Digital Millennium Copyright Act (DMCA)
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to 3plains as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov but we will respond to notices of this form from other jurisdictions as well.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third party that may publish and/or annotate it.
I. DESIGNATED AGENT
Send the written communication to the following physical address:
ATTN: DMCA Compliance Agent
19565 Rosedale Ave
Excelsior, MN 55331
or email address:
legal at 3plains.com
Upon receipt of proper notification of claimed infringement, 3plains will follow the procedures outlined herein and in the DMCA.
II. COMPLAINT NOTICE PROCEDURES FOR COPYRIGHT OWNERS
The following elements must be included in your copyright infringement claim:
1. An electronic or physical signature of the copyright owner or 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 notice, 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 3plains to locate the material.
4. Information reasonably sufficient to permit 3plains 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 the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice 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.
Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
III. NOTICE AND TAKEDOWN
Procedure: It is expected that all users of any part of 3plains systems will comply with applicable copyright laws. However, if 3plains receives proper notification of claimed copyright infringement it will respond expeditiously by removing or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity provided all such claims have been investigated and determined to be valid by 3plains in 3plains's sole and absolute discretion. 3plains will comply with the appropriate provisions of the DMCA in the event a counter-notification is received.
IV. REPEAT INFRINGERS
Under appropriate circumstances, 3plains may, in its discretion, terminate the authorization of users of its system or network who are repeat infringers.
V. ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is a 3plains policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.