CMSInter.net (“CMS”) is committed to complying with U.S. copyright and related laws, and requires all customers and users (“You”, “Your”, “Customer(s)”, “Subscriber(s)” or “User(s)”) of our services to comply with these laws.
You may not store any material or content on, access, share or disseminate any material or content over, the service in any manner that infringes third party intellectual property rights, including rights granted by U.S. copyright law. CMS complies with the Digital Millennium Copyright Act (“DMCA”). You may receive DMCA notifications from CMS if Your service account is identified by a copyright owner or authorized agent as having been used in connection with acts of alleged copyright infringement.
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed, may report alleged infringements to CMS per the provisions set forth in the DMCA. It is CMS’s policy in accordance with the DMCA to reserve the right to suspend or terminate the service(s) provided to any Customer or User who is found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who CMS, at its sole discretion, believes is infringing these rights. CMS may suspend or terminate the service(s) at any time with or without notice for any affected Customer or User.
REPORTING OF ALLEGED INFRINGEMENTS
Copyright owners may report alleged infringements of their works that are stored on the service by sending the CMS authorized agent as listed below, a notification of claimed infringement that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Upon CMS’s receipt of a satisfactory notice of claimed infringement, CMS will expeditiously remove, or disable access to the infringing material when the material is stored on a hosted service managed by CMS. CMS will also by best effort notify the affected Customer or User by electronic or conventional mail by forwarding the notice to them. Repeat infringers are subject to service termination as set forth above.
CUSTOMERS THAT RECEIVE A DMCA NOTIFICATION
If You receive a DMCA notification of alleged infringement You may want to consult an attorney for legal advice. However, if you believe in good faith that:
(1) Your service was not used to commit the alleged infringement;
(2) You have legal ownership of the material in question;
(3) Your service(s) have been disabled by mistake or misidentification;
(4) The material in question is stored by a CMS or third party service in which You have subscribed to and has been removed or blocked by mistake or misidentification; or
(5) You have another legal right to file a counter notification,
You can file a counter notification with CMS’s designated agent using the contact information below. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
COUNTER NOTIFICATION
A counter notification must be a written communication to the CMS designated agent that includes 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 Subscibers 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 under subsection Section 512(c)(1)(C) of the U.S. Copyright Act or an agent of such person.
Upon CMS’s receipt of a counter notification that satisfies the requirements of the DMCA, CMS will provide a copy of the counter notification to the copyright holder or its designated agent who sent the original notification of claimed infringement in its entirety and will follow the DMCA’s procedures with respect to a received counter notification. This means that Your counter notification, including Your name, address, contact information, and other contents will be shared with the copyright holder or its designated agent.
DESIGNATED AGENT
DMCA Agent
ATTN: DMCA Agent
131 S Main Street
Mount Pleasant, MI 48859
dmca@cmsinter.net
(989) 400-4230
ADDITIONAL INFORMATION
http://www.copyright.gov/legislation/dmca.pdf
http://www.onguardonline.gov/articles/0016-p2p-file-sharing-risks
The information on this page is provided to You for informational purpose only, and is not intended as legal advice.
As a subscriber or user of CMS service(s) You agree that CMS will not be a party to any disputes or lawsuits regarding alleged copyright infringement.