TERMINATION POLICY FOR VIOLATION OF COPYRIGHT

Augustana College is an "online service provider" as defined by the Digital Millennium Copyright Act (DMCA) [Public Law 105-304].

Responsibility: Users of the Internet services of Augustana College are responsible for compliance with all copyright laws pertaining to information that they place on the Internet using College facilities.

Termination of privileges: Use of the College's online services will be terminated for anyone who violates the copyright provisions of the United States Code on the third notice of violation by the College.

Designated Agent: The Augustana College "Designated Agent", as provided for by the DMCA, for notification of possible violations of copyright is:

Take Down: Augustana College will expeditiously remove and/or block access to material posted by a user upon notice of infringement of copyright provided to the Designated Agent by the United States Copyright Office.

Notice: The individual responsible for posting material suspected of copyright infringement will be promptly notified by the Designated Agent and will be provided with the following information:

• Name and address of the complaining party;
• Sufficient information to identify the copyrighted work or works; and
• A statement from the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.

Put Back: If the individual receiving notice of improper use believes that the material in question is being used lawfully, a "counter notice" should be provided to the Designated Agent and Augustana College will restore access within 14 days of the counter notice, unless the matter has been referred to a court. The Counter Notice must contain the following:

• The individual's name, address, phone number and signature;
• Identification of the material and its location before removal;
• A statement, under penalty of perjury, that the material was removed by mistake or misidentification on the part of the complainant; and
• Consent to local Federal court jurisdiction.

Privacy Rules: Under the DMCA, Augustana College may be obligated to provide names of individuals using its online services upon the order of a Federal court. The College will safeguard the privacy of a user's identity on the Internet to the full extent of the law.

Circumvention of Protection Technologies: The DMCA prohibits the "circumvention" of any effective "technological protection measure" (e.g., a password or a form of encryption) used by a copyright holder to restrict access to its material.

Further Information: Questions about compliance with the DMCA at Augustana College may be addressed to the Designated Agent listed above.