IAT Policies and Procedures

Summary of changes from June 5, 1997

The following list shows the text changes from the IAT Policies and Procedures- June 5, 1997 to the IAT Policies and Procedures - May 30, 1998, changes to links are not shown. Deletions are shown in strike format and insertions are shown in red.

IAT Policies and Procedures
Version: June 5, 1997

The following Policies and Procedures provide guidelines for handling a variety of issues.

From time to time, policies and procedures will change. Accordingly, Information Access Technologies, Inc. (hereinafter referred to as "IAT") reserves the right to amend, supplement or rescind any provisions of the Policies and Procedures as it deems appropriate in its sole and absolute discretion. Whenever these policies and procedures are revised, Aaddzz account holders will be notified via e-mail message to review the new provisions at the Policies and Procedures Web site; however, revised policies and benefits will be effective upon revision, not upon notification.

In the event of a conflict between these Policies and Procedures and the Aaddzz Terms & Conditions, the Aaddzz Terms & Conditions control.

  1. CONFLICT RESOLUTION (THIRD PARTY COMPLAINTS).
    1. This policy concerns situations which pose potential legal liability for acts committed by Users, particularly acts constituting copyright or trademark infringement. The policy is designed to protect IAT from liability for contributory infringement which may be triggered whenever IAT obtains actual knowledge of infringement by a User. This would usually occur when a third party complaint has been made.

    2. Within a reasonable time after receipt of any third party complaint, IAT shall make a reasonable investigation of the claim. The purpose of the investigation is to determine whether, in light of the available information, network etiquette, applicable contracts, and appropriate substantive laws, IAT would be acting reasonably if it terminated the User's ability to transmit the information which is the subject of the complaint.While the exact nature and scope of the investigation is determined on a case by case basis, the investigation may include taking the following steps:

      1. IAT does not implement any disciplinary action against Users in the absence of supporting evidence. IAT will send a written request to the complaining party requesting that it provide IAT with all evidence in support of the claim. If the complaint concerns an alleged violation of the third party's proprietary rights, such request shall include a demand for certified copies of the third party's trademark registration, copyright registration, patent registration or similar supporting evidence. No further action on the complaint will be taken unless this information or a suitable substitute is provided. Notice of this demand is made via Form Letter A which is issued by IAT management.

      2. IAT will also request that the User provide IAT with evidence in defense of the claim. If the complaint concerns an alleged violation of a third party's proprietary rights, such request shall include a demand for certified copies of the User's trademark registration, copyright registration, patent registration or similar supporting evidence. Notice of this demand is made via Form Letter B which is issued by IAT management. The failure to provide this information can result in immediate account termination.

      3. It is the User's responsibility to take immediate action to resolve or defend any third party complaints at User's expense. IAT's initial notice to User includes a demand for immediate resolution and/or defense by User. Within 24 hours of receipt of such notice, User is obligated to contact the complaining party and take all reasonable steps to resolve or defend the claim, including deletion of the offending material where appropriate.

      4. Depending upon the nature and extent of the responses to the requests for supporting evidence, IAT may take any action which IAT in its sole discretion deems necessary to protect IAT's interests. For example:

        1. in the event IAT obtains information from which it can reasonably conclude that a violation of third party rights has occurred, IAT reserves the right to terminate the account or block transmission of the offending material in order to avoid IAT's liability for contributory infringement.

        2. in the event that IAT in its sole discretion determines that a third party complaint is unsupported, spurious or made with the intent to interfere with IAT's customer relationships, IAT reserves the right to block the third party's offending messages and/or take legal action against the complainant, including but not limited to prosecution of civil remedies for tortious interference with business relationships and punitive damages.

      5. INDEMNIFICATION. Upon signifying asset to the Terms and Conditions, User agrees to indemnify and hold IAT harmless from any damages, direct or consequential, resulting from third party complaints. See Aaddzz Terms and Conditions: Indemnification. As part of this duty, from and after the effective date of notice of the third party complaint, User shall be responsible to pay all cost and expenses incurred by IAT in connection with the complaint, including but not limited to attorney fees. Such costs and expenses must be reimbursed within 15 days of receipt of IAT's invoice. The failure to promptly reimburse IAT for such costs and expenses can result in immediate termination of the account. See Aaddzz Terms and Conditions: Resolution Of Claims.

