Pursuant to Title 17, United States Code, Section
512(c)(2), all notifications of claimed copyright infringement on
the naked hosting, INC. ("naked hosting") system or Web
site should be sent ONLY to our Designated Agent.
NOTE: The Following Information is provided
solely for notifying naked hosting that your copyrighted material
may have been infringed.
Written notification must be submitted to the following
Designated Agent:
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
Notice@DMCANotice.com
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT
INFRINGEMENT TO THE ABOVE CONTACT ABOVE
Under
Title 17, United States Code, Section 512(c)(3)(A),
the Notification of Claimed Infringement
must include ALL of the following:
1. Physical or electronic signature of a person
authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed
to have been infringed or a representative list if multiple works
are involved.
3. Identification of the material that is claimed
to be infringing that should be removed or access to disabled and
information reasonably sufficient to enable the online service provider
to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow
the online service provider to contact the complaining party (address,
phone number, e-mail address).
5. 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. Statement that the information in the notice
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the copyright owner.
7. Upon receipt of notification of a claimed infringement,
naked hosting will respond expeditiously to remove, or disable access
to, the material that is claimed to be infringing or to be the subject
of infringing activity, regardless of whether the material or activity
is ultimately determined to be infringing; if selective action is
not possible, naked hosting will terminate the alleged infringer's
Internet access.
naked hosting will also take reasonable steps to
promptly notify the alleged infringer in writing of the claim against
him or her, and that it has removed or disabled access to the material
(see Sections 512(c)(1)(C) and (g) of the DMCA).
Upon receipt of notice from naked hosting that
a claim of infringement has been made and/or that the material has
been removed or that access to it has been disabled, the Subscriber
may provide a Counter Notification.
To be effective, a Counter Notification must meet
ALL of the following requirements:
1. It must be a written communication;
2. It must be sent to the Service Provider's Designated
Agent;
3. It must include 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
Subscriber's 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.
NOTICE AND TAKE DOWN PROCEDURES
naked hosting implements the following “notice and takedown”
procedure upon receipt of any notification of claimed copyright
infringement. naked hosting reserves the right at any time to disable
access to, or remove any material or activity accessible on or from
any Site or any Materials claimed to be infringing or based on facts
or circumstances from which infringing activity is apparent. It
is the firm policy of the naked hosting to terminate the account
of repeat copyright infringers, when appropriate, and naked hosting
will act expeditiously to remove access to all material that infringes
on another’s copyright, according to the procedure set forth
in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”).
naked hosting's DMCA Notice Procedures are set forth in the preceding
paragraph. If the notice does not comply with Paragraph 19 and §512
of the DMCA, but does comply with three requirements for identifying
sites that are infringing according to §512 of the DMCA, naked
hosting shall attempt to contact or take other reasonable steps
to contact the complaining party to help that party comply with
the notice requirements. When the Designated Agent receives a valid
notice, naked hosting will expeditiously remove and/or disable access
to the infringing material and shall notify the affected user. Then,
the affected user may submit a counter-notification to the Designated
Agent containing a statement made under penalty of perjury that
the user has a good faith belief that the material was removed because
of misidentification of the material. After the Designated Agent
receives the counter-notification, it will replace the material
at issue within 10-14 days after receipt of the counter-notification
unless the Designated Agent receives notice that a court action
has been filed by the complaining party seeking an injunction against
the infringing activity. naked hosting reserves the right to modify,
alter or add to this policy, and all users should regularly check
back to these Terms and Conditions to stay current on any such changes.
CAUTION: Pursuant to Title 17, Section
512(f) of the United States Code, any person who knowingly materially
misrepresents that material or activity is infringing, or that material
or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys'
fees, incurred by the alleged infringer, by any copyright owner
or copyright owner's authorized licensee, or by a service provider,
who is injured by such misrepresentation, as the result of the service
provider relying upon such misrepresentation in removing or disabling
access to the material or activity claimed to be infringing, or
in replacing the removed material or ceasing to disable access to
it.