BTC")
supports the protection of intellectual property. Therefore, we have established
the following policies regarding copyright infringement claims.
Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP")
if you have a concern or dispute concerning a domain name. The UDRP covers
domain names disputes; this Policy specifically excludes domain name disputes.
Please see
http://www.icann.org/udrp/udrp.htm.
Copyright Infringement Claims
- To notify BTC that there has been a
copyright or trademark violation, please follow the specific instructions
below for filing a copyright complaint.
- If you are responding to a complaint of
infringement, you will need to follow our Counter Notification policy below.
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 ("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 ALL of the following:
- Physical or electronic signature
of a person authorized to act on behalf of the copyright owner (i.e.,
merging a scanned handwritten signature into the electronic text or using
public-key encryption technology).
- 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).
COUNTER NOTIFICATION
Upon receipt of notice from BTC that a claim of
infringement has been made and/or 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 ALL of 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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