Details of Astream’s Policies Regarding Copyrights and the DMCA:
In particular, if you are a copyright owner or an agent thereof and believe that any User
Submission or other content posted on the Astream website(s) infringes upon
your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act
(“DMCA”) by providing our Designated Copyright Agent with the following information in writing
(see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Please contact Astream with any questions regarding copyright
infringement at websitemail ‘at’ Astream.com
In connection with User Submissions, you further agree that you will not:
(i) submit material that
is subject to protection under the copyright laws of the United States or any foreign country,
protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant Astream all of the license rights
granted herein;
(ii) publish falsehoods or misrepresentations that could damage Astream or any third party;
(iii) submit material that is unlawful, defamatory, libelous,
threatening, harassing, hateful, sexually explicit, or racially or ethnically offensive, or that
encourages conduct that would be considered a criminal offense, give rise to civil liability,
violate any law, or otherwise be inappropriate;
(iv) post advertisements or solicitations of
business; or
(v) impersonate another person. Astream does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and Astream expressly disclaims any and all liability in connection with User Submissions.
Astream does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and Astream will remove all Content and
User Submissions if properly notified that such Content or User Submission infringes on
another’s intellectual property rights pursuant to Section 5(D) below. Astream
reserves the right to remove Content and User Submissions without prior notice. Astream will also terminate a User’s access to its Network infrastructure, if they are determined
to be a repeat infringer. Astream will not be obligated to refund any unused portion
of a listing, membership or subscription fee if an account is terminated for repeat copyright
infringement. A repeat infringer is a User who has been notified of infringing activity more than
twice and/or has had a User Submission removed from the Website more than twice. Astream also reserves the right to decide whether Content or a User Submission is appropriate
and complies with these Terms of Service for violations other than copyright infringement and
violations of intellectual property law, including, but not limited to, whether a User Submission is
defamatory, excessively long, or otherwise violates these Terms of Service. Astream
may remove such User Submissions and/or terminate a User’s access for uploading such
material in violation of these Terms of Service at any time, without prior notice and at its sole
discretion.
