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XILO complies with all applicable US
Copyright Laws regarding the intellectual property of others (for
US hosted sites ONLY). In compliance with the Digital Millennium
Copyright Act (DMCA) our authorized copyright agent will accept
and review all claims submitted to XILO under this act. The following
procedures will be followed:
1.) XILO’s registered DMCA Agent shall receive all claims of infringement.
The law requires such claims to contain certain information including
location of infringement materials. DMCA Section 512(c)(3)(A)
requires the following of notices alleging copyright infringement:
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ELEMENTS OF NOTIFICATION.
To be effective under this subsection, a notification of claimed
infringement must be a following: |
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(i) |
A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. |
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[As an electronic signature, our agent accepts
facsimile/fax and digitized image of your signature attached
to electronic mail.] |
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(ii) |
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. |
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(iii) |
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. |
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[Please include a URL such as http://.../.../...
or ftp://.../.../... identifying the material or representative
material. If possible, specify any IDs, passwords, or other
authorization required to access the material. Please specify
date, time, and time zone from which the material was observed.
Technicians may require time information in order to identify
dynamically assigned internet locations. |
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(iv) |
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. |
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(v) |
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. |
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(vi) |
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 |
2.) The DMCA agent shall promptly acknowledge receipt of
each infringement claim. If the claim fails to substantially comply
in supplying information, the registered agent shall promptly attempt
to contact the person making the notification or take other reasonable
steps to assist in the receipt of notification that substantially
complies.
3.) The registered DMCA agent shall coordinate activities,
keep records required to track repeat offenses, and assure proper
adjudication of all incidents. The DMCA agent and those acting for
and in conjunction with the DMCA agent shall:
- Protect rights of intellectual property owners as defined
by law, XILO ’s Authorized Use Policy, and accepted standards
of academic behavior;
- Protect rights and due process of those accused of infringement
- particularly if Fair Use protection may apply.
4.) Upon receipt of a complete claim of infringement, the registered
agent shall direct prompt removal of material or removal of all
local or wide-area network access to the material claimed to be
infringing. This will be accomplished within 14 days of receipt
of a valid notification. The Registered Agent shall take steps
to ensure this take-down will impact essential XILO’s activities
as little as possible in effecting immediate compliance.
5.) The Registered Agent shall arrange prompt restoration
of the material, upon proper compliance with the terms of DMCA regarding
“Put Back” procedures. Upon valid “Put Back” notification,
the Registered agent shall direct prompt restoration within 14 days.
The law requires such claims to contain certain information including
location of infringement materials:
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ELEMENTS OF COUNTER NOTIFICATION.
To be effective under this subsection, a counter notification
must be a written communication provided to the service provider's
Registered Agent that includes substantially the following: |
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(i) |
A physical or electronic signature
of the subscriber. |
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[As an electronic signature, our agent accepts
facsimile/fax and digitized image of signature attached to electronic
mail.] |
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(ii) |
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. |
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[This information will normally be included
in the notice you receive from the DMCA agent. You may want
to expand on it or distinguish some materials from others. Please
include a URL such as http://.../.../... or ftp://.../.../...
identifying the material or representative material. Specify
any IDs, passwords or other authorization required to access
the material.] |
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(iii) |
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. |
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[If you have any permissions for subject materials,
please identify them. If you believe materials to be quotable
under Fair Use Doctrine, please state your case with reference
to the four principles of Fair Use.] |
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(iv) |
A statement that the affected party
has a good faith belief that use of the material does not infringe
the rights of the copyright owner, or its agent, or the law. |
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(v) |
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 under subsection (c)(1)(C) or an agent of such
person. |
6.) XILO’s registered DMCA agent or the agent’s delegate
will take responsible steps to promptly notify the subscriber/user
of the take-down. This notice will specify information required
to make a counterclaim, and other information explaining applicable
due process rights.
7.) All questions regarding this policy should be directed
to XILO’s Registered Agent.
XILO’s Registered Agent Contact information:
XILO Abuse Department
Email: abuse@xilo.net
XILO will not be party to any copyright infringement disputes.
This is not legal advice and should not be construed to be legal
advice. This is provided for informational purpose only.
If you believe your intellectual property has been infringed but
are not sure, please seek legal counsel before proceeding.
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