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Copyright Infringement Policy
TampaBay DSL, Inc. is committed to strictly applying "The Digital Millennium Copyright Act" (ie, http://www.loc.gov/copyright/legislation/dmca.pdf), as well as all other applicable laws and regulations to its everyday practice. Signed into law on October 28, 1998, was an amendment to the act, which provided special regulations for the Internet. Be it known, that all customers of
TampaBay DSL, Inc. agree to the following points at the time their account is activated.
1. TampaBay DSL, Inc. prohibits any and all of the following: copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to use of any copyrighted names, text, or images from pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, etc.
2. All TampaBay DSL, Inc. customers are hereby advised that they can be held liable for the content of their personal web pages and/or servers. They may also be held legally accountable if said web pages and/or servers include material protected by copyright, trademark, patent, or trade secret laws without the permission of the owner.
3. TampaBay DSL, Inc. shall NOT be held liable under any circumstances for any special, consequential, incidental, or exemplary damages arising from or in any way connected with copyright infringement, lost profits, loss of use, lost data, loss of privacy, damages to third party, even if TampaBay DSL, Inc. has been advised of the possibility of such damages. This limitation of liability shall apply toward any claims based on principles of contract, warranty, negligence, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
4. TampaBay DSL, Inc. reserves the right to view its customers' web pages and any publicly available information in accordance with the "Acceptable Use Policy" found at http://www.tbdsl.com/companyinfo_aup.htm Be it known, however, that TampaBay DSL, Inc. will NOT verify, endorse, or otherwise control the information within its customers' web pages or servers. All opinions and views expressed therein belong to the respective owner and are NOT supported by TampaBay DSL, Inc.
5. By using TampaBay DSL, Inc., the customer agrees to indemnify and hold unaccountable TampaBay DSL, Inc. for any loss, liability, claim, damage, attorney's fees, and other expenses arising from or in connection with the contents of the customer's web pages and/or servers.
6. TampaBay DSL, Inc. reserves the right to terminate its services without compensation if it believes in good faith that there is a copyright infringement. TampaBay DSL, Inc. will make such decisions at its sole discretion.
7. All inquiries regarding copyright infringement should be forwarded to bill@tampabaydsl.com, or mailed to TampaBay DSL, Inc., c/o Bill Heinz -"Abuse Department", 5151 W. Rio Vista Ave., Tampa, FL 33634.
8. All copyright infringement complaints must include all information required by law and contain the following:
- Contact information
- A statement from the copyright holder or its representative that in good faith, the information is believed to be infringing
- A signature or equivalent of the copyright holder
- Identification of the works potentially being infringed upon.
- Specific information regarding the location of the infringing material that the copyright holder seeks to have removed/blocked, with sufficient details to allow for this.
- A statement from the complaining party that the information supplied is accurate and, under penalty of perjury, that the accusing party is authorized to make the complaint.
9. Upon receiving a complaint, agents from TampaBay DSL, Inc. will immediately attempt to ascertain whether there is an obvious copyright infringement. If this is the case, TampaBay DSL, Inc. will temporarily suspend the customer's service in accordance with item 6, at which time attempts will be made to contact the customer and notify them of the infringement.
10. TampaBay DSL, Inc. will cancel the customer's account if no word is received from the customer within 7 days of the complaint OR if the customer fails to remove the copyrighted material from their system. TampaBay DSL, Inc. will notify the copyright owner or representative party immediately after the customer has been instructed to remove the infringing material. If TampaBay DSL, Inc. believes in good faith that the customer will abide by current copyright laws, their account will be allowed to remain active. The copyright owner or representative party will be notified when it is believed that the infringing material has been removed permanently.
11. Under these circumstances, TampaBay DSL, Inc. will NOT provide the customer with any compensation for downtime or termination of their account. Prepaid accounts will not be prorated, nor will there be any refunds. However, TampaBay DSL, Inc. will waive the activation fee if it is necessary to recreate the account.
12. TampaBay DSL, Inc. will keep a log of all copyright infringement complaints.
13. TampaBay DSL, Inc. will deny services unconditionally to anyone who is considered a repeat offend of the current copyright laws.
14. TampaBay DSL, Inc. will collaborate with all appropriate policing agencies to the full extent of the law in order to reduce copyright infringement on the Internet.
15. This policy does not, in any fashion, replace existing agreements with TampaBay DSL, Inc., nor does it preclude the "Acceptable Use Policy". This "Copyright Infringement Policy" is to be used as an addendum to all other agreements and contracts with TampaBay DSL, Inc., all of which remain in full force.
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