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Written notification must be submitted to the following Designated Agent:
Service Provider(s): The Freeman Companies
Name of Agent Designated to Receive Notification
of Claimed Infringement: Jan Headrick
Full Address of Designated Agent to Which Notification
Should be Sent:
1600 Viceroy. Suite 100
Dallas, TX 75235-2306
Telephone Number of Designated Agent:
(214) 445-1000
Facsimile Number of Designated Agent:
(214) 445-0200
Email Address of Designated Agent:
jheadrick@freemanco.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.
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