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Copyrighted Material The Digital Millennium Copyright Act The Digital Millennium Copyright Act (DMCA) was passed by Congress on October 28, 1998. The Act provides protection and requirements for Online Service Providers (OSPs). It also provides certain rights for the customers of an OSP who believe that another user of the service is violating a protected copyright interest of the person (or business) making the claim. When dealing with copyrighted material through its network, New Mexico Technet is a passive provider. This means that New Mexico Technet cannot place material online, modify content, or store information longer than necessary or know that it infringes someone else's copyright. Our systems operate automatically, and we cannot choose recipients of transmissions. As a user of our online service, you are entitled to certain rights if you determine that someone is using your copyrighted material online. You also have rights if someone accuses you or a copyright violation of their material. Since we are not required under the Act to actively monitor material on the internet, please notify our registered agent immediately that you believe a copyright violation has occurred. Our registered agent is:
In notifying our registered agent, you must do the following: (1) ensure the communication is in writing and signed; (2) identify the infringing party; (3) identify the copyrighted work and accused work; (4) state a "good faith belief" that the use of the material is unauthorized; (5) state that the information is accurate and that you have authority as the complaining party to act on behalf of the copyright holder. New Mexico Technet will notify the alleged offender and give them the time allowed by statute to remove or to respond to the complaint. If a determination is made that a copyright infringement appears to be occurring, we have the right, under the DMCA to terminate the online access of the repeat offender. As an OSP/ISP, New Mexico Technet are only required to take action when we have "actual knowledge" of the infringement. New Mexico Technet is exempt from liability for removing or disabling access to the accused material if it complies with notification requirements to the alleged offender within the statutorily allowed time frame. Further information on copyright law can be obtained from the Library of Congress at the following address:
or at: http://www.loc.gov/copyright/
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