      6. If the complaint is not resolved at the conclusion of the IAT investigation, then the User and IAT will submit all disputes arising from third party complaints to the VIRTUAL MAGISTRATE PROJECT for online resolution, if available. User further agrees to take all reasonable steps to prompt the third party complainant to submit the dispute for online resolution. If online resolution is not available, then the parties agree to submit the dispute for binding arbitration through the American Arbitration Association in San Francisco, California. The purpose of such alternative dispute resolution would be to obtain a binding neutral third party determination of the question of whether IAT is justified in terminating the User's account, blocking offending transmissions, or taking other reasonable preventative action to protect IAT's interests.

      7. IAT reserves the right to disclose a customer's name, address and telephone number to the complainant in cases where IAT in its sole discretion deems appropriate. For example, the Terms and Conditions require that Users post their email addresses so that a third party complainant can contact User directly. See Aaddzz Terms and Conditions: Concealment Of Identity. If User fails to do so, then IAT may elect to supply this information directly to a third party complainant.

      8. As part of IAT's investigation process, IAT has a program for legal review of each claim. In the event that IAT in its sole discretion deems it necessary to have the complaint reviewed by its legal counsel, the customer may be contacted directly by such legal counsel as part of the investigation.

  2. COMPLAINTS MADE BY CUSTOMERS OF IAT USERS.
    IAT supports in principle the User's efforts to resolve customer disputes through alternative dispute resolution processes, such as through the National Advertising Division of the Better Business Bureau or other appropriate forum. Alternative dispute resolution is usually less costly than court resolution of legal issues. The User should consult independent legal counsel regarding these matters.

  3. INFORMATION GATHERING PRACTICES & PRIVACY RIGHTS.
    1. IAT collects certain information concerning its customers as identified on the service account set up forms. It is IAT's policy not to release personally identifiable information for use by third parties unless such release is required by the Electronic Communications Privacy Act of 1986 ("EPCA") 18 U.S.C. Section 2501 et seq or Title III, Cal. Code Civ. Proc. Sections 1981 et seq., or as may be otherwise required by court order, criminal warrant or subpoena. However, billing information, including customer name, address, telephone numbers, bank information, and tax identification number will be used by IAT in order to verify the accuracy of the information provided, for collection purposes, or other purposes necessarily incident to the provision of the service or protection of the rights or property of IAT. Customers have the right to review, verify and correct this information upon written request.

    2. Requests for the content of communications involving IAT customers must comply with the requirements of the ECPA including the following:

      1. If the material is publically posted, the requesting party is directed to download the information subject to applicable copyright protections.

      2. Archived material will be treated as private content.

      3. Non-public content, communications, or requests for a customer's personal information must be (i) accompanied by written permission of the sender or the recipient. IAT will independently verify the authenticity of such requests by contacting the sender or recipient or (ii) accompanied by an appropriately issued subpoena, warrant or court order.

      4. All subpeonas or court orders shall be immediately refered to IAT's legal counsel for review and recommended court of action. Objections to subpeonas or court orders or other response thereto shall be handled by IAT's legal department. Requests for user information made via a civil subpoena, criminal warrant, court order or governmental request but comply with 18 U.S.C. Section 2703(c)(1).

      5. Responses to requests for user information made via a government subpoena shall include only the following information: name, address, length of service, types of service utilized, pursuant to 18 U.S.C. Section 2703(c)(1)(c).

      6. Pursuant to FTC Ruling dated July 15, 1997, no personal information about children under the age of 18 will be provided without parental consent.

  4. PROHIBITED PRACTICES.
    1. Under the Aaddzz Terms and Conditions: Prohibited Practices, it is absolutely prohibited to engage in illegal conduct via the service. By way of example, the following types of conduct are absolutely prohibited. This list is not exhaustive and other types of illegal conduct may also apply. Any customer found to be in violation of these prohibited practices will be subject to immediate account termination or other disciplinary action.

