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Copyright Infringement and DMCA Policy

General.  INFUSEWEB, LLC (“INFUSEWEB”) respects and wants to protect the rights of copyright owners.  We ask all subscribers to pay special attention to avoid violating copyright laws and regulations.  Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of copyright holders' rights.  You should be aware that some of the images, music, podcasts or other material that other INFUSEWEB subscribers may make available on the INFUSEWEB service might have been created or distributed without the copyright owners' authorization.  Your license to use and access the INFUSEWEB service is subject to the condition that you shall not infringe the intellectual property rights of others in any way.  INFUSEWEB reserves the right to terminate the account of any INFUSEWEB subscribers with repeat copyright infringements.

Digital Millennium Copyright Act.  INFUSEWEB will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”) (the text of which can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/ ) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.  If INFUSEWEB removes or disables access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the person authorized to act on behalf of the alleged infringer with respect to the affected material so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. INFUSEWEB will document all notices of alleged infringement on which we act.

Infringement Notification.  INFUSEWEB does not and will not monitor the information subscribers feed, transmit or store on the INFUSEWEB service.  INFUSEWEB believes that monitoring subscribers would amount to an invasion of their privacy.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated please file a notice of infringement with us.  This notice should be in the form of a written communication sent via regular mail that sets forth the items specified below.  Please note that you could be liable for damages (including costs and attorneys' fees) if you materially misrepresent that another’s material is infringing your copyrights.  Please send your notice by regular mail to:

Infuseweb, LLC
Attn: President
9901 IH 10 West, Suite 800
San Antonio, Texas 78230

To be effective, and to expedite our ability to process your request, your notice must include the following:

  • 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 us to locate the material;
  • Information reasonably sufficient to permit INFUSEWEB to contact you, such as your address, telephone number, and if available, your email address (email address is preferred);
  • 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;
  • A statement by you that the information in the notification is accurate, made under penalty of perjury, and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • Your written signature.

Upon our receipt of the written Notification containing the information as outlined above:

  • INFUSEWEB shall remove or disable access to the material that is alleged to be infringing;
  • INFUSEWEB shall forward the written notification to such alleged infringer;
  • INFUSEWEB shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter Notification.  The alleged infringer who made available the material which is claimed to have infringed another’s copyright may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA.  To file a counter notification with INFUSEWEB, the alleged infringer must provide a written communication via regular mail that sets forth the items specified below.  Please note that you could be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your material is not infringing the copyrights of others.  Please send your Counter Notification to:

Infuseweb, LLC
Attn: President
9901 IH 10 West, Suite 800
San Antonio, Texas 78230

To be effective, a Counter Notification must include the following:

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • Your name, address, and telephone number; and
  • The alleged infringer’s written signature.

Upon our receipt of a Counter Notification containing the information as outlined above, INFUSEWEB shall:

  • promptly provide the person who filed the Infringement Notification (“Complaining Party”) with a copy of the Counter Notification;
  • inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days; and
  • shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided INFUSEWEB has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on INFUSEWEB’s service.

This DMCA policy was updated on April 13, 2006.