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Stream.JoinWeb's Abuse Policy
Section 9.1. Copyright, Trademark & Patent Infringement and Abuse Notification Procedure.
Section 9.2. Notification of Claimed Infringement Related to Stream.JoinWeb's Patents, Marks and/or Logos. A notification of claimed infringement related to any of Stream.JoinWeb's patents, marks and/or logos should be a written communication and addressed to the designated Trademark, Patent, & Copyright Counsel as set forth above and with a copy to the Designated Stream.JoinWeb Contact.
All other notification of claimed infringement related to any content, which includes any and all text, graphics, images, illustrations, video, audio, animation, designs or logos, of Stream.JoinWeb or that of Stream.JoinWeb's Customers, whether displayed on Stream.JoinWeb's Web site, Stream.JoinWeb's Customer's Web site, or on the Web site or email of a third or independent party, should be a written communication addressed to the designated Stream.JoinWeb Contact. All notification to either or both contacts should comply or substantially comply with the Digital Millennium Copyright Act, which includes substantially all of the following:
- A physical or electronic signature of the owner (or person authorized
to act on behalf of the owner) of an exclusive right that is allegedly
infringed;
- Specific identification of the copyrighted, trademark or patented
work claimed to have been infringed, or if multiple works are covered
by a single notification, a list of each work claimed to have been infringed;
- Information related to the work(s) reasonably sufficient for Stream.JoinWeb
to promptly locate the work (e.g. title of work, URL location (complete
Web site address) within Stream.JoinWeb's Web site, Stream.JoinWeb's Customer's
Web site, or that of a third party Web site, etc.);
- Information reasonably sufficient to permit Stream.JoinWeb to directly
contact the complaining party, such as a complete name and address,
telephone number, and an email address;
- A statement that the complaining party has a good faith belief that
use of the work(s) in the manner complained of is not authorized by
the copyright owner, its agent, or the law;
- A statement requesting that Stream.JoinWeb take a specific act with respect
to the alleged infringement (e.g., removal, access restricted or disabled);
and
- 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.
Section 9.4. Notification of Claimed Infringement of Third Party Postings.Stream.JoinWeb provides streaming media services for over a thousand customers who play their own audio, video and multimedia over the Internet. Like an Internet Service Provider that provides Web site hosting services for their customers, Stream.JoinWeb provides media hosting services for Stream.JoinWeb's Customers. Given that Stream.JoinWeb may host a million or more data files of media at any given time, Stream.JoinWeb cannot and does not actively monitor, endorse, approve, screen, or consider the Customer's material nor does Stream.JoinWeb exercise any editorial control over the content of any material that Stream.JoinWeb's Customer uploads into Customer's Account at Stream.JoinWeb. As a Customer may activate Stream.JoinWeb's services in real-time over the Internet, gaining immediate access to the service, Stream.JoinWeb is limited in its time-to-action to block usage of the service to a Customer, and limited in its ability to block a Customer if such Customer re-subscribes to Stream.JoinWeb's service under a unique identification or email address. Customers of Stream.JoinWeb may display Customer's content on an auto-generated Showcase Web page at Stream.JoinWeb, Customer's own Web site, the Web site of a third party or that via e-mail. Stream.JoinWeb does reserve the right to remove any/or all of Customer's material from Stream.JoinWeb's service, or to suspend the Customer's service, that are, in Stream.JoinWeb's discretion, potentially illegal, a violation of Trademark and/or Copyright, or may subject Stream.JoinWeb to liability, or violate Stream.JoinWeb's Acceptable Use Policy. Upon receipt of a notification of claimed infringement of any Customer content, Stream.JoinWeb shall notify that Customer of receipt of a notification of claimed infringement and provide that Customer with a copy of the notification submitted to Stream.JoinWeb.
Section 9.5. Stream.JoinWeb Showcase Web Pages. Stream.JoinWeb's Showcase Web page is an online, customizable tool that is packaged with each Customer's Service that enables the Customer to self-generate a showcase Web page that will present Customer's media to a viewer. Stream.JoinWeb's Customers accomplish this by constructing a custom "link" that must include identifiable Customer and file information. Customer may then submit this custom "link" to a viewer by email, post on a Web site, or other similar means. When clicked on by the viewer, a Web page will auto-generate from a pre-defined template, around the Customer's media. These Showcase Web pages build in real-time inside the viewer's Web browser and do not exist as actual Web page files like ordinary Web site Web pages exist on a Web server. Given that Stream.JoinWeb's Customers may create and send these auto-generated Web pages over the Internet at any given time, Stream.JoinWeb cannot and does not actively monitor, endorse, approve, screen, or consider the Customer's material that Customer inserts into a Customer-generated Stream.JoinWeb Showcase Web page, nor does Stream.JoinWeb exercise any editorial control over such content. If a notification of Claimed Infringement or other violation is being submitted of any work displayed inside of a Stream.JoinWeb Showcase Web page, it is essential that the complete "link" (full Web page URL) be provided to Stream.JoinWeb in order to identify the Customer and specific file for which the infringement is being claimed. Otherwise, identifying the Customer and media file will prove nearly impossible.
Section 9.6. All Other Claimed Infringement, Violation or Abuse.
All other notification of claimed infringement, violation or abuse should be submitted to the designated Stream.JoinWeb Contact depicted in Section 9.1, with sufficient information to properly identify and research the claimed infringement, violation and/or abuse and to properly respond to the person or entity submitting the notification.
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