      1. INFRINGEMENT It is prohibited to upload or download any material that infringes or otherwise misuses or misappropriates any other person's copyrights, trademarks, patents, rights of publicity, privacy, trade secrets or other legally recognized proprietary rights. Complaints concerning such matters are handled according to the Aaddzz Terms and Conditions: Resolution Of Claims and these Policies and Procedures with the following exception: Any dispute concerning trademark infringement by a domain name must be handled through the InterNIC Dispute Resolution Process or IANA.

      2. OBSCENITY Federal law prohibits the interstate transportation of obscene material. Individual state laws may also prohibit or regulate the transportation of such material. In an abundance of caution, and until the law is further clarified, IAT assumes that all such statutes, including wire transfer statutes, would apply to Internet transmission of electronic data. As a result, IAT prohibits the transmission of any obscene material via the service. Generally speaking, the test for obscenity is whether the average person, applying contemporary community standards would find that the material, taken as a whole, appeals to prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law; and whether the material, taken as a whole, lacks serious literary, artistic, political or scientific value.

      3. CHILD PORNOGRAPHY Generally speaking, written or visual material which advocates or depicts sexual conduct with a person under the age of 18, or which appeals to prurient interests by displaying a minor's genital or anal region is illegal under state and federal law. The actual legal criteria for determining whether material contains child pornography can vary. It is prohibited to transmit such material.

      4. DEFAMATION Users are prohibited from uploading, downloading or retransmitting any material that is defamatory. Defamatory material contains statements which expressly or impliedly injure the reputation of another or place the person in a false light. Extreme caution should be exercised if you come into possession of a derogatory statement about another. When in doubt, do not re-transmit the message.

      5. THREATS The transmission of threatening or harassing material can in some cases violate a variety of state and federal laws.

      6. VIOLATION OF EXPORT CONTROLS All exports of software are controlled by the U.S. Department of Commerce and federal regulations. Mass-marketed software (except for certain software with encryption capabilities) may be exported to countries other than Iraq, Iran, Cuba, Libya, and North Korea. However, it is prohibited to download software to users in any of the prohibited countries. Users are expected to have export issues reviewed by independent legal counsel prior to making any software available on the Internet. The Aaddzz Terms and Conditions: User's Warranties require Users to warrant and represent that such activities have been reviewed by independent counsel who has rendered an opinion that the User's activities are legal. If it comes to IAT's attention that a User is making software available over the Internet in violation of these laws, IAT reserves the right to take whatever steps IAT in its sole discretion deems appropriate. For example, IAT's response could range from (a) requiring the User to supply a copy of its export license to (b) blocking transmission or terminating the account.

      7. ESPIONAGE The Internet Applications of The Economic Espionage Act of 199, 18 USC Section 670, prohibits the wrongful copying or control of trade secrets for economic benefit, including electronic transfer of the information. Criminal sanctions as well as fines, criminal forfeiture, preliminary orders to prohibit further disclosure apply to violations of the Act. Other federal statutes prohibit the transmission of certain information to foreign nationals. Users should consult with independent legal counsel to ensure compliance with these laws.

      8. HATE PROPAGANDA Hate propaganda, including material promoting genocide or hatred against any identifiable group, is prohibited.

      9. FALSE, DECEPTIVE OR MISLEADING ADVERTISING. Federal Trade Commission Regulations and state laws control what can and cannot be said in any advertisement. All advertising, regardless of the media used, must be truthful, non-misleading, and non-deceptive. It is also illegal to make material claims for a product or service which are not adequately substantiated (the advertiser must have adequate proof to substantiate the claim). The failure to provide adequate support can prompt an FTC investigation. Also, use of terms such as "new" or "free" is also highly regulated. Unfair or deceptive comparison advertising can result in a suit by the competitor for unfair competition under Section 43(a) of the Lanham Act. Misleading click thrus are also prohibited under the Aaddzz Terms and Conditions: Excessive Hits Or Other Ad Misuse.

    2. ACCEPTABLE USE POLICY. Employment of an "Acceptable Use Policy" originated with the NSF in the early days of the Internet. Acceptable Use Policies continue to play an important role in defining conduct in virtual communities. In order to ensure conduct consistent with a good faith effort to enforce IAT's Terms and Conditions and Policies and Procedures, and further to encourage cooperation within the industry to detect and prevent Internet abuse, this Acceptable Use Policy sets forth the minimum standard of conduct which IAT expects from its Users. The following practices (as defined in the Hacker's Dictionary) or any derivative thereof, are prohibited. IAT reserves the right to terminate the account of any User who engages in such practices. See Aaddzz Terms and Conditions.

      1. "Junk E-mail". Federal law (47 U.S.C. Section 227(b)(1)(c)) prohibits the transmission of unsolicited advertising via facsimile. Similar legislation has been proposed to extend the prohibition to electronically transferred information via the Internet. IAT prohibits the transmission of junk e-mail by or to its Users. See also Spamming.

      2. "Spoofing or forged or spoofed headers" means causing messages to be sent anonymously or under the identify of another user. At least two federal court decisions (Compuserve v. Cyber Promotions, Inc., (S.D. Ohio Feb. 3, 1997) and American Online vs. Cyber Promotions, (E.D.Pa. November 4, 1996)) have held that it is permissible for an online service to block third party messages which use forged headers. Forged message headers may also violate Section 43(a) of the Lanham Act (15 USC =A71125(a)) and thus renders the author of forged headers legally liable for unfair competition. IAT reserves the right to block such transmissions and take further steps, including legal action, against the perpetrator.

      3. "Spamming" means to cause any person, site, or newsgroup to be flooded with irrelevant or inappropriate messages or mass, unsolicited advertising or solicitations through e-mail, Usenet postings or other online means or to use andy mail relay system to enable distribution and mask the true source of a message. As used herein, "unsolicited" means where the sender and the recipient do not have a pre-existing business relationship or where the recipient has not explicitly invited the message and the true identity of the sender is undisclosed. Compuserve v. Cyber Promotions, Inc., (S.D. Ohio Feb. 3, 1997) held that not only can an online service block spamming but also that when the offender continues to try to use service's facilities after a cease and desist issues, further acts constitute trespass. See also, Concentric Network Corp. Inc. v Wallace (N.D. Cal. Nov. 6, 1996) (stipulated judgment and permanent injunction against Cyber Promotions re forged headers and spamming.) IAT reserves the right to terminate accounts or take further legal action, as appropriate, to stop such activity.

      4. "Theft of Service" means to utilize without permission of the owner another's time, disk space, processor power, connect charges, network bandwidth, or similar facilities.

      5. "Flaming" means making libelous, threatening, annoying, or otherwise offense remarks about a person via electronic communications or a "hot" reply to an online message ranging from sarcasm, to constructive criticism to personal attacks. See also THREATS and DEFAMATION.

      6. "Framing" involves the use of computer programs which to the owner identification of a linked-to site and may also interfere with the "Back" and "Home" commands. Framing has been found to constitute unfair competition against the owner of the framed site. Shetland Times, Ltd. v. Dr. Jonathan Wills and Zetnews Ltd., Court of Session, Edinburgh, 24 Oct. 1996. IAT reserves the right to take any appropriate action to prevent the use of frame technology, including but not limited to the use of disabling programs, to prevent the obscuration of IAT source designations.

      7. "Hacking" is the act of gaining unauthorized access to another network, computer system, or files. Such activities violate a number of federal and state statutes as well as potentially violating individual rights of privacy. Hacking is prohibited under the IAT Prohibited Practices.

      8. "Cracking" is the act of breaking password protection on a network, computer system or file. Such activities violate a number of federal and state statutes as well as potentially violating individual rights of privacy. Cracking is prohibited under the IAT Prohibited Practices.

      9. "Mail Bombing" means to send or urge another person to send massive amounts of email to a single system or person, with intent to crash the recipient's system. See also Spamming. Mail bombing is prohibited under the IAT Prohibited Practices.

      10. "Syn Flood Attacks" overburden a victim computer system by sending a high volume of spurious data, effectively slowing or shutting down those systems. See also Spamming and Mail Bombing. Syn Flood Attacks are prohibited under the Prohibited Practices

      11. "Retaliatory Misuse." IAT prohibits the customers engaging in any prohibited act for a retaliatory purpose. For example, retaliation by spam opponents resulting in theft of service is prohibited.

    3. TRANSMISSION OF STOLEN OR OTHERWISE MISAPPROPRIATED INFORMATION. Anyone who acquires information which is known or suspected to have been stolen or otherwise misappropriated should question whether the information can be freely used and should exercise caution, including possible refusal to retransmit the information. The transmission of such information is prohibited.

    4. OTHER PROHIBITED ACTS. The list provided above is not exhaustive. Internet activity is subject to the same rules and laws applicable to any other human conduct. Thus, laws prohibiting sexual harassment, discrimination, products liability, negligence, breach of warranty, strict liability, advertising liability, consumer fraud, deceptive trade practices, industry conspiracy, RICO, and other illegal activity can occur. Users are urged to consult independent legal counsel to ensure compliance with all applicable laws and to minimize exposure to civil liability.

  5. CENSORSHIP.
    1. Under normal operations procedures, IAT does not review the contents of materials transmitted via the service or otherwise engage in censorship of content. However, if it comes to IAT's attention that prohibited material is being transmitted by a User, IAT reserves the right to terminate the account or otherwise block transmission of the offending material. See Aaddzz Terms and Conditions: Disciplinary Action.

  6. Disclaimer of advertising and or products distributed by linked sites
    1. The inclusion of banner advertising on an IAT site or an IAT-hosted site does not necessarily constitute or imply any endorsement or recommendation concerning the products, services, opinions or information found in the contents of any off-site pages referenced through the banner ad links. A disclaimer to this effect is posted on the Aaddzz Web Site.

  7. Concealment of identity
    1. The Aaddzz Terms and Conditions: Concealment Of Identity, and some state statutes, prohibit the concealment of a Web site owner's identity from members of the public if the site is used to conduct electronic commerce. All IAT customers, regardless of the nature of their online activity are required at a minimum to post their E-mail address on their Web sites so that third party complaints can be made directly to the Web site owner without involving IAT in the dispute. In any event, IAT reserves the right to disclose the owner's identity in appropriate cases where the owner has failed to make its identity known.

    2. Sales to California purchasers. In addition to the IAT policy, any person engaged in electronic commerce which involved a buyer located in California is required to comply with Business and Professions Code Section 17538. Independent legal counsel should be consulting regarding full compliance with this statute. In part, the statute provides:

      1. Before accepting any form of payment, an electronic sales vendor must disclose to the purchaser in writing or by electronic means of communication, such as E-mail, or an on-screen notice, the vendor's refund and return policy, the legal name under which the business is conducted and, in most cases, the complete street address from which the business is actually conducted (BP Code Section 17538(d)).

        1. If the required disclosures are made by on-screen notice, the disclosure of the legal name and address information must appear on any of the following: (i) the first screen displayed when the vendor's electronic site is accessed, (ii) on the screen on which goods or services are first offered, (iii) on the screen on which a buyer may place the order for goods or services or (iv) on the screen on which the buyer may enter payment information, such as a credit card account number. The communication of that disclosure shall not be structured to be smaller or less legible than the text of the offer of the goods or services.

        2. The disclosure of the legal name and address information shall be accompanied by an adjacent statement describing how the buyer may receive the information at the buyer's E-mail address. The vendor shall provide the disclosure information to the buyer at the buyer's E-mail address within five days of receiving the buyer's request.

        3. On screen notices must also comply with the requirements of BP Section 17538(a). The statute, and independent legal counsel, should be consulted concerning legal compliance and possible exceptions to the statute's disclosure requirements.

  8. WEB ADVERTISING
    1. The Aaddzz Terms and Conditions: User's Warranties require that Users obtain an independent legal opinion that their ads comply with applicable law. Written certification of legal compliance is required prior to commencement of service.

    2. The following list describes certain subject matter which is highly regulated by laws which restrict advertising. The list is provided only as an example and is not intended as an exhaustive list of every situation which may give rise to state or federal regulation of advertising. Users should rely upon independent legal advice in making determinations concerning legal compliance. In the event a User submits an ad which appears to fall within one of these categories, IAT may require supplemental verification of legality in addition to the written certification of legal compliance.

      1. Sweepstakes and Contests. Federal and state lottery laws apply to any advertising of sweepstakes and contests. Skill contests must be carefully designed to ensure legal compliance. Generally speaking, a "lottery" is often defined as a promotion in which all the elements of consideration, chance, and prize are present. If any of these elements is missing, the promotion will probably not be a "lottery" under federal or state law. Sweepstakes avoid the lottery laws by removing the element of consideration (there is no cost to enter) while, in a contest, the element of chance must be absent. The penalties for conducting illegal lotteries vary, but under both federal and state laws, there can be criminal as well as civil penalties.

      2. Gambling. Wire gambling is prohibited under 18 USC Section 1084, which also may apply to Internet activity. There are current pending bills before Congress to extend the "wire" jurisdiction under several federal statutes to Internet activities. See pending S.1495 (Internet Gambling Ban). In addition, Web site owners have been prosecuted under state gambling statutes. Even if gambling is legal in your state of residence, your Web Page may violate another state's law and the foreign state's laws may apply to you if you make gambling activities available to the foreign state's residents.

      3. Pharmaceutical Ads. The use of pharmaceutical ads is governed by the federal Food and Drug Administration regulations and laws concerning controlled substances. Generally, the regulations limit comments in the media to such information similar to that published in the Physician's Desk Reference. Product labeling is also strictly regulated. International promotion is strictly limited.

      4. Links to Disease-related support groups. Media comments or advertisements concerning disease-related support groups raise national health issues and are highly regulated. The FTC has regulations designed to curtail fraud relating to health and medical claims and similar state laws exists which are currently being actively enforced in reference to Internet-related activity.

      5. ITC Target Surfing Subjects. Customers should consult current ITC regulations and understand that certain activities on the World Wide Web are viewed with scrutinty bu the federal Interstate Trade Commissions, including advertising relating to health claims, coupon fraud, pyramid schedmes, credit repair rackets, business opportunity schemes and collection of personal information about users.

      6. False, misleading and deceptive advertising. See False, Misleading and Deceptive Advertising.

      7. Other highly regulated products. Airlines, automobiles, consumer credit transactions, tobacco products, and alcoholic beverages are also highly regulated. The User should consult with legal counsel before engaging any such advertising.

    3. Advertising Directed At Children. IAT seeks to abide by the FTC's Individual Reference Servers Industry Principles. Customers are also urged to consult CARU, the Children's Advertising Review Unit of the Better Business Bureau's "Self Regulatory Guidelines for Children's Advertising and Center for Media Education, Consumer Federation of America's "Guidelines of for the Collection and Tracking of Information from Children on the Global Information Infrastructure and in Interactive Media" and other applicable industry guidelines concerning advertising directed at children. Users are encouraged to apply these or similar standards to any advertising activities conducted via any IAT service.

CORPORATE OFFICES

Information Access Technologies, Inc.
2115 Milvia Street, 4th Floor
Berkeley, CA 94704

Programming and content Copyright © 1996,1997 Information Access Technologies, Inc. AaddzzSM is a service mark of Information Access Technologies, Inc. All rights reserved.

Form Letter A

[NAME]
[ADDRESS]

Dear [NAME}:

We are in receipt of your [DATE] E-mail message to [NAME] concerning the IAT's customer which owns the Web site at [URL].

Please be advised that IAT does not monitor, censor or otherwise become involved in the content displayed by Web sites utilizing the service. Any complaint which you may have concerning content on the site should be directed to the owners of those sites at the email address found on the sites.

Further, please be advised that IAT does not removed, censor, edit or otherwise interfere with content, or otherwise act to impair the on-going business activities of its customers, based upon unsubstantiated claims such as the one presented in your message. In the event that your claims are without merit, you stand to incur legal liability for wrongfully interfering with IAT's relationships with its customers.

Therefore, IAT's standard practice is to require sufficient substantiating evidence to your claims. Such evidence would, at a minimum, include the follows:

  1. Proof that you are in fact the owner of the material, including:

    1. Certified copies of copyright registrations governing the affected material;

    2. photocopies of other publications in which you claim to have previously published the material, together with a copy of any statement made in such publications acknowledging you rights in the material;

    3. copies of any agreements with the publishers of other publications under which you licensed the use of the materials, including documentation showing the nature and extent of the licenses and whether you have reserved or relinquished your rights.

  2. Identification of the specific material which you claim to be infringing on the subject Web site, including

    1. copies of the material such as prints of any photographs used together with a certificate from an independent photography lab that the prints were made from original negatives;

    2. on the back of each copy, provide the URL address for any page on the Web site which you contend contains the same material;

    3. depending upon the nature and extent of your response to the above-listed requests, we reserve the right to have your original photographic negative examined by a photographic expert as well as any further discovery which we may deem appropriate.

Upon receipt of the above-requested material, IAT will review the material and determine if it provides a reasonable basis to conclude that your infringement allegations may be true. At the present time, however, we cannot state with any certainty if such material will in fact provide a basis for taking any action against the owners of these sites. In many cases the ISP is unable to make an independent determination of whether infringement has in fact occurred. Current legal precedent holds that in such cases, unless and until the third party claimant can provide sufficient evidence from which the ISP can conclude that infringement may have occurred, the ISP is not liable for infringement or contributory infringement.

However, IAT will take all reasonable steps to review and investigate your claim based upon the evidence you provide and will endeavor to advise you promptly of our conclusions.

Please be advised that you should contact the Web site owner directly regarding your claims. Under IAT's operating policies, it is the Web site owner's responsibility to answer to and be accountable for such claims. As a condition of use of our Web hosting service, it is agreed that IAT refrains from direct involvement in the resolution of such disputes.

Furthermore, IAT is not in the position to resolve the legal or factual disputes of such claims, although we would, of course, abide by any court order you may obtain.

Very truly yours,

INFORMATION ACCESS TECHNOLOGIES, INC.

By

______________________________________

Form Letter B

[NAME]
[ADDRESS]

NOTICE OF THIRD PARTY COMPLAINT

Dear [NAME]:

You are advised that Information Access Technologies, Inc. is in receipt of a third party complaint concerning your Web Site located at [URL]. The complaint is attached.

The purpose of this letter is to clarify the procedures we intend to follow in light of the allegations made by complainant. As you know, the allegations concern possible infringement of material used on your Web site.

As a condition of your continued use of the system, and in accordance with Terms and Conditions governing your relationship with IAT, you are required to contact the complainant within 24 hours in order to resolve the claims. IAT further requires that you document your contact by providing IAT with a copy of a letter to the complaint confirming this contact.

Here is the contact information you will need in order to meet and confer with the complainant about these matters: [NAME AND ADDRESS OF THIRD PARTY COMPLAINANT]

In addition, IAT will investigate the allegations made by the complainant. We have already contacted the complainant with a request that they provide evidence substantiating their claim. Likewise, you are required to substantiate your right to use the material in question by providing IAT with [certified copies of your copyright, trademark or patent registration or such other evidence as is appropriate to substantiate your right to use the material in electronic publishing].

Furthermore, you are reminded of relevant provisions of the Terms and Conditions, which provide:

  1. The purpose of IAT's investigation of this claim is to determine whether there is sufficient evidence to conclude that IAT is in danger of incurring liability for contributory infringement. On the other hand, we have advised the complainant that a false or otherwise spurious accusation against you may result in legal action based upon wrongful interference with IAT's business relationship with you.

  2. From and after receipt of this notice, you are responsible to reimburse IAT for all its costs and expenses incurred in responding to this Complaint, including its legal fees. It is incumbent upon you to comply with the your contractual obligation to deal with this complaint directly without the need for IAT's further involvement so that such costs can be minimized.

  3. Depending upon the responses received to our requests for substantiate evidence from you and the complaint, IAT may ultimately conclude that it is in danger of liability for contributory infringement. If that occurs, you will be asked to removed the offending material or suffer disciplinary action such as account termination. Any dispute arising from this complaint, including a dispute concerning IAT's right to terminate the account, must be referred to arbitration, either before the Virtual Magistrate Project or through the American Arbitration Association.

We are hopeful that this matter can be resolved between you and the complainant so that further action by IAT is unnecessary. If you have any questions, please contact the undersigned immediately. This is an urgent matter requiring your immediate attention.

Very truly yours,

INFORMATION ACCESS TECHNOLOGIES, INC.

By

______________________________________