Digital Millennium Copyright Act: Our Policies and Procedures

On this page you will find the following sections:

• Overview
• Policy
• Infringement Notification
• Counter Notification
• Account Termination

Related pages you might want to use:

• Infringement Notification Form

Overview

We fully support the Digital Millennium Copyright Act (DMCA) and an author's right to control the usage of their intellectual property. However, it is primarily the responsibility of the copyright holder to assert and maintain those rights. We will cooperate to the fullest extent possible in investigating and preventing the theft of intellectual property, but we are not responsible for the actions of our members who might submit articles which are not their own.

If you believe that an article we have published on this site is a violation of your copyright, please notify us using the procedures described below. We will investigate and take appropriate action as quickly as we can.

The DMCA requires us to receive and respond to reports of violations in writing. However, recognizing the time value of articles published for Article Marketing and the value lost due to delays in communication, we prefer to receive all initial reports via e-mail, and to use paper reports only as documentation in support of actions already taken.

While an article is being investigated for possible DMCA violations, we will suspend that article from appearing on our site, but we will not remove it unless and until we determine that it was in fact published in violation of the original author's copyright.

We will immediately notify the person who submitted the article in question that it is being investigated, and we will give them an opportunity to respond. If they fail to respond within a reasonable time, or fail to produce evidence that they are in fact authorized to submit the article for publication, we will decide in favor of the person making the complaint.

Any user of this site who is found to be a repeat infringer, as defined below, will be banned from submitting articles to this site.

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Policy

It is our policy to respond promptly to notices of alleged copyright infringement. This page provides a link to an input form which describes the information that should be given to us in these notices. This format is designed to make submitting notices of alleged infringement as straightforward and as expeditious as possible while reducing the instance of fraudulent reports, or reports that are difficult to understand or verify. The form of notice specified is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which is available from the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will also respond to notices in this form from other countries as well. Our response to these notices may include removing or disabling access to material alleged to be an infringement and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected content so that they may make a counter notification.

We require our registered authors to state that the articles they are submitting are their own work or that they otherwise have the right to publish those articles. We make an effort to ensure that the articles are indeed original before we publish them, but this effort is not to be considered exhaustive. Ultimately, it comes down to a good faith acceptance of the assertion of the author that they have the right to submit those articles for publication. We are not responsible nor liable for articles published on this site in violation of the original author's copyright. As good Internet citizens respectful of the intellectual property rights of others, we make a good faith response to allegations of copyright infringement, but the ultimate resposibility for enforcement of copyrights is with the copyright holder.

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Infringement Notification

For the most rapid possible response from us, please send any notices of infringement to us using the Infringement Notification Form. We recognize the time value of articles published for Article Marketing, and we are eager to take action on any infringement as soon as possible so that the true author of the article derives the maximum value from their work. However, for legal documentation purposes, please follow this up with a written communication by regular mail. This written notification must include the same information as that provided on the email form. For your convenience, the form also sends a copy of the email to you, which you may print, sign, and mail to us.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an article on this site is infringing your copyrights. Please bear this in mind, as well as the provisions of the fair use doctrine, before submitting a notice of infringement. If you are not sure whether material on this site infringes your copyright, we suggest that you first contact an attorney.

Infringement Notification Form

Counter Notification

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

In the same spirit as stated for infringement notifications, it is our policy to respond to counter notifications as quickly as possible, to enable the true auhor of the article to derive the maximum benefit possible from this time sensitive material. Therefore, we accept counter notifications via email, but they must be followed up with a written copy of the counter notification.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please include the following information:

1. Identify the specific URL of the material that we have removed or to which we have disabled access. For your convenience, this information was included in the Infringement Notification that you received via email.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Hillsborough County, New Hampshire if your address is outside of the United States), and that you will accept service of process from the person who provided the Infringement Notification under subsection (c)(1)(C) or an agent of such person.We would prefer if the name and email address match those with which you registered as a an author on this site, but if they are different, please also include the name and email addressunder which you registered on this site and originally submitted the material in question.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled from the article in question."
4. Send this information to us via email at editor@gaspredictor.com, but follow it up with a signed paper copy.
5. Send the signed written copy of the counter notification to the following address:
   GasPredictor.com
   Attn: Legal Support, DMCA Complaints
   47 Glastonbury Dr.
   Nashua, NH 03063

If after receiving an Infringement Notification you fail to respond within one week, or if you fail to produce convincing evidence that you do indeed have the right to submit the article in question to us for publication, we will find in favor of the person who filed the Infringement Notification. The article in question will be permanently removed from our server, and we will tally one copyright infringement toward your user account. You may be subject to having your account terminated or being banned from submitting articles to this site, as described in the next section.

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Account Termination

Any person who has repeatedly submitted articles to our site which have been found to infringe on the copyrights of others is subject to having their account terminated and to being banned from submitting articles to this site in the future.

For purposes of this policy, a "repeat infringer" shall be any person who has submitted more than five articles which have been found to infringe on the copyrights of others, or any person who has submitted fewer than five articles but more than two, of which more than half have been found to infringe on the copyrights of others.

A person may be identified as a "repeat infringer" regardless of whether the infringement was reported by the copyright holder (or an agent for the copyright holder). We may identify infringing materials through our own internal checks for infringing materials and terminate the accounts of repeat infringers based on the results of these internal checks or a combination of our internal checks and the infringement notifications sent to us by the copyright holder.

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