Copyright Infringement Policy
Perry Spencer Communications, Inc. d/b/a PSC
Copyright and Digital Millennium Copyright Act Policy
Perry Spencer Communications, Inc. d/b/a PSC (“PSC”) is committed to complying with U.S. copyright and related laws and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. PSC, in accordance with the DMCA and other applicable laws, may terminate the Service provided to any customer or user who (1) is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or (2) PSC believes in its sole discretion is infringing these rights. PSC may terminate the Service at any time with or without notice for any affected customer or user.
Copyright owners may report alleged infringements of their works that are stored on the Service by sending PSC’s DMCA Designated Agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon PSC’s receipt of a satisfactory notice of claimed infringement for these works, PSC will respond expeditiously to perform one or more of the following: (1) directly or indirectly remove material that has been identified as infringing work(s) stored on the Service (ii) directly or indirectly disable access to the identified material; and (3) provide notification (“Infringement Notification”) to the customer whose IP address was identified as the source of the infringement. A customer that has received three (3) or more Infringement Notifications from PSC within a three (3) year period is considered a Repeat Infringer and will have its service suspended for at least twelve (12) months.
If you believe that your work has been copied and has been posted, stored, or transmitted to PSC’s website in a way that constitutes copyright infringement, please submit a notification pursuant to the DMCA by providing PSC’s DMCA Designated Agent (contact provided below) the following written information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- 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 PSC to locate the material;
- Information reasonably sufficient to permit PSC 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;
- 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; and
- 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.
Designation of Agent to Receive Notification of Claimed Infringement
FULL LEGAL NAME OF SERVICE PROVIDER: Perry Spencer Communications, Inc. d/b/a PSC
You should be aware that complainants who make false claims or misrepresentations concerning copyright infringement may be liable for damages under the DMCA.
PSC wants to help our customers enjoy their Internet service and digital content within the confines of the law. If you have received multiple notices but are concerned that someone in your home will continue the behavior, we can work with you to develop safeguards for your digital devices and network. If PSC continues to receive notices from content rights holders, we reserve the right to terminate your service temporarily or permanently. We will evaluate circumstances on a case-by-case basis.
If an affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notification to PSC’s designated agent at the address noted above. Upon PSC’s receipt of a counter-notification that satisfies the requirements of DMCA, PSC will provide a copy of the counter-notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to the received counter-notification. This process will invoke a dispute between you and the complaining party. In all events, you expressly agree that PSC will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Your counter-notification must be in writing and contain the following information:
- A physical or electronic signature of an authorized person;
- Identification of the material that was removed or access to which was disabled and the location at which material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- 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.