Laguna Beach Internet is committed to complying with U.S. copyright law and
expects all end users who access some of our Services but do not have accounts
("Visitors") as well as those who pay a monthly, quarterly or yearly
service fee to subscribe to the Services ("Members") to do the same.
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 on the Internet. Under the DMCA,
copyright owners may contact the authorized agent of an Internet service
provider to report alleged infringements of their protected works appearing on
Web pages hosted by the service provider. Upon receipt of a properly filed
complaint satisfying the requirements of the DMCA, Laguna Beach Internet will
remove or block access to the allegedly infringing material. If a Member or
user of the Laguna Beach Internet Service believes in good faith that a notice
of copyright infringement has been wrongly filed, such person may submit a
counternotice to Laguna Beach Internet. Laguna Beach Internet will not be a
party to disputes over alleged copyright infringement.
This information should not be construed as legal advice to our Members or
Visitors. If you believe that your copyrights have been infringed, or if a
notice of copyright infringement has been filed against you, we advise that
you seek legal counsel. We are providing the following information to you for
informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by Laguna Beach Internet is violating
your rights under U.S. copyright law, you may file a complaint of such claimed
infringement with Laguna Beach Internet's designated agent in the manner
described below.
| By Mail: |
General Counsel
Laguna Beach Internet
117 Cozumel Court
Laguna Beach, CA 92651 |
| By Telephone: |
(949) 305-3671 |
| By Email: |
dmca@lagunainternet.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. |
A physical or electronic signature of a person
authorized to act on behalf of the copyright owner |
| b. |
Identification of the copyrighted work claimed to
have been infringed |
| c. |
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 Laguna Beach Internet to
locate the material |
| d. |
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 |
| e. |
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 |
| f. |
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 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 attorneys fees.
Counternotification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may
file a counternotification with Laguna Beach Internet's designated agent at
the address listed above. Such counternotification must contain the following
information:
| a. |
Physical or electronic signature |
| b. |
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 |
| c. |
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 |
| d. |
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 Laguna Beach 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.
Ver. 06/17/2002
