Internet Access Agreement - continued


6. HTC'S COMPLAINT RESPONSE PROCEDURES

HTC's dedication to customer service means that HTC takes seriously and attempts to respond to all complaints about its subscribers' use of the Internet. This means complaints by both HTC subscribers and complaints by other Internet users. HTC believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.

HTC will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about HTC subscribers.

HTC will respond to any complaint that involves online activities that are Prohibited/Abusive Activities. In particular, HTC will respond to complaints that material stored on its system at the direction of one of its subscribers or for system caching purposes or to which HTC provides a link or other reference infringes another person's copyright as provided for in the Digital Millennium Copyright Act (a "Copyright Complaint") or otherwise violates the criminal or civil laws of the United States, the several states or a foreign country.

Please note that HTC has designated an agent for receiving and processing such Copyright Complaints. The contact details regarding such agent are as follows:

Craig Hern
HTC Technologies Co.
12 Emerald Terrace
Suite C
Swansea, Illinois 62226
Telephone: 618-257-3737
Facsimile: 618-257-3739
Email:chern@htc.net

How to Submit a Complaint:

1. Form of Complaint

Complaints may be submitted by e-mail (abuse@htctech.net), fax, or mail.

2. What Information Should be Submitted

A. General Complaints

(i) The IP address used to commit the infraction.
(ii) The date on which the infraction was committed.
(iii) The time at which the infraction was committed (if applicable).
(iv) The time zone relevant to (b) and (c) above (if applicable).
(v) Some evidence of the infraction. E-mail with full header information provides all of the above criteria.
(iv) Other situations will require different methods of providing the above.

B. Copyright Complaints

If a complaining party wishes to make a Copyright Complaint, it should submit the following information:

(i) Identification of the copyrighted work claimed to be infringed (or if multiple works are claimed to be infringed at a single site, a representative list of such works).
(ii) Identification of the material that is claimed to be infringing or in the case of a reference or link, identification of the reference or link to the allegedly infringing material. Please provide information sufficient to locate such material or reference or link on HTC's system.
(iii) The address, telephone number, and/or email address of the complaining party or its client.
(vi) A statement that the complaining party or its client has a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the owner's agent or the law.
(v) A statement that the information being given is accurate.
(vi) If the complaining party is not the copyright owner, a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
(vii) A physical or electronic signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right.
(viii) If the material is stored on HTC's system for caching purposes, a statement confirming that the material has been removed or access-disabled from the originating site or that a court has ordered such removal or disabling.

If HTC receives a Copyright Complaint containing the information specified above, it shall promptly remove or block access to such materials.

C. Subscriber Counter Notice

However, if the complaint arises out of a claim that the infringing material was stored on HTC's system at the direction of one of its subscribers, HTC shall attempt to notify the relevant HTC subscriber of the action taken. If the subscriber believes in good faith that the material was removed or access blocked as a result of a mistake or misidentification, that subscriber may send a counter notice to HTC's agent. Such counter notice should include the following:

(i) Identification of the material that has been removed or to which access has been blocked and the location on the HTC system where the material appeared.
(ii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
(iii) The subscriber's name, address and telephone number.
(iv) A statement that the subscriber consent to the jurisdiction of the U.S. District Court for the federal district in which the subscriber resides and that the subscriber will accept service of process from the complaining party or its agent.
(v) The subscriber's physical or electronic signature.

Upon receipt of such an appropriate counter notice, HTC shall promptly replace the removed material and/or cease disabling access to it unless HTC first receives appropriate notice from the complaining party that it has filed a law suit seeking a court order to restrain the subscriber from engaging in the allegedly infringing activity.

D. Liability for Misrepresentations

Please note that any person who knowingly misrepresents to HTC that material is infringing shall be liable to HTC and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by HTC and/or the alleged infringer as a result of HTC's relying on such misrepresentation and removing or disabling access to such material.

Similarly, any person who knowingly misrepresents to HTC that the material was removed or access blocked by mistake or misidentification shall be liable to HTC and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by HTC and/or the copyright owner or its authorized licensee as a result of HTC's relying on such misrepresentation and replacing such removed or blocked material.

IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL HTC CUSTOMER SERVICE DEPARTMENT AT 618-257-3737.