316 Networks Notice for Claims of Intellectual Property Violations and Agent for Notice
Multicast Media Technologies, Inc. d/b/a 316 Networks (“316 Networks”) respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide 316 Networks’ Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the 316 Networks site or system, with enough detail so that we may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
316 Networks’ Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail
Douglas B. Hadaway
Multicast Media Technologies, Inc. d/b/a 316 Networks
Suite 600, 1100 Circle 75 Parkway
Atlanta, Georgia 30339
By phone
(678) 325-4122
By fax
(678) 325-4123
By email
.(JavaScript must be enabled to view this email address)
Materials Taken Down - Procedure, Notification and Counter-Notices
If you are a user of or subscriber to our services and we receive a proper notice (as described above) claiming that material provided by you is infringing the intellectual property rights of another party, we will take reasonable steps to promptly notify you that we have removed or disabled access to the material you provided.
If you believe that 316 Networks has removed or disabled access to the material improperly or mistakenly, you must send a counter-notice as described below to 316 Networks’ Copyright Agent with the following information.
- your electronic or physical signature as a subscriber to or user of our services;
- a description of the material that has been removed or to which access has been disabled;
- a description of where on our system the material appeared before it was removed or access to it was disabled;
- your address, telephone number, and email address;
- a statement by you, made under penalty of perjury, that you have 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; and
- a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which 316 Networks may be found, and that you will accept service of process from the person who provided the original notification claiming infringement or from an agent of such person.
Effect of Counter-Notice
If we receive a counter-notice as described above, and in accordance with U.S. copyright law, we will upon receipt of a counter notification described above, promptly provide a copy of the counter-notice to the person who provided the original notification claiming infringement, and we will inform such person that we will replace the removed material or cease disabling access to it in ten (10) business days. Thereafter, and again, as specified by U.S. copyright law, we will replace the removed material and ceases disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice, unless 316 Networks’ Copyright Agent first receives notice from the person who provided the original notification claiming infringement that such person has filed an action seeking a court order to restrain the 316 Networks subscriber or user from engaging in infringing activity relating to the material on 316 Networks’ system or network.
Put Simply:
In short, if you send us a notice claiming infringement in accordance with this policy, we will do our best to take the materials down or remove access to them within ten (10) days. But we will also notify our subscriber or user who originally put the materials on our system and, if they respond with a proper counter-notice, we will notify you and restore access to those materials within two (2) weeks unless you have already notified us that you have filed a lawsuit against our subscriber or user to prevent further infringement.
