Information about http://www.maiahost.com/CopyrightInfringementPolicy.pdf

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Tags: applicable laws, computer programs, copyright infringement, copyright law, copyright legislation, creative web, digital millennium copyright act, everyday practice, images, infringement policy, intellectual property infringement, laws and regulations, loc, music, patent trade, registration numbers, software programs, web based solutions, web pages, woodside ny,
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Language: english
Created: Mon May 22 19:43:42 2006
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                   Psionic Studios, LLC
                   Creative Web Based Solutions for Growing Businesses        Tel. (646) 536-9268
                   www.psionic-studios.com                                    Fax. (646) 349-2677
                   37-28 61st Street                                          info@psionic-studios.com
                   Woodside NY, 11377


                         Copyright Infringement Policy
The Digital Millennium Copyright Act available online here
http://lcweb.loc.gov/copyright/legislation/hr2281.pdf, signed into law on October 28, 1998, amended
the copyright law to provide regulations for the Internet. Psionic Studios, LLC (PSIONIC-
STUDIOS) and its web hosting division Maiahost.COM are committed to strictly apply this new
law as well as all other applicable laws and regulations in its everyday practice.

1. PSIONIC-STUDIOS strictly prohibits any and all of the following: copyright, trademark,
patent, trade secret or other intellectual property infringement, including but not limited to using
any copyrighted names, text or images, offering pirated computer programs or links to such
programs, serial or registration numbers for software programs, copyrighted music, etc.

2. All PSIONIC-STUDIOS clients are hereby advised that they can be held legally liable for the
content of their web pages and may be held legally accountable if their web pages include
material protected by copyright, trademark, patent or trade secret laws without the permission of
the owner.

3. PSIONIC-STUDIOS will not review the content of customer's web pages. The customer is
solely responsible for everything contained in his (her) web pages. PSIONIC-STUDIOS will not
verify, endorse or otherwise control the contents of any of customer's web pages. All opinions
and views expressed at the web sites belong to the respective owner and are NOT supported by
PSIONIC-STUDIOS.

4. By using PSIONIC-STUDIOS 's services, the customer agrees to indemnify and hold harmless
PSIONIC-STUDIOS any loss, liability, claim, damage, attorney's fees and other expenses arising
from or in connection with the contents of customer's web pages.

5. PSIONIC-STUDIOS shall not be liable under any circumstances for any special,
consequential, incidental or exemplary damages arising out of or in any way connected with
PSIONIC-STUDIOS services, including but not limited to damages for copyright infringements,
lost profits, loss of use, lost data, loss of privacy, damages to third party, even if PSIONIC-
STUDIOS has been advised of the possibility of such damages. The foregoing limitation of
liability shall apply whether any claims based upon principles of contract, warranty, negligence
or other sort, 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.



Agreed and Accepted,

_________________                _______________
Signature                        Date

______________________________
Print Name and Account Number



Psionic Studios, LLC Hosting Division (Maiahost.com)                     Copyright Infringement Policy   1
6. PSIONIC-STUDIOS reserves the right to terminate the services without compensation if it
believes in good faith that there is a copyright infringement. PSIONIC-STUDIOS will make such
decisions at its sole discretion.

7. PSIONIC-STUDIOS has a special agent designated to handle all copyright issues, registered
with the Government Register of Copyrights as required by the law.

8. All inquires about copyright infringement should be forwarded to PSIONIC-STUDIOS's agent.
The agent's name and contact information is listed here http://lcweb.loc.gov/copyright/onlinesp/list/

9. All complaints must provide all the information requested by the law and including the
following:
        o Contact information.
        o Statement from the copyright holder or its representative that in good faith, the
information is believed to be infringing.
        o A signature or equivalent from the copyright holder
        o A list identifying the works potentially being infringed upon
        o Information about the location of the infringing material that the copyright holder seeks
to be removed/blocked, with sufficient details to allow the removing/blocking.
        o Statement from the person complaining that the information supplied is accurate, and,
under penalty of perjury, that the person complaining is authorized to be making the complaint.

10. Upon receiving of complaint, PSIONIC-STUDIOS's agent will decide within 7 days whether
there is an obvious copyright infringement. If this is the case PSIONIC-STUDIOS will terminate
the services ( close the account ) in accordance with item 6. Customer will be notified by e-mail
about the complaint and the termination action.

11. If there is not obvious copyright infringement the agent will pass the complaint to the
PSIONIC-STUDIOS customer and will temporarily put the services on hold. In this case the
customer has two options - to defend the case or to give it up.

11.1. Defending the case. Customer must pay $80 processing fee to PSIONIC-STUDIOS and
deposit $5,000 retainer for PSIONIC-STUDIOS potential legal expenses in accordance with item
4. Customer must provide counter-notice in writing containing:
       o contact information
       o statement that the original complaint is groundless and reasons why.
       o consent to a jurisdiction in a federal court.
       o consent in writing to pay the above fees and to pay all legal fees for PSIONIC-
STUDIOS (if any) in accordance with item 4. above. PSIONIC-STUDIOS agent will pass the
counter-notice to the copyright holder. If both parties reach an out of court resolution PSIONIC-
STUDIOS will act in accordance with such resolution. If a lawsuit is filed within 21 days the ..


Agreed and Accepted,

_________________             _______________
Signature                     Date

______________________________
Print Name and Account Number



Psionic Studios, LLC Hosting Division (Maiahost.com)             Copyright Infringement Policy     2
account will remain on-hold until a judgment or settlement is achieved. If no lawsuit is filed
within 21 days from the date of the original complaint, the account will be re-activated. The $80
processing fee is not refundable. Any unused portion of the $5,000 retainer is refundable within 7
days from the resolution of the case.

11.2. Giving up the case. This is the default option. PSIONIC-STUDIOS will close customer's
account if it doesn't hear from the customer within 7 days from the notice or if the customer fails
to deposit the appropriate fees as per item 11.1. PSIONIC-STUDIOS will notify both the
customer and the copyright owner that the content subject to the complaint has been removed
permanently from its servers.

12. PSIONIC-STUDIOS will not provide customer with any compensation for down time or
termination of the account. Prepaid accounts will not be prorated. No refunds. PSIONIC-
STUDIOS will wave the setup fee, if the account needs to be re-activated.

13. PSIONIC-STUDIOS will keep a log of all copyright infringement complaints.

14. PSIONIC-STUDIOS will deny services unconditionally to anyone who is considered as a
repeated offender of the copyright laws.

15. PSIONIC-STUDIOS will collaborate with other Internet Service Providers to the full extent
of the law in order to reduce copyright infringement on the Internet.

16. PSIONIC-STUDIOS will notify all its existing customers about this document by an one-time
e-mail. New customers will be notified about this document by the welcome letter and at the
subscription form.

17. This policy does not replace the Service Agreement, and Acceptable Use Policy (AUP) which shall
remain in full force.

Rev. 01 - 05/22/2006




Agreed and Accepted,

_________________              _______________
Signature                      Date

______________________________
Print Name and Account Number


Psionic Studios, LLC Hosting Division (Maiahost.com)             Copyright Infringement Policy        3