CALTEL POLICIES FOR CONSIDERING TRADEMARK AND/OR COPYRIGHT INFRINGEMENT CLAIMS MADE TO CALAVERAS INTERNET COMPANY.
I. Copyright Claims. Caltel Internet (hereinafter "CIC") will request the Complaining Party
to substantiate a copyright claim by providing CIC with the following information in writing to:
PO Box 37
Name and address of Agent Designated to Receive Notification of Claimed Infringement:
P.O. Box 37
Copperopolis, CA 95228
|Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
E-mail Address of Designated Agent:
To be effective, a notification of a claimed copyright or Trademark infringement must be provided in writing to CIC's above-listed Designated Agent and must include the following information:
- A physical or electronic signature of the owner of or a person authorized to act on behalf of the owner of an exclusive copyright 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 CIC to locate the material.
- Information reasonably sufficient to permit CIC 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner of or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
II. For Infringement Claims, upon receipt of appropriate written notification from the Complaining Party, pursuant to Section I above, CIC will remove or disable access to the material that is claimed to be infringing.
III. Upon receipt of appropriate written notification from the Complaining Party, CIC will initiate an investigation. While CIC is investigating the claim, CIC, at its sole discretion and without any legal obligation to do so, may notify the posting party that it will suspend the posting party's Internet Service account and/or if it is solely stored on an CIC server, temporarily remove or deny access to the challenged material.
IV. If the Complaining Party provides CIC with appropriate written notification, pursuant to Section I above, including information reasonably sufficient to permit CIC to locate and remove or disable the material in question or including information concerning repeat infringement, then CIC will forward the Complaining Party's written notification to such alleged infringer (hereinafter "Subscriber") and shall take reasonable steps promptly to notify the Subscriber that it has removed or disabled access to the material.
V. Counter Notification. A Subscriber may provide Counter Notification by providing a written communication to CIC's Designated Agent identified in Section I above 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 the 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 CIC may be found, and that the Subscriber will accept service of process from the Complaining Party or an agent of such Party.
VI. Upon receipt of a Counter Notification described in Section V, CIC shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in 10 business days. CIC will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless CIC's Designated Agent first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on CIC's system or network.
VII. If CIC concludes that the Complaining Party has raised a legitimate Copyright or Trademark infringement Claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's account.
VIII. For first time infringement Claims, upon receipt of appropriate written notification from the subscriber, that the material has been removed or has disabled access to material, CIC may, at its sole discretion and without any legal obligation to do so, reinstate Internet access.
IX. Notification to subscribers and account holders. Upon receipt of a second complaint for a subscriber in regards to infringement of copyrighted works, trademarks or any other intellectual property, it is CIC's policy to provide for the termination of the subscribers account.
XI. NO Warranty:
- You understand and agree that temporary Service interruptions may occur as normal events in the provision of the Service. You further understand that CalTel has no control over third- party networks you may access while using the Service, and therefore, delays and disruption of other network transmissions are completely outside of CalTel's control.
- You assume total responsibility and risk for your use of the software, service and internet. All materials, information, software, products, and services included in or available through CalTel are "as is" and "As Available" for your personal use, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchandisability, fitness for a particular purpose, non infringement, or arising from course of dealing or course of performance.
- CalTel, its affiliates, and Third-parties who contribute to the Service do not warrant that the software and service reliable or free of viruses or other harmful components; that the Services will be available at any particular time or location; or that any defects or errors will be corrected.
- CalTel makes no warranty as to the accuracy or reliability of any information obtained through the Service. You understand and agree that any material and/or data downloaded, or otherwise obtained. Through the use of the Service is done at your own risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
- CalTel does not endorse, warrant, or guarantee any product or service, and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.