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It is our policy to
respond to clear notices of alleged copyright infringement. This page
describes the information that should be present in these notices.
Regardless of whether we may be liable for such infringement under local
country law or United States law, our response to these notices may include,
removing or disabling access to material claimed to be the subject of
infringing activity 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 or administrator of the affected site or content so that
they may make a counter notification. We may also document notices of alleged
infringement on which we act. As with all legal notices, a copy of the notice
may be sent to one or more third parties who may make it available to the
public.
Please note that you may be liable for damages (including costs and
attorneys' fees) if you materially misrepresent that a product or activity is
infringing your copyrights. See http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/
for more information.
If you are a copyright owner or an agent thereof and believe that any file or
other content or link infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) which is incorporated by
reference):
(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Desi Hits Inc's designated DMCA Copyright Agent to receive notifications of
claimed infringement is:
R. Bath
1777 Lafayette Street, #125
Santa Clara, CA 95050
Fax: 815 572 5332
For clarity, only
DMCA notices should go to the DMCA Copyright Agent. You acknowledge that if
you fail to comply with all of the requirements of this Section 5(D), your
DMCA notice may not be valid.
In some instances and where feasible one may supply a counter-notification as
indicated on the form below. The administrator of an affected site or 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.
Account Termination
Many Desi Hits Inc Services do not have account holders or subscribers. For
Services that do, Desi Hits Inc will, in appropriate circumstances, terminate
repeat infringers. If you believe that an account holder or subscriber is a
repeat infringer, please follow the instructions above to contact Desi Hits
Inc and provide information sufficient for us to verify that the account
holder or subscriber is a repeat infringer.
Here is a DMCA form you may use for efficiency:
1. Identify in sufficient detail the copyrighted work that you believe has
been infringed upon (for example, "The copyrighted work at issue is the
text that appears on http://www.samplewebsite.com/sample_page.html") or
other information sufficient to specify the copyrighted work being infringed
(for example, "The copyrighted work at issue is the “ABC Guide” by John
Doe, published by Jones Publishing, ISBN #0123456789").
2. Identify the material that you claim is infringing the copyrighted work
listed in item #1 above.
FOR WEB OR INTERNET SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT
DIRECTLY LINKS TO A WEB PAGE OR FILE THAT ALLEGEDLY CONTAINS INFRINGING
MATERIAL. This requires you to provide (a) the search query that you used,
and (b) the URL for each allegedly infringing search result.
If you are sending a large number of URLs in one removal g_Request, please
also send an electronic copy of the notice to admin@desihits.com
3. Provide information reasonably sufficient to permit Desi Hits Inc to
contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit Desi Hits Inc to
notify the owner/administrator of the allegedly infringing webpage or other
content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use
of the copyrighted materials described above as allegedly infringing is not
authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Desi Hits Inc DMCA Notification
1777 Lafayette Street, #125. Santa
Clara, CA. 95050
Counter Notification
The administrator of an affected site or 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.
To file a counter notification with us, you must provide a written
communication (by fax or regular mail or by email) that sets forth the items
specified below. 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. A sample counter notification may
be found at www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the
following format (including section numbers):
1. Identify the specific URLs or other unique identifying information of
material that Desi Hits Inc has removed or to which Desi Hits Inc has
disabled access.
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 San Francisco
County, California if your address is outside of the United States), and that
you will accept service of process from the person who provided notification
under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury,
that I have a good faith belief that each search result, message, or other
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
at the URL identified and will no longer be shown."
4. Sign the paper.
5. Send the written communication to the following address:
Desi Hits Inc DMCA Counter-Notification
1777 Lafayette Street, #125. Santa
Clara, CA. 95050
Account Termination
Many Desi Hits Inc Services do not have account holders or subscribers. For
Services that do, Desi Hits Inc will, in appropriate circumstances, terminate
repeat infringers. If you believe that an account holder or subscriber is a
repeat infringer, please follow the instructions above to contact Desi Hits
Inc and provide information sufficient for us to verify that the account
holder or subscriber is a repeat infringer.
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