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Digital Millennium Copyright Act

While Fidelity does not monitor, and is not responsible for, the content placed on web sites it hosts for subscribers, it will not allow access to materials that it has actual knowledge to be infringing of a third party's intellectual property rights. Such infringing materials will be removed from Fidelity's servers, and repeat offenders will have their account terminated.

You may not upload, post or otherwise distribute on a web site hosted by us, or through our system, anything protected by copyright or other proprietary rights unless the owner of the copyright or other proprietary rights has given you express authorization to do so.

Under the Digital Millennium Copyright Act ("DMCA," codified in relevant part at 17 U.S.C. - 512), copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing at an online location may contact, directly or through their authorized agents, the service provider hosting such online location and request that the infringing material be removed or access to it blocked. Fidelity has designated the following individual to receive notification of claimed infringement:

DMCA Internet Product Manager
64 North Clark Street
Tel: (573) 468-1026
Fax: (573) 468-7986
Email: dmca@fidnet.com

Any such notification must be in writing, and must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;
  2. A description of the copyrighted work claimed to have been infringed, including, if available, a URL where the copyrighted work exists or a copy of the copyrighted work;
  3. Identification of the material claimed to be infringing, including a URL or other specific location where the material can be found;
  4. The name, address, telephone number and e-mail address of the complaining party;
  5. A statement by the complaining party that it has a good faith belief that there is no legal basis for the use of the materials complained of; and
  6. 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.

Upon receipt of notification of claimed infringement, Fidelity will investigate and take appropriate action, which may include, promptly notifying the alleged infringer and removing or disabling access to the material.

Users who have had materials removed or blocked pursuant to the DMCA, and believe that the materials were removed or blocked wrongfully and do not infringe a third party's intellectual property rights should send a counter notification to Fidelity containing the following:

  1. A physical or electronic signature of the user;
  2. Identification of the material and its location before it was removed or disabled;
  3. A statement under penalty of perjury that the material was removed or disabled as a result of mistake or misidentification;
  4. The name, address, telephone number and e-mail address of the user; and
  5. A statement that the user consents to federal court jurisdiction in the district in which it resides, or if overseas, to jurisdiction in any district in which Fidelity may be found, and that the user will accept service of process from the party providing the initial notification.

Upon receipt of any such counter notification, Fidelity shall promptly provide a copy of it to the party providing the initial notification and shall replace, or restore access to, the material in not less than ten (10) days and not more than fourteen (14) days-provided that the party that submitted the initial notification does not first notify Fidelity's designated agent that it has filed an action seeking a court order to restrain the user from engaging in the allegedly infringing activity.

Fidelity advises that you should seek the advice of legal counsel before filing a notification or counter notification. There are substantial penalties for making false claims.

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