DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

 

 
  THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY:  
  This is not, nor should it be construed or intended as, legal advice. You should immediately seek legal counsel if you believe a notice of infringement has been filed against you, or if , your intellectual property rights have been infringed upon .
This website, including all text, scripts, images, and HTML are copyrighted and owned by Because I Can, Inc. (see our website’s Terms and Conditions of Use for definitions). All rights reserved.
This website, or any part thereof may not be reproduced, including photocopying and recording, or transmitted in any form by any means (mechanical, electronic, or otherwise), or transmitted by e-mail, or used in any other fashion without the express prior written permission of the website owner.
This copyright notice applies to everyone, including all visitors to this website. This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible.
 
     
  DMCA PROVISIONS:  
  The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a
counternotice to the website owner and/or the ISP.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to:

THE WEBSITE OWNER:

Copyright Agent
Because I Can, Inc.
102 Fernway Dr.
Suite 23A
Enterprise, AL 36330
USA

THE INTERNET SERVICE PROVIDER (“ISP”):
Copyright Agent
Bluehost Inc.
1958 South 950 East
Provo, UT 84606
USA
support@bluehost.com
888-401-4678

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)

3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).

4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law."

5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

 
     
  COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT:  
  If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

 
     
  This document and or any portion thereof may not be copied or used without the express written permission from the corporation executive committee. All Rights Reserved.
Copyright © 2010 and specifically licensed for use by Because I Can, Inc on any of it’s business websites. Prepared by the Law Office of Robert P. Smiley LLC.