If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.
RESPECTING INTELLECTUAL PROPERTY
Heartbit Computer Solutions, Inc. ("Heartbit Computer Solutions") supports the protection of intellectual property and is committed to helping trademark, service mark and copyright owners protect their intellectual property rights. To that end, Heartbit Computer Solutions has established the following policies concerning claims for trademark and/or copyright infringement.
TRADEMARK CLAIMS
If you would like to submit a claim for violation of a trade mark or service mark for which you hold a valid registration with the intellectual property organization of your country (the "Registered Mark"), please submit the following information:
- Sufficient evidence that the party posting the purportedly infringing mark is a Heartbit Computer Solutions customer;
- An identification of the Registered Mark that you claim is being infringed;
- The jurisdiction or geographical area to which the Registered Mark applies;
- The name, post office address and telephone number of the owner of the Registered Mark;
- The goods and/or services covered by or offered under the Registered Mark;
- The date of first use of the Registered Mark;
- For trademarks registered in the United States, the date of first use in interstate commerce of the Registered Mark;
- For trademarks registered in countries other than the United States, the date on which the intellectual property organization of that country issued a registration for the Registered Mark;
- The mark that you believe infringes your Registered Mark;
- The goods and/or services covered by or offered under the mark claimed to be infringing.
- The precise location of the infringing mark, including electronic mail address and URL;
- A good faith certification, signed under penalty of perjury, stating:
- The mark [identify mark] infringes the rights of another party,
- The name of such said party,
- The mark [identify mark] being infringed, and
- That use of the mark [identify mark] claimed to be infringing at issue is not defensible.
Please send the notification to Heartbit Computer Solutions, Inc., at one of the following addresses:
HeartBit Computer Solutions
Physical Address: Hazina Towers 9th Floor PSC Wing
Postal Address: P. O. Box 32499 - 00600 Nairobi
Tel : 020 2241449 / 2211447 / 2241479
24/7 Support: 020 8083989
Mobile: (+254) 723 588705 , (+254 733 686562 )
General E-Mail:
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Copyright:
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Website: http://www.heartbitsolutions.com
When Heartbit Computer Solutions receives the above information, it will initiate an investigation. While Heartbit Computer Solutions is investigating the claim, Heartbit Computer Solutions, at its sole discretion and without any legal obligation to do so, may notify the posting party that it will lock down the posting party's domain name(s), redirect the posting party's DNS, and/or if the challenged URL is stored on a Heartbit Computer Solutions server, temporarily deny access to that material.
If Heartbit Computer Solutions concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's Heartbit Computer Solutions account. If the allegedly infringing mark is stored on a Heartbit Computer Solutions server, Heartbit Computer Solutions may also deny access to the materials containing that mark that are located on its server. If Heartbit Computer Solutions concludes that you have not raised a legitimate claim or if it is not clear whether you have raised a legitimate claim, Heartbit Computer Solutions will restore access to the challenged material.
Note: This policy does not pertain to disputes concerning the use of a trademark as part or all of a domain name. Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; Heartbit Computer Solutions' trademark policy specifically excludes domain name disputes.
COPYRIGHT CLAIMS
If you would like to submit a copyright claim for material on which you hold a bona fide copyright, Heartbit Computer Solutions requests that you (the "Complaining Party") submit a written notification concerning the claimed infringement. The notification must contain the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 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 of an exclusive right that is allegedly infringed.
Please send the notification to Heartbit Computer Solutions, Inc., at one of the following addresses:
HeartBit Computer Solutions
Physical Address: Hazina Towers 9th Floor PSC Wing
Postal Address: P. O. Box 32499 - 00600 Nairobi
Tel : 020 2241449 / 2211447 / 2241479
24/7 Support: 020 8083989
Mobile: (+254) 723 588705 , (+254 733 686562 )
General E-Mail:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Copyright:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Website: http://www.heartbitsolutions.com
Upon receipt of a notification that conforms to paragraphs 1-6 above, Heartbit Computer Solutions will disable access to the claimed infringing material. Failure to provide all of the information requested by paragraphs 1-6 may render your notice ineffective, in which case there may be no action to disable access to any materials.
If you provide Heartbit Computer Solutions with an appropriate notification, then Heartbit Computer Solutions will forward your written notification to the alleged infringer and shall promptly take reasonable steps to notify the infringer that it has disabled access to the material.
TRADEMARK AND COPYRIGHT COUNTER NOTIFICATION POLICY If you, the "Subscriber," have received a notice of copyright or trademark infringement, you may provide a counter notification by emailing to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Your counter notification should include all of the following:
- A physical or electronic signature by a person authorized to act on behalf of the Subscriber to the hosting service;
- Identification of the material that access has been disabled and the location at which the material appeared before access to it was disabled.
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled.
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Please send the counter notification to Heartbit Computer Solutions, Inc., at one of the following addresses:
Upon receipt of a counter notification that conforms with paragraphs 1-4 of this Counter Notification section, Heartbit Computer Solutions shall promptly notify the Complaining Party of the counter notification and shall provide a copy of the counter notification to the Complaining Party. Heartbit Computer Solutions will inform the Complaining Party that it will cease disabling access to it in 10 business days.
Heartbit Computer Solutions will cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Heartbit Computer Solutions first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on Heartbit Computer Solutions' system or network.
REPEAT INFRINGERS
It is Heartbit Computer Solutions' policy to provide for the termination, in appropriate circumstances, of Heartbit Computer Solutions customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
HeartBit Computer Solutions
Physical Address: Hazina Towers 9th Floor PSC Wing
Postal Address: P. O. Box 32499 - 00600 Nairobi
Tel : 020 2241449 / 2211447 / 2241479
24/7 Support: 020 8083989
Mobile: (+254) 723 588705 , (+254 733 686562 )
General E-Mail:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Copyright:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Website: http://www.heartbitsolutions.com
