COPYRIGHT POLICY AND COMPLAINT PROCEDURE
Higher Ground, LLC (Higher Ground) respects the intellectual property rights of others and expects its users to do the same. It is Higher Ground’s policy in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Higher Ground will respond expeditiously to claims of copyright infringement committed using Higher Ground’s services that are reported to Higher Ground’s Designated Copyright Agent, identified below.
If you are a copyright owner or its enforcement agent and you have a good faith belief that Higher Ground is storing or displaying material that you believe infringes your copyright(s), you as the copyright owner or agent may send written notification of claimed infringement to Higher Ground’s designated agent (see below for contact information) pursuant to 17 U.S.C. § 512(c). Upon receipt of that notification, Higher Ground will take whatever action, in its sole discretion, it deems appropriate, including removal of the material identified in the notification. The notification must contain the following information as set forth in 17 U.S.C. § 512(c)(3):
- Your physical or electronic signature as a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 Higher Ground to locate the material;
- Your mailing address, telephone number and email address;
- Your statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Your statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.
Higher Ground responds to effective and complete notices of intellectual property violations that provide specific information for us to identify and locate the allegedly infringing materials. In appropriate instances, we will remove allegedly infringing materials. Upon review, we may decline to remove allegedly infringing materials – for example, if we determine they are not infringing, if we lack adequate information to determine that they are infringing, if we are unable to find the accused materials, or if the materials are protected by the fair use doctrine, among other reasons.
All notifications of claimed infringement should go to Higher Ground’s designated agent at the following address:
DMCA Designated Agent
Attn: Legal Department
Higher Ground LLC
2225 E. Bayshore Road Suite 200
Palo Alto, CA 94303