CLAIM OF COPYRIGHT INFRINGEMENT POLICY
Pursuant to the Digital Millennium Copyright Act (the "DMCA"), you may file a
Notification of claimed infringement with the Designated Agent of a Service
Provider if you believe that a Web page hosted by the Service Provider is
violating your rights under U.S. copyright law. (See Title 17,
United
States Code, Section 512(c)(3)). The DMCA
provides the following procedure for parties to follow who wish to file a
Notification of claimed infringement with a Service Provider.
To serve a Notification RC Technologies Corporation ("RCT"), send your
Notification to:
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Name of Designated Agent to Receive Notification: |
RC Technologies |
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Address to Which Notification Should be Sent: |
PO
Box33New Effington SD
57255 |
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Telephone Number of Designated Agent: |
605-637-5211 |
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Facsimile Number of Designated Agent: |
605-637-5302 |
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Email Address of Designated Agent: |
tnics@tnics.com |
Notification:
In order to be effective under the DMCA, the Notification must (i) be in
writing, and (ii) provided to the Designated Agent of a Service Provider.
In order for such a complaint to be effective under the DMCA, Notification
must include the following:
1. A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
Upon receipt of the written Notification containing the information described
in 1 through 6 above, Service Provider will:
1. Remove or disable access to the
material that is alleged to be infringing.
2. Take reasonable steps to promptly
notify the subscriber that it has removed or disabled access to the material.
Counter Notification:
If a notice of copyright infringement has been filed against you, you may
file a Counter Notification with a Service Provider's Designated Agent. In order
to be effective, a Counter Notification must be written and include
substantially the following:
1. A physical or electronic signature of
the subscriber.
2. 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.
3. 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.
4. 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 a Counter Notification containing the information as outlined
in 1 through 4 above, Service Provider shall:
1. Promptly provide the complaining party
with a copy of the Counter Notification;
2. Replace the removed material or cease
disabling access to the material within 10 to 14 business days following receipt
of the Counter Notification, unless the Service Provider's Designated Agent
first receives notice from the complaining party that an action has been filed
seeking a court order to restrain alleged infringing party from engaging in
infringing activity relating to the material on Service Provider's system or
network.
NOTE: Under the DMCA, 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. See Title 17, United States Code, Section
512(d).
NOTE: The information on this page is provided to you for
informational purposes only, and is not intended as legal advice. If you
believe your rights under U.S. Copyright law have been infringed, you should
consult an attorney.