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> Notification of Claimed
Copyright Infringement
If you believe that a Web page hosted by D&E Jazzd is
violating your rights under U.S. copyright law, you may file
a complaint of such claimed infringement with D&E Jazzd's
designated agent in the manner described below.
By Mail:
Administrative Assistant, Regulatory Relations
D&E Communications, Inc.
PO Box 458
Ephrata, PA 17522
By e-mail:
regulatory@decommunications.com
For your complaint to be valid under the DMCA, you must provide
the following information when providing notice of the claimed
copyright infringement:
- a physical or electronic signature of a person authorized
to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have
been infringed;
- identification of the material that is claimed to be infringing
or to be the subject of the infringing activity and that
is to be removed or access to which is to be disabled as
well as information reasonably sufficient to permit D&E
Jazzd 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;
- 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 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.
[For more information on the information
required for valid notification, see 17 U.S.C. §512 (c)(3).]
You should be aware that, 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
attorney fees.
> Counter-notification
to Claimed Copyright Infringement
If a notice of copyright infringement has
been filed against you, you may file a counter-notification
with D&E Jazzd's designated agent at the address listed
above. Such counter-notification must contain the following
information:
- physical or electronic signature;
- 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 Member has
a good faith belief that the material was removed or disabled
as a result of mistake or misidentification; and
- your name, address, and telephone number, and a statement
that you consent to the jurisdiction of the federal district
court for the federal district in which you are located,
and that you will accept service of process from the complainant.
If D&E Jazzd receives a valid counter-notification,
the DMCA provides that the removed material will be restored
or access re-enabled.
Please be advised that U.S. copyright law
provides substantial penalties for a false counter-notice
filed in response to a notice of copyright infringement.
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