Unauthorized distribution of copyrighted material
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
up.net does not condone the illegal distribution of copyrighted materials. Such material includes, but is not limited to, music, songs, movies, software, and art.
Pursuant to 37 C.F.R. §201.38 and §512 of the Digital Millennium Copyright Act, 17 U.S.C. §512(c), you may notify up.net of an infringing work by submitting the following information in writing to our designated agent:
Up.Net Designated Copyright Agent
Baraga Telephone Company
204 State St.
Baraga, Mi 49908
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2) Identification of the copyrighted work(s) claimed to have been infringed.
3) 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 up.net to locate the material.
4) Information reasonably sufficient to permit up.net to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted.
5) A statement that you have 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.
6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA COUNTER-NOTIFICATION PROCEDURE (FOR COPYRIGHTED WORKS ONLY)
After up.net removes or disables a file because it contains material that constitutes copyright infringement, the customer may provide a statutory counter-notification to up.net pursuant to the DCMA and request that the file be restored. Your counter-notification must be in writing and can be sent to up.net’s designated agent. The counter-notification must contain the following information:
1) Your physical or electronic signature
2) A description of the item that was removed
3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the item to be removed or disabled
4) Your name, address and telephone number
5) A statement that you consent to the jurisdiction of the federal district court where your address is located, and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
You may be found liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity does not infringe the copyrights of others. If you are unsure whether certain material may infringe another’s copyright or other intellectual property or legal rights, you should consult an attorney.
up.net reserves the right, in its sole discretion, to temporarily or permanently disable the account of any customer who is the subject of continuous take down requests under this policy.