It is expected that all nusenet users will comply with applicable copyright laws. However, if nusenet receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through nusenet.com by completing the following DMCA Notice of Alleged Infringement and delivering it to the nusenet Designated Copyright Agent identified below. Upon receipt of the DMCA Notice of Alleged Infringement as described below, nusenet will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA NOTICE OF ALLEGED INFRINGEMENT
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice of Alleged Infringement – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify (i) the material that you claim is infringing or the subject of infringing activity and that is to be removed (or access to which is to be disabled), together with information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the nusenet.com where such material may be found; and (ii) the reference or link to the material or activity that you claim to be infringing that is to be removed (or access to which is to be disabled), together with information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Sites where such reference or link may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice of Alleged Infringement:
‘I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
‘I hereby state that the information in this Notice of Alleged Infringement is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to the nusenet Designated Copyright Agent:
Mr. Steven Fuentes
303 W 30th St, New York, NY 10001
Please note: You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification, we suggest that you first contact a lawyer.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide the nusenet Designated Copyright Agent (listed above) the following information in a written communication via email:
- 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;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, nusenet will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that nusenet will replace the removed material or cease disabling access to it in 10 business days. nusenet 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 notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Termination of Offenders
In accordance with Section 512(i)(1)(a) of the DMCA, nusenet will, in appropriate circumstances, disable and/or terminate the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others.