POLICY REGARDING NOTIFICATIONS OF CLAIMED COPYRIGHT INFRINGEMENT & TERMINATION OF A SUBSCRIBER'S/USER’S ACCOUNT FOR INFRIGENEMENT
Upon notification to Southwest Media Communications, LLC of a claimed copyright infringement as described below, Southwest Media will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity pursuant to the following terms and conditions:
1. Designated Agent. The Southwest Media Communications, LLC designated agent to receive notifications of claimed copyright infringement is: Connie J. Mableson, Esq., 3003 N. Central Ave., Suite 1800, Phoenix Arizona, 85012, firstname.lastname@example.org, 602-277-3000, Attention SWMEDIA Notice.
2. Notice of Claimed Infringement: All notices of claimed copyright infringement must be in writing and sent to the Southwest Media designated agent. The Notice of claimed infringement MUST contain the following pursuant to the Digital Millennium Copyright Act:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Identification of the copyrighted work claimed to have been infringed, or a list of multiple copyrighted works claimed to have been infringed; and
- Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit Southwest Media Communications, LLC to locate the material;
- Information reasonably sufficient to permit Southwest Media Communications, LLC to contact the complaining party, including name, address, telephone number and electronic mail address.
- A statement that the complaining party has a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 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.
3. Misrepresentations. Any person who knowingly materially misrepresents that material or an activity is infringing or that material or activity was removed or disabled by mistake or misidentification, shall be liable to Southwest Media Communications, LLC for any damages, including costs and attorney's fee, incurred by Southwest Media Communications, LLC in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
4. Termination of Subscriber's Account. In the event a subscriber, user, or account holder of Southwest Media Communications, LLC uses or posts infringing material or conducts an infringing activity on Usenet, and if Southwest Media Communications, LLC has direct knowledge of said infringing material or activity, it is the policy of Southwest Media Communications, LLC that it may terminate the infringing Subscriber's account so long as such termination does not interfere with "standard technical measures" as defined under the Digital Millennium Copyright Act.