Thursday, November 23, 2017

DMCA Policy


Mulchonline.com.com respects the intellectual property of others and expect the users of our site to do the same. It is our policy to respond to clear notices of alleged copyright infringement, in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.copyright.gov/legislation/dmca.pdf) The Address of Mulchonline.com’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed in this policy.

NOTICE TO OWNERS of COPYRIGHTED WORKS- The DMCA provides a legal procedure by which you can request mulchonline to disable access to content on it’s site where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure:(1) Writing a Proper DMCA Notice, and(2) Sending the Proper DMCA Notice to mulchonline’s Designated Agent.
HOW TO WRITE A PROPER DMCA NOTICE- A Proper DMCA Notice will notify mulchonline of particular facts in a document signed under penalty of perjury. We refer to this as a “Proper DMCA Notice”. To write a Proper DMCA Notice, please provide the following information:Identify yourself as either: a.) The owner of the copyrighted work(s), or b.) A person “authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 2. State your contact information, including your TRUE NAME, street address, telephone number and email address. 3. Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works. 4. Identify the material that you claim is infringing your copyrighted work, to which you are requesting that mulchonline disable access over the WORLD WIDE WEB. 5. Identify the location of the material on the WORLD WIDE WEB by providing “information reasonable sufficient to permit mulchonline to locate the material.” 6. State that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, it’s agents, or the law.” 7. State that the information in the notice is accurate, under penalty of perjury. 8. Sign the notice with either a physical or electronic signature.
SENDING THE PROPER DMCA NOTICE TO THE DESIGNATED AGENT-To exercise your DMCA rights, you must send your Proper DMCA notice to the following agent designated by mulchonline (the “Designated Agent”.) The contact information for mulchonline’s Designated Agent is : Keith Barker,mulchonline,3986 honeysuckle lane,rm.3,Conley, Georgia 30288, Phone:678-358-2713,EMAIL: keithebarker2000@yahoo.com Mulchonline will follow the procedures provided in the DMCA, which prescribe a notice and takedown procedure, subject to the content owner’s right to submit a Counter-notification claiming lawful use of the disabled works. It is expected that all users of any part of the mulchonline system will comply with applicable copyright laws. If mulchonline is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Mulchonline will comply with the appropriate provisions of the DMCA in the event a Counter notification is received by its Designated Agent. Notice to Users of mulchonline –
Pursuant to the Terms of Service you agreed to when you were permitted to become a Mulchonline User, you are required to use only lawfully-acquired creative works as mulchonline content, and any links or pages of Mulchonline website that contains your content may be disabled upon receipt of notice that infringing material is appearing there. Mulchonline also respects the legitimate interests of content owners in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint.

Your Site Usage privileges will also be suspended. You may protest a DMCA Notice by submitting a Counter-notification as described below.
Writing and Submitting a Counter-notification
To write a Proper Counter-notification, please provide the following information:

1. State that access to your Mulchonline account was disabled due to the operation of the Notice and Takedown procedure.

2. Identify the material that has been removed and designate its URL prior to removal.

3. State, under penalty of perjury:
a.) Your name, address and telephone number.
b.) That you have “good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material,”
c.) That you “consent to the jurisdiction of the Federal District Court for the judicial district in which the address is loated.”
d.) Your physical or electronic signature.

If a Counter-notice is received by the Designated Agent, Mulchonline may send a copy or the Counter-notice to the original complaining party informing the original claimant that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owners files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the Counter-notice, at Mulchonline’s discretion. Accommodation of Standard Technical Measures
It is Mulchonline’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works

Mulchonline may, in its discretion, use all appropriate means to terminate user access to its Site who are repeat infringers. Accommodation of Standard Technical Measures
It is Mulchonline’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Mulchonline has discretion to handle Non-Complaint Notices in whatever manner appears to be reasonable given the circumstances presented. The submission of misleading information of any sort in a Notification or Counter-notification submitted to Mulchonline voids any claim of right made by the submitting party.