Digital Millennium Copyright Act Policy and Procedures
We respect the intellectual property rights of others just as it expects third parties to respect its rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- 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 copyright owner.
The company reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.
Any online business that has disclosed personal information in specified categories to third parties for direct marketing purposes must, on request, to customers with which the business has an “established business relationship,” provide a list of the categories of information disclosed and the names and addresses of all third parties to whom the information has been disclosed.
Please note that we DO NOT disclose your personal information pursuant to the above to third parties for direct marketing purposes. We respect your privacy. Please contact us if you have any questions or concerns regarding our policy in this regard via the contact page on this site
The Electronic Communications Privacy Act (ECPA) sets out the provisions for access, use, disclosure, interception and privacy protections of electronic communications. The law was enacted in 1986 and covers various forms of wire and electronic communications. According to the U.S. Code, electronic communications “means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects interstate or foreign commerce.” ECPA prohibits unlawful access and certain disclosures of communication contents. Additionally, the law prevents government entities from requiring disclosure of electronic communications from a provider without proper procedure.
Our Domain Name and Nominative Fair Use
“Nominative fair use” is one exception to the general rule that you may not use anothers trademark in commerce. However, use of anothers trademark is allowed under the nominative fair use doctrine. Nominative fair use, by definition, is not trademark infringement because such use is not likely to confuse consumers. Nominative fair use gives protection to those who use another’s trademark for the purpose of identifying the brand without suggesting affiliation or sponsorship with the brand owner. The following test evaluates the likelihood of confusion in nominative use cases. To determine whether nominative fair use applies, courts generally look to three factors:
- whether the product was “readily identifiable” without use of the trademark;
- whether use of the trademark was necessary (also known as the minimum necessary test); or
- whether the trademark’s use falsely suggested sponsorship or endorsement by the trademark owner.
Nominative fair use is discussed in detail in the case of TOYOTA MOTOR SALES U.S.A., INC. v. TABAR. 2010.
We make it clear that www.lowesemployees.com is not affiliated with Lowes Home Improvement or Lowes.com and do not believe that there is a likelihood of confusion that website visitors would assume we are affiliated or endorsed by Lowes.