| Digital
Millennium Copyright Act
Deru Internet is committed
to complying with U.S. copyright law and expects our users to comply
as well. The Digital
Millennium Copyright Act of 1998 ("DMCA") provides
recourse for owners of copyrighted material who believe that their
rights under U.S. Copyright law have been infringed via the Internet.
Upon notification to
Deru Internet of a claimed copyright infringement as described below,
Deru Internet 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 pursuant to the following terms and conditions:
Designated Agents
The Deru Internet designated
agent to receive notifications of claimed copyright infringement
is: Darin Wayrynen, ATTENTION: DMCA Notice, 3443 N Central, Suite
1705, Phoenix, AZ, 85012, or via email to darin@deru.net,
with subject of ATTENTION: DMCA Notice
Notification of Claimed
Copyright Infringement
If you believe that a
user of Deru Internet services is violating your rights under U.S.
copyright law, you may file a complaint of such claimed infringement
with Deru Internet's designated agent in the manner described below.
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 owner
of an exclusive right that is allegedly infringed; and
- Identification of
the copyrighted work claimed to have been infringed, or a list
of multiple copyrighted works claimed to have been infringed;
and
- Information reasonably
sufficient to permit Deru Internet to contact the complaining
party, including name, address, telephone number and electronic
mail address.
- A statement that
the complaining party has a good faith belief that the material
in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
- 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 details on
the information required for valid notification, see 17 U.S.C. 512(c)(3).)
You should be aware that,
under the DCMA, 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.
Counternotification
to Claimed Copyright Infringement
If a user of the Deru
Internet Service believes in good faith that a notice of copyright
infringement has been wrongly filed, such person may submit a counternotice
to Deru Internet's Designated Agent. Deru Internet will not be a
party to disputes over alleged copyright infringement.
If a notice of copyright
infringement has been filed against you, you may file a counternotification
with Deru Internet's designated agent at the address listed above.
Such counternotification 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
- 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 Deru Internet receives
a valid counternotification, 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 counternotice
filed in response to a notice of copyright infringement.
Last Updated January
12, 2002
|