NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW
THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL
ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Rupe Corporation
Name of Agent Designated to Receive
Notification of Claimed Infringement: J. Rupe
Full Address of Designated Agent to
Which Notification Should be Sent: 2105 N. Twin Oaks Valley Rd, San Marcos, California 92069
Telephone Number of Designated Agent: (760) 591-9177
Facsimile Number of Designated Agent: 760 591-0000
Email Address of Designated Agent: jrupe
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right 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 the service provider
to locate the material;
- 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;
- 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; and
- 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 as outlined in 1 through 6 above:
- Service Provider shall remove or disable access to the material that is alleged to be infringing;
- Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
- Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access
to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent
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 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 promptly provide the Complaining Party with a copy of the Counter Notification;
- Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access
to it within ten (10) business days;
- Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen
(14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received
notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging
in infringing activity relating to the material on Service Provider's network or system.
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