NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT
This information should not be construed as legal advice to our
Members or Visitors. If you believe that your copyrights have been
infringed, or if a notice of copyright infringement has been filed
against you, we advise that you seek legal counsel. We are providing the
following information to you for informational purposes only.
DMCA VIOLATION NOTIFICATION
If you believe that a Web page hosted by Pure Energy Systems is
violating your rights under U.S. copyright law, you may file a complaint
of such claimed infringement with Pure Energy Systems' designated agent
in the manner described below.
email : support@purenrg.com
To be effective, the Notification must comply with 17 U.S.C.
§512(c)(3)(A) and 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.
You should be aware that, under the DCMA, claimants who make
misrepresentations concerning copyright infringement may be liable for
damages incurred as a result of the removal or blocking of the material,
court costs, and attorneys fees.
Upon receipt of the written Notification containing the information
as outlined in 1 through 6 above the Service Provider, pursuant to 17
U.S.C. §512(g)(2)(A), shall:
- Remove or disable access to the material that is alleged to be
infringing;
- Forward the written notification to such alleged infringer
("Subscriber"), if not already done so by the Complaining Party;
- Take reasonable steps to promptly notify the Subscriber that it
has removed or disabled access to the material.
DMCA COUNTER NOTIFICATION
If a notice of copyright infringement has been filed against you, you
may file a counter notification with Pure Energy Systems' designated
agent at the address listed above. Such counter notification must
contain the following information:
To be effective, a Counter Notification must comply with 17 U.S.C.
§512(g)(3) and 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 the written Counter Notification containing the
information as outlined in 1 through 4 above the Service Provider,
pursuant to 17 U.S.C. §512(g)(2)(B) & (C), shall:
- 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) to fourteen
(14) business days;
- 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.
Please be advised that U.S. copyright law provides substantial
penalties for a false counter notice filed in response to a notice of
copyright infringement.
TERMINATION POLICY
Pure Energy Systems prohibits the following activities on any
websites hosted by Pure Energy Systems:
- The use of copyrighted, trademarked, patented or service-marked
material without the express permission of the author or owner;
- The commission of any acts of copyright, trademark, patent, trade
secret or other intellectual property infringement; and
- Contributing to, inducing, or facilitating such infringement.
If any Pure Energy Systems client or subscriber is associated with
any of such activities, Pure Energy Systems reserves the right to:
- Terminate any client or subscriber;
- Cancel, remove, and/or disable access to such infringing or
violating content; and/or
- Remove or disable access to any Subscriber Web Page with or
without prior notice, in Pure Energy Systems sole discretion.
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