It is the policy of XIT Telecommunication & Technology, Inc. d/b/a XITNET (“XIT”) to promptly process and investigate notices of alleged copyright infringement on sites under its control and to take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”) with respect to any claims of copyright infringement. Pursuant to the DMCA, XIT has designated an agent to receive notification of alleged copyright infringement occurring on its Web pages or computer servers. If you believe that your copyrighted work is being infringed on an XIT site, please notify our designated agent, preferably by email, at:
XIT Telecommunication & Technology, Inc.
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, you should:
1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
2. Describe the material that is claimed to be infringing and provide sufficient information to permit XIT to locate that material.
3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
4. Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
5. Certify that the information that you have provided XIT is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.
XIT may not be able to act on your complaint promptly or at all if you do not provide the information required in the “Contents of Notice.”
Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information that can help you determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.
Notice and Takedown Procedure
XIT expects all users of its system to comply with applicable copyright laws. However, if XIT is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. XIT will follow the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, putback of the alleged infringing material. Refer to the United States Copyright Office for a summary of the provisions of the DMCA.
Where it has been clearly established that a XIT user is a repeat offender, XIT may terminate that individual's account.
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