NOTICE AND PROCEDURE FOR MAKING
CLAIMS
OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING
THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL
MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR
TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS,
WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated
Agent:
Service Provider(s): Traders Illustrated
Name of Agent Designated to Receive
Notification of Claimed Infringement: Andrew Gadzinski
Full Address of Designated Agent to
Which Notification Should be Sent: 141 W. Jackson - Suite 2004,
Chicago, Illinois 60604
Telephone Number of Designated Agent: (312) 789-8416
Facsimile Number of Designated Agent: (312) 789-8290
Email Address of Designated Agent: AGadzinski@TradersIllustrated.com
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at
that site;
3. Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
4. 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 at which the
complaining party may be contacted;
5. 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 the law; and
6. 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.
Upon receipt of the written Notification containing the information
as outlined in 1 through 6 above:
1. Service Provider shall remove or disable access to the material
that is alleged to be infringing;
2. Service Provider shall forward the written notification to such
alleged infringer ("Subscriber");
3. Service Provider shall take reasonable steps to promptly notify
the Subscriber that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication
provided to the Service Provider's 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 Subscriber's 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 or an agent of such person
Upon receipt of a Counter Notification containing the information
as outlined in 1 through 4 above:
1. Service Provider shall promptly provide the Complaining Party
with a copy of the Counter Notification;
2. Service Provider shall inform the Complaining Party that it will
replace the removed material or cease disabling access to it within
ten (10) business days;
3. Service Provider shall replace the removed material or cease
disabling access to the material within ten (10) to fourteen (14)
business days following receipt of the Counter Notification, provided
Service Provider's Designated Agent has not received notice from
the Complaining Party that an action has been filed seeking a court
order to restrain Subscriber from engaging in infringing activity
relating to the material on Service Provider's network or system.
7/28/04
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