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AT&T POLICIES FOR CONSIDERING TRADEMARK AND/OR COPYRIGHT INFRINGEMENT
CLAIMS MADE TO AT&T WORLDNET(R) SERVICE, AT&T CERFnet,
AT&T GLOBAL NETWORK SERVICES AND OTHER AT&T SERVICES
I. Copyright Claims. AT&T will request the
Complaining Party to substantiate a copyright claim by providing
AT&T with the following information in writing to:
Service Provider: AT&T Corp. (or the unincorporated
division of AT&T Corp. namely AT&T Worldnet Service),
32 Avenue of the Americas, New York, NY 10013
Name of Agent Designated to Receive Notification of Claimed Infringement:
Manager of Security & Copyright Infringement
Full Address of Designated Agent to which Notification should
be sent:
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
Telephone Number of Designated Agent: (919) 319-5737
Facsimile Number of Designated Agent: (919) 319-8154
E-mail Address of Designated Agent: copyright@att.com
To be effective, a notification of a claimed copyright infringement must be provided in writing to AT&T's above-listed Designated Agent and must include the following information:
A. A physical or electronic signature
of the owner of or a person authorized to act on behalf of the
owner of an exclusive copyright right that is allegedly infringed.
B. 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.
C. 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 AT&T to locate
the material.
D. Information reasonably sufficient to permit
AT&T to contact the Complaining Party, such as an address,
telephone number, and, if available, an electronic mail address
at which the Complaining Party may be contacted.
E. A statement that the Complaining Party has
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.
F. A statement that the information in the notification
is accurate, and under penalty of perjury, that the Complaining
Party is the owner of or is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
II. For Copyright Claims, upon receipt of appropriate written notification from the Complaining Party, pursuant to Section I above, AT&T will remove or disable access to the material that is claimed to be infringing.
III. If the Complaining Party provides AT&T with appropriate written notification, pursuant to Section I above, including information reasonably sufficient to permit AT&T to locate and remove or disable the material in question or includes information concerning repeat infringement, then AT&T will forward the Complaining Party's written notification to such alleged infringer (hereinafter "Subscriber") and shall take reasonable steps promptly to notify the Subscriber that it has removed or disabled access to the material.
IV. Counter Notification. A Subscriber may provide Counter Notification by providing a written communication to AT&T's Designated Agent identified in Section I above that includes substantially the following:
A. A physical or electronic signature
of the Subscriber.
B. Identification of the material that has been
removed or to which access has been disabled and the location
at which the material appeared before it was removed or access
to it was disabled.
C. A statement under penalty of perjury that
the Subscriber has a good faith belief that the material was removed
or disabled as a result of mistake or misidentification of the
material to be removed or disabled.
D. The Subscriber's name, address, and telephone
number, and a statement that the Subscriber consents to the jurisdiction
of the Federal District Court for the judicial district in which
the address is located, or if the Subscriber's address is outside
of the United States, for any judicial district in which AT&T
may be found, and that the Subscriber will accept service of process
from the Complaining Party or an agent of such Party.
V. Upon receipt of a Counter Notification described in Section IV, AT&T shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in 10 business days. AT&T will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless AT&T's Designated Agent first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on AT&T's system or network.
VI. Trademark Claims. AT&T will request the Complaining Party to substantiate a Trademark Claim by providing AT&T with the following in writing to AT&T Corp., One AT&T Way, Bedminster, NJ 07921, Attn: Trademark and Copyright Counsel, Room 3A249.
A. Provide sufficient evidence that the party
posting the trademark that is claimed to be infringing is an AT&T
Worldnet® Service account holder.
B. The trademark, service mark, trade dress,
name, or other indicia of origin ("mark") that is claimed
to be infringed.
C. The name, post office address and telephone
number of the owner of the mark identified above.
D. The goods and/or services covered by or offered
under the mark identified in B above.
E. The date of first use of the mark identified
above.
F. The date of first use in interstate commerce
of the mark identified above.
G. The mark the Complaining Party believes is
an infringement of its mark.
H. The goods and/ or services covered by or offered
under the mark claimed to be infringing.
I. The precise location of the mark that is claimed
to be infringing, including electronic mail address, etc.
J. A good faith certification, signed under penalty
of perjury, stating:
(i) that the mark [identify mark] infringes the
rights of another party,
(ii) the name of such said party,
(iii) the mark [identify mark] being infringed, and
(iv) that use of the mark [identify mark] claimed to be infringing
at issue is not defensible.
VII. Upon receipt of the appropriate information
identified in Section VI above, for Trademark Claims, AT&T
will initiate an investigation. While AT&T is investigating
the claim, AT&T, at its sole discretion and without any legal
obligation to do so, may notify the posting party it will suspend
the posting party's AT&T Worldnet® Service account and/or
if it is solely stored on an AT&T Worldnet® Service server,
temporarily remove or deny access to the challenged material.
VIII. If AT&T concludes that the Complaining Party has raised a legitimate Trademark Claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's AT&T Worldnet® Service account and/or if it is solely stored on an AT&T Worldnet® Service server, deny access to the challenged material. If AT&T concludes that Complaining Party has not raised a legitimate claim, AT&T will restore access to the challenged material.
IX. Notification to subscribers
and account holders. It is AT&T's policy to provide for the
termination, in appropriate circumstances, of AT&T's subscribers
and account holders who are repeat infringers of copyrighted works,
trademarks or any other intellectual property.