Domain Name Resolves to Website Where. Copyright Is Allegedly Infringed. Provider shall not be required to comply with a Request unless the Requester provides to Provider verifiable evidence of wrongdoing, including: 2.2.1. The exact URL where the allegedly infringing work or infringing activity is located, or a representative sample of where such work or activity is located; 2.2.2. Evidence of previous use of a Relay function (compliant with the relevant section of accreditation standards regarding Relay) to attempt to contact the Customer with regard to the subject matter of the request, if any, and of any responses thereto, if any. Requesters are also encouraged (but not required under this Specification) to provide evidence of previous attempts to contact the web host or the domain name registrar with regard to the subject matter of the request, if any, and of any responses thereto, if any; 2.2.3. Full name, physical address, email address, and telephone number of the copyright holder; and for legal entities, the country where the copyright holder is incorporated or organized; 2.2.4. Authorized legal contact for the copyright holder and his/her name, law firm (if outside counsel), physical address, email address and telephone number for contact purposes; 2.2.5. Information reasonably sufficient to identify the copyrighted work, which may include, where applicable, the copyright registration number and the country where the copyright is registered; 2.2.6. If possible, the exact URL where the original content that is alleged to being infringed upon is located (if online content) or where the claim can be verified; and 2.2.7. A good faith statement, either under penalty of perjury or notarized or accompanied by sworn statement, from either the copyright holder or an authorized representative of the copyright holder, that: 2.2.7.1. Provides a reasonable basis for copyright holder’s belief that the use of the copyright content on the website (i) infringes the copyright holder’s rights and (ii) is not defensible. 2.2.7.2. Provides a basis for copyright holder believing that the copyright protection extends to the locale the website targets; 2.2.7.3. States that Requester and the copyright holder will comply with all applicable data protection laws while retaining Customer’s contact details and will use Customer’s contact details only (i) to determine whether further action is warranted to resolve the issue, (ii) to attempt to contact Customer regarding the issue; or (iii) in a legal proceeding concerning the issue; and 2.2.7.4. Agrees that the Requester and the copyright holder will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) where the Requester or copyright holder is incorporated or organized (or of its home address, if an individual), and (2) where Provider specifies on its request form, solely for disputes arising from alleged improper disclosures caused by knowingly false statements made by the Requester, or from Requester’s or copyright holder’s knowing misuse of information disclosed to it in response to its request. 2.2.8. Where the signatory is not the copyright holder, the signatory must attest that the signatory is an authorized representative of the copyright holder, capable and qualified to evaluate and address the matters involved in this request, and having the authority to make the representations and claims on behalf of the copyright holder in the request, including the authority to bind the copyright holder to the limitations on the use of Customer data once disclosed. 2.2.9. Where the signatory is not the rights holder, an officer of the rights holder (if a corporate entity) or an attorney of the rights holder, and Provider has a reasonable basis to believe that the Requester is unauthorized to act on behalf of the rights holder or seeks to verify a new or unknown Requester, Provider may request, and the Requester shall provide, sufficient proof of authorization.
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Samples: Accreditation Agreement, Accreditation Agreement, Accreditation Agreement
Domain Name Resolves to Website Where. Copyright Is Allegedly Infringed. Provider shall not be required to comply with a Request unless the Requester provides to Provider verifiable evidence of wrongdoing, including:
2.2.1. The exact URL where the allegedly infringing work or infringing activity is located, or a representative sample of where such work or activity is located;
2.2.2. Evidence of previous use of a Relay relayRelay function (compliant with the relevant section of accreditation standards regarding Relay) to attempt to contact the Customer with regard to the subject matter of the request, if any, and of any responses thereto, if any. Requesters are also encouraged (but not required under this SpecificationPolicy) to provide evidence of previous attempts to 12 Note to IRT: Please confirm that revisions are acceptable. contact the web host or the domain name registrar with regard to the subject matter of the request, if any, and of any responses thereto, if any;
2.2.3. Full name, physical address, email address, and telephone number of the copyright holder; and for legal entities, the country where the copyright holder is incorporated or organized;
2.2.4. Authorized legal contact for the copyright holder and his/her name, law firm firm, (if outside counsel), physical address, email address and telephone number for contact purposes;
2.2.5. Information reasonably sufficient to identify the copyrighted work, which may include, where applicable, the copyright registration number number, and the country where the copyright is registered;
2.2.6. If possible, the exact URL where the original content that is alleged to being infringed upon is located (if online content) or where the claim can be verified; and
2.2.7. A good faith statement, either under penalty of perjury or notarized or accompanied by sworn statement, from either the copyright holder or an authorized representative of the copyright holder, that:
2.2.7.1. Provides a reasonable basis for copyright reasonably believingcopyright holder’s belief that the use of the copyright content on the website (i) infringes the copyright holder’s rights and (ii) is not defensible.
2.2.7.2. Provides a basis for copyright reasonablycopyright holder believing that the copyright protection extends to the locale the website targets;
2.2.7.3. States that Requester and the copyright holder will comply with all applicable data protection laws while retaining Customer’s contact details and will use Customer’s contact details only (i) to determine whether further action is warranted to resolve the issue, (ii) to attempt to contact Customer regarding the issue; or (iii) in a legal proceeding concerning the issue; and
2.2.7.4. Agrees that the Requester and the copyright holder will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) where the itthe Requester or copyright trademark holder is incorporated or organized (or of its home address, if an individual), and (2) where Provider specifies on its request form, solely for disputes arising from alleged improper disclosures caused by knowingly false statements made by the Requester, or from Requester’s or copyright holder’s knowing misuse of information disclosed to it in response to its request.
2.2.8. Where the signatory is not the copyright holder, the signatory must attest that the signatory is an authorized representative of the copyright holder, capable and qualified to evaluate and address the matters involved in this request, and having the authority to make the representations and claims on behalf of the copyright holder in the request, including the authority to bind the copyright holder to the limitations on the use of Customer data once disclosed.
2.2.9. Where the signatory is not the rights holder, an officer of the rights holder (if a corporate entity) or an attorney of the rights holder, and Provider has a reasonable basis to believe that the Requester is unauthorized to act on behalf of the rights holder or seeks to verify a new or unknown Requester, Provider may request, and the Requester shall provide, sufficient proof of authorization.and
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