MESSA Copyright Protection Policies and Procedures
is a not-for-profit membership organization that provides health benefits to Michigan school employees. MESSA hosts a Web site at www.messa.org for the purpose of providing MESSA members with online access to member services in a secure environment and communicating important health information to MESSA members.
- MESSA’S ACCEPTABLE USE POLICY FOR EMPLOYEE USE OF EMPLOYER-PROVIDED INFORMATION TECHNOLOGY
As an ordinary and necessary business function MESSA provides an information technology system, including email service and a work network, to its employees to facilitate the conduct of work on behalf of the organization and its members. MESSA adopted an Acceptable Use Policy November 8, 2005 which governs access to and use of the employer-provided information technology system to employees for the following purposes:
- To provide resources which will enhance the employee’s ability to perform assigned job functions;
- To assist in the collaboration and exchange of information;
- To enhance information gathering and communication skills; and,
- To facilitate personal growth in the use of technology.
The Acceptable Use Policy prohibits improper use of the employer-provided information technology system by employees, including the distribution of copyrighted materials in a manner that is not authorized by the copyright owner or the law, and provides for appropriate penalties and discipline.
- CLAIMS OF COPYRIGHT INFRINGEMENT.
If a party (the “Complaining Party”) wishes to notify MESSA regarding a claim of copyright infringement regarding content distributed by an authorized user of MESSA’s employer-provided information technology system, the Complaining Party must notify MESSA of such claim of copyright infringement in writing at:
Michigan Education Special Services Association
1475 Kendale Blvd.
P.O. Box 2560
East Lansing, MI 48826-2560
Jeffrey L. Nyquist
Phone No.: 517.332.2581
Fax No.: 517.203.2909
Email address: email@example.com
- CONTENTS OF NOTICE OF CLAIMED INFRINGEMENT.
To be valid, a Complaining Party’s notice to MESSA of a claim of copyright infringement must:
- Identify the copyrighted work(s) claimed to have been infringed;
- Identify the material claimed to have been infringed or to be the subject of infringing activity;
- Request that the material be removed or access to the same be disabled;
- Contain information sufficient to permit MESSA’s Designated Agent to locate the material or content at issue, and to identify the appropriate user who allegedly distributed copyrighted materials in violation of the law;
- Contain information reasonably sufficient to permit MESSA’s Designated Agent to contact the Complaining Party such as an address, telephone number, and, if available, an email address at which the Complaining Party may be contacted;
- Contain a statement that the Complaining Party has a good faith belief that the distribution of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
- Contain a statement that the information in the notice is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the copyright owner of the material which has been allegedly infringed upon; and
- Contain a physical or electronic signature of the Complaining Party or his/her/its authorized agent.
- MESSA’S ACTION IN RESPONSE TO COMPLAINING PARTY’S NOTICE.
Upon MESSA’s receipt of a Complaining Party’s valid written notice of a claim of copyright infringement pursuant to paragraphs 3 and 4 above, and MESSA’s Designated Agent will investigate the alleged infringement of copyright outlined in the complaint. If the complaint is deemed to be valid, MESSA will:
- Remove or disable access to the material or content that is claimed to be infringing; and
- Take reasonable steps to notify the alleged infringer that it has removed or disabled access to the allegedly infringing material on or linked to the alleged infringer’s Web site.
- CONTENTS OF COUNTER NOTIFICATION.
You may provide MESSA’s Designated Agent with a written counter notice in response to the Complaining Party’s valid notice of a claim of copyright infringement in a manner provided in paragraph 3 above. To be valid, your counter notice must:
- Identify 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 access to it was disabled;
- Contain 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 removed or disabled;
- Contain your name, address, telephone number and a statement that you consent to the jurisdiction of the Federal District Court for which your address is located and that you shall accept service of process from the Complaining Party or his/her/its authorized agent; and
- Contain your physical or electronic signature or the physical or electronic signature of your authorized agent.
- MESSA’S ACTION IN RESPONSE TO COUNTER NOTIFICATION.
Upon MESSA’s Designated Agent’s receipt of your valid counter notice pursuant to paragraphs set forth above, MESSA’s Designated Agent will:
- Promptly forward to the Complaining Party a copy of the counter notice at issue; and
- Inform the Complaining Party that it will replace the removed material and cease the disabling access to the same in not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice from the alleged infringer unless MESSA’s Designated Agent first receives notice from the Complaining Party or its authorized agent that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on MESSA’s system or network.
- REPEAT INFRINGERS.
It is MESSA’s policy to terminate a user’s privileges, in appropriate circumstances and at MESSA’s sole discretion, who is a repeat infringer of copyrighted works, trademarks or any other intellectual property.
MESSA is a not-for-profit member organization. Our Web site is designed to serve MESSA members. Health and wellness information found on our Web site is designed to strengthen the physician/patient relationship and should not replace qualified medical opinion, diagnosis or treatