Bit Weld Copyright Policy
Digital Millennium Copyright Act
It is our policy to respond to clear notices of alleged copyright infringement.
This page describes the information that should be present in these notices.
It is designed to make submitting notices of alleged infringement to Bit Weld
as straightforward as possible while reducing the number of notices that we
receive that are fraudulent or difficult to understand or verify. The form of
notice specified below is consistent with the form suggested by the United
States Digital Millennium Copyright Act (the text of which can be found at the
U.S. Copyright Office Web Site,
http://www.copyright.gov/)
but we will respond to notices of this form from other jurisdictions as well.
Regardless of whether we may be liable for such infringement under United
States law or local country law, our response to these notices may include
removing or disabling access to material claimed to be the subject of
infringing activity and/or terminating our Services. If we remove or disable
access in response to such a notice, we will make a good-faith attempt to
contact the owner or administrator of the affected Content so that they may
make a counter notification. We may also document notices of alleged
infringement on which we act.
Infringement Notification
To file a notice of infringement with us, you must provide a written
communication (by fax or regular mail -- not by email, except by prior
agreement) that sets forth the items specified below. Please note that you will
be liable for damages (including costs and attorneys' fees) if you materially
misrepresent that a product or activity is infringing your copyrights. Indeed,
in a recent case (please see
http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/
for more information), a company that sent an infringement notification seeking
removal of online materials that were protected by the fair use doctrine was
ordered to pay such costs and attorneys fees. The company agreed to pay over
$100,000. Accordingly, if you are not sure whether material available online
infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format
(including section numbers):
1 - Identify in sufficient detail the copyrighted work that you believe has
been infringed upon (for example, "The copyrighted work at issue is the text
that appears in ___" (identify where data is filed)) or other information
sufficient to specify the copyrighted work being infringed (for example,
"The copyrighted work at issue is___" (book title, author, publisher, ISBN
number).
2 - Identify the material that you claim is infringing the copyrighted work
listed in item 1. above. This requires you to provide (a) the message or
information that was given to you to access the material on our Services and
(b) the Service’s identity information supplied to access this information.
3 - Provide information reasonably sufficient to permit Bit Weld to contact you
(email address is preferred).
4 - Provide information, if possible, sufficient to permit Bit Weld to notify
the owner/administrator of the allegedly infringing Content (email address is
preferred).
5 - Include the following statement: "I have a good faith belief that use of
the copyrighted materials described above as allegedly infringing is not
authorized by the copyright owner, its agent, or the law."
6 - Include the following statement: "I swear, under penalty of perjury, that
the information in the notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed."
7 - Sign the paper.
8 - Send the written communication to the following address:
Bit Weld, Inc.
Attn: Legal Department
5339 Setters Way, Suite 102
Colorado Springs, CO 80919
A link to your legal notice will be displayed in Bit Weld's Services in place
of the removed Content.
Counter Notification
The administrator of an affected site or the provider of affected Content may
make a counter notification pursuant to sections 512(g)(2) and (3) of the
Digital Millennium Copyright Act. When we receive a counter notification, we
may reinstate the material in question.
To file a counter notification with us, you must provide a written
communication (by fax or regular mail -- not by email, except by prior
agreement) that sets forth the items specified below. Please note that you
will be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that the subject Content is not infringing the
copyrights of others. Accordingly, if you are not sure whether certain
material infringes the copyrights of others, we suggest that you first
contact an attorney. A sample counter notification may be found at
http://www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the
following format (including section numbers):
1 - Identify the specific unique identifying information of material that
Bit Weld has removed or to which Bit Weld has disabled access.
2 - Provide your name, address, telephone number, email address, and a statement
that you consent to the jurisdiction of Federal District Court for the El Paso
County, Colorado, and that you will accept service of process from the person
who provided notification under subsection 512(c)(1)(C) or an agent of such person.
3 - Include the following statement: "I swear, under penalty of perjury, that
I have a good faith belief that the Content identified above was removed or
disabled as a result of a mistake or misidentification of the material to be
removed or disabled, or that the material identified by the complainant has
been removed and will no longer be submitted to this Service."
4 - Sign the paper.
5 - Send the written communication to the following address:
Bit Weld, Inc.
Attn: Legal Department
5339 Setters Way, Suite 102
Colorado Springs, CO 80919
Account Termination
Bit Weld will, in appropriate circumstances, terminate repeat infringers. If
you believe that an Account holder is a repeat infringer, please follow the
instructions above to contact Bit Weld and provide information sufficient
for us to verify that the Account holder is a repeat infringer.
May 15, 2008
