KLUSTER, INC.

DMCA Policy

Digital Millennium Copyright Act Policy (“DMCA”)
Kluster, Inc. (“Kluster” or the “Company”) respects the legitimate rights of copyrights owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure.

Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request Kluster to disable access to content on its site where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Kluster’s Designated Agent.

How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify Kluster of particular facts in a document signed under penalty of perjury. We refer to this as a “Proper DMCA Notice". A Proper DMCA Notice shall include:

1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
4. A statement that you have a good faith belief that the use of the material identified in 2 above is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
6. Your physical or electronic signature.

Sending the Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by Kluster (the “Designated Agent”).The contact information for Kluster’s Designated Agent is:

Designated Agent:Ben Kaufman
Mail: One Mill Street, Burlington, VT 05401
Email: infringement@kluster.com

What We Do When We Receive A Proper DMCA Notice
Kluster will follow the procedures provided in the DCMA, which are prescribed in the notice and takedown procedure, subject to the webmaster’s right to submit a counter-notification claiming lawful use of the disabled works.

Notice and Takedown Procedure
It is expected that all users of any part of the Kluster system will comply with applicable copyright laws. However, if Kluster is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Kluster will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Notice to Users of Kluster
Pursuant to the User Terms of Use Agreement and or the KNEWS Terms of Use, Content Posting and License Agreement you agreed to when you were permitted to become a Kluster User, you are required to only post content which you have the lawful rights to, and any links or pages of Kluster’s website that contains your content may be disabled upon receipt of notice that infringing material is contained therein.

Your site usage privileges may also be suspended. You may protest a DMCA notice by submitting a counter-notification as described below.

Writing and Submitting a Counter-notification
If access to your content is disabled due to operation of the Kluster notice and takedown procedure described above, and you believe the takedown was improper, you must submit a counter-notification.

Writing a Counter-notification
To write a proper counter-notification, please provide the following information:

1. Identification of 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 disabled;
2. 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 in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Creative Commons may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
5. Your physical or electronic signature.

Sending the Counter-notification
To exercise your DMCA rights, you must send your counter-notification to the “Designated Agent” for Kluster, whose contact information is:

Designated Agent:Ben Kaufman
Mail: One Mill Street, Burlington, VT 05401
Email: Infringement@kluster.com

Repeat Infringers
Kluster may, in its discretion, use all appropriate means to terminate User access to its site who are repeat infringers.

Policy With Regard To Non-Compliant Communications
Kluster has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.

Submission of Misleading Information
The submission of misleading information of any sort in a notification or counter-notification submitted to Kluster voids any claim of right made by the submitting party.