POLICIES AND TERMINATION OF A SUBSCRIBER'S ACCOUNT FOR INFRINGEMENT OF USENETXP AUP

Upon notification to netxp of a claimed copyright infringement for usenetxp services as described below, netxp will remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity pursuant to the following terms and conditions:

  Notice of Claimed Infringement: All notices of claimed copyright infringement must be in writing and sent to the designated agent for usenetxp usenet services. The Notice of claimed infringement MUST contain the following pursuant to the Digital Millennium Copyright Act:

*A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

* Identification of the copyrighted work claimed to have been infringed, or a list of multiple copyrighted works claimed to have been infringed; and

* Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit netxp to locate the material;

* Information reasonably sufficient to permit netxp to contact the complaining party, including name, address, telephone number and electronic mail address.

* A statement that the complaining party has a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  Misrepresentations. Any person who knowingly materially misrepresents that material or an activity is infringing or that material or activity was removed or disabled by mistake or misidentification, shall be liable to netxp for any damages, including costs and attorney's fee, incurred by netxp in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

  Termination of Subscriber's Account. In the event a subscriber, user, or usenetxp account holder uses or posts infringing material or conducts an infringing activity on Usenet, and if netxp has direct knowledge of said infringing material or activity, it is the policy of netxp that it may terminate the infringing Subscriber's usenetxp usenet account so long as such termination does not interfere with "standard technical measures" as defined under the Digital Millennium Copyright Act.

  Designated Agent. The usenetxp service, provided by netxp, designated agent to receive notifications of claimed copyright infringement is: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , ATTN: DCMA Notice.