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Copyright Infringement Policy
I-Land Internet Services is committed to strictly applying "The Digital
Millennium Copyright Act" (ie,
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
I-Land Internet Services agree to the following points at the time their
account is activated.
1. I-Land Internet Services 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 I-Land Internet Services 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. I-Land Internet Services 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 I-Land Internet Services 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. I-Land Internet Services reserves the right to view its customers' web
pages and any publicly available information in accordance with the
"Acceptable Use Policy" found at: Click Here!. Be
it known, however, that I-Land Internet Services 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 I-Land Internet Services.
5. By using I-Land Internet Services, the customer agrees to indemnify and
hold unaccountable I-Land Internet Services 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. I-Land Internet Services reserves the right to terminate its services
without compensation if it believes in good faith that there is a
copyright infringement. I-Land Internet Services will make such decisions
at its sole discretion.
7. All inquiries regarding copyright infringement should be forwarded to
abuse@iland.net, or mailed to I-Land
Internet Services, c/o Andy Darrah-"Abuse Department", P.O. Box 834,
Sedalia, MO 65302.
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 I-Land Internet Services will
immediately attempt to ascertain whether there is an obvious copyright
infringement. If this is the case, I-Land Internet Services 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. I-Land Internet Services 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.
I-Land Internet Services will notify the copyright owner or representative
party immediately after the customer has been instructed to remove the
infringing material. If I-Land Internet Services 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, I-Land Internet Services 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, I-Land Internet Services will waive the activation fee
if it is necessary to recreate the account.
12. I-Land Internet Services will keep a log of all copyright infringement
complaints.
13. I-Land Internet Services will deny services unconditionally to anyone
who is considered a repeat offend of the current copyright laws.
14. I-Land Internet Services 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
I-Land Internet Services, 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 I-Land Internet Services, all
of which remain in full force.
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