COPYRIGHTS ISSUES

Copyright Issues
Version 1.0 - 07/02/03
If you believe that your copyright or intellectual property has been violated in any way by one of our end users, then we would like to know about it. You will need to ascertain who the end user is and contact them in the first instance to try and resolve the issue. Please feel free to CC any communication you have with an end user to us at abuse@caladan.net as this may help expedite any subsequent complaint.

If you do not reach a satisfactory conclusion to your complaint within a reasonable timeframe (which we consider to be fourteen days) then please contact us and report the issue. We will investigate the matter and if the complaint is justified, we will take appropriate action to ensure there is no repeat of the incident.

Q. What do we consider 'appropriate action'?
A. If our investigation shows that one of our end users has clearly violated your copyright or intellectual property, we will request that the material be removed immediately from the server. If the end user removes the material quickly (within seven days of us contacting them) then we will take no further action. Any subsequent civil action you may feel is required (e.g. claims for loss of revenue, etc) should be directed against the end user. We consider our duty discharged once the material has been removed.

If we receive a second justifiable complaint against an end user, we will terminate their account for breach of contract.

Q. What do I need to send you when complaining?
A. We work on the principle that everyone is 'innocent until proven guilty' so you would need to provide us with satisfactory evidence that a transgression has taken place. If the issue is regarding online content (i.e. pages on a website) then we require an e-mail specifying a list of URL's on the end users site, the corresponding URL's on your site, and a description of where and why you feel your copyright or intellectual property has been violated.

If your site is protected in any way (e.g. a members only site) you will need to provide us with temporary access to your site so that we can carry out our investigation. If the end users site is protected in any way, we will obtain temporary access from them.

Please Note: If the complaint is regarding online content, then we need to be able to view the online content, sending printed copies of a 'members only' website, not accessible online is not an acceptable form of evidence. The only reason for you to contact us to complain is so the material in question can be removed in a timely fashion. We are not responsible for the content of an end users website and any arguments as to the copyright ownership should be settled between you and the end user, our only duty is to remove any material who's copyright is or appears to be in question.

Q. How will we determine if the end user is violating your copyright?
A. After examining the online content of each site, we will take a view as to the similarity of the two sites. If it is, in our opinion, similar in whole or in part then we will assume there may be a copyright violation. We will always err on the side of caution and find in the complainants favour if the evidence is not absolutely clear, pending further clarification. In other words, if we are not 100% sure that there hasn't been a transgression, we will insist on the removal of the material until the end user can prove to us that the material is permitted.

Q. What if the end user doesn't remove the material?
A. We will allow the end user seven days to remove the material. If after seven days the end user has not removed 100% of the material in question, we will either remove the material ourselves or, if this is not practical, shut down the site until the material has been removed.

Q. What if I need to complain about other material, not online?
A. If you have any complaint concerning copyright issues against one of our end users you must contact them directly in the first instance. If you have not been able to do so, then by all means contact us and we will contact the end user on your behalf and request that they contact you. We will only get directly involved in any dispute in order to ensure that any copyright material is not being transmitted from a server within our IP range. We are not responsible for the content of an end users website, e-mail or any other form of electronic document produced by the end user. Our only responsibility is to ensure that any such material is not sent from a server using an IP address within our range. We do not monitor our end users data, so the only way we would be aware of such material is when we are consequently contacted.

Please Note: We will endeavour to respond to any complaint within one working day. All complaints must be e-mailed to abuse@caladan.net We cannot guarantee a quick response to e-mails concerning complaints sent to any other address than the one specified above.