is a not-for-profit membership organization that provides health benefits to Michigan school employees. MESSA hosts a Web site at www.messa.org for the purpose of providing MESSA members with online access to member services in a secure environment and communicating important health information to MESSA members.
2. MESSA’S ACCEPTABLE USE POLICY FOR EMPLOYEE USE OF EMPLOYER-PROVIDED INFORMATION TECHNOLOGY
As an ordinary and necessary business function MESSA provides an information technology system, including email service and a work network, to its employees to facilitate the conduct of work on behalf of the organization and its members. MESSA adopted an Acceptable Use Policy November 8, 2005 which governs access to and use of the employer-provided information technology system to employees for the following purposes:
- To provide resources which will enhance the employee’s ability to perform assigned job functions;
- To assist in the collaboration and exchange of information;
- To enhance information gathering and communication skills; and,
- To facilitate personal growth in the use of technology.
The Acceptable Use Policy prohibits improper use of the employer-provided information technology system by employees, including the distribution of copyrighted materials in a manner that is not authorized by the copyright owner or the law, and provides for appropriate penalties and discipline.
3. CLAIMS OF COPYRIGHT INFRINGEMENT.
If a party (the “Complaining Party”) wishes to notify MESSA regarding a claim of copyright infringement regarding content distributed by an authorized user of MESSA’s employer-provided information technology system, the Complaining Party must notify MESSA of such claim of copyright infringement in writing at:
Michigan Education Special Services Association
1475 Kendale Blvd.
P.O. Box 2560
East Lansing, MI 48826-2560
Joseph H. Firestone
Phone No.: 517.337.5450
Fax No.: 517.203.2909
Email address: firstname.lastname@example.org
4. CONTENTS OF NOTICE OF CLAIMED INFRINGEMENT.
To be valid, a Complaining Party’s notice to MESSA of a claim of copyright infringement must:
- Identify the copyrighted work(s) claimed to have been infringed;
- Identify the material claimed to have been infringed or to be the subject of infringing activity;
- Request that the material be removed or access to the same be disabled;
- Contain information sufficient to permit MESSA’s Designated Agent to locate the material or content at issue, and to identify the appropriate user who allegedly distributed copyrighted materials in violation of the law;
- Contain information reasonably sufficient to permit MESSA’s Designated Agent to contact the Complaining Party such as an address, telephone number, and, if available, an email address at which the Complaining Party may be contacted;
- Contain a statement that the Complaining Party has a good faith belief that the distribution of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
- Contain a statement that the information in the notice is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the copyright owner of the material which has been allegedly infringed upon; and
- Contain a physical or electronic signature of the Complaining Party or his/her/its authorized agent.
5. MESSA’S ACTION IN RESPONSE TO COMPLAINING PARTY’S NOTICE.
Upon MESSA’s receipt of a Complaining Party’s valid written notice of a claim of copyright infringement pursuant to paragraphs 3 and 4 above, and MESSA’s Designated Agent will investigate the alleged infringement of copyright outlined in the complaint. If the complaint is deemed to be valid, MESSA will:
- Remove or disable access to the material or content that is claimed to be infringing; and
- Take reasonable steps to notify the alleged infringer that it has removed or disabled access to the allegedly infringing material on or linked to the alleged infringer’s Web site.
6. CONTENTS OF COUNTER NOTIFICATION.
You may provide MESSA’s Designated Agent with a written counter notice in response to the Complaining Party’s valid notice of a claim of copyright infringement in a manner provided in paragraph 3 above. To be valid, your counter notice must:
- Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Contain a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material removed or disabled;
- Contain your name, address, telephone number and a statement that you consent to the jurisdiction of the Federal District Court for which your address is located and that you shall accept service of process from the Complaining Party or his/her/its authorized agent; and
- Contain your physical or electronic signature or the physical or electronic signature of your authorized agent.
7. MESSA’S ACTION IN RESPONSE TO COUNTER NOTIFICATION.
Upon MESSA’s Designated Agent’s receipt of your valid counter notice pursuant to paragraphs set forth above, MESSA’s Designated Agent will:
- Promptly forward to the Complaining Party a copy of the counter notice at issue; and
- Inform the Complaining Party that it will replace the removed material and cease the disabling access to the same in not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice from the alleged infringer unless MESSA’s Designated Agent first receives notice from the Complaining Party or its authorized agent that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on MESSA’s system or network.
8. REPEAT INFRINGERS.
It is MESSA’s policy to terminate a user’s privileges, in appropriate circumstances and at MESSA’s sole discretion, who is a repeat infringer of copyrighted works, trademarks or any other intellectual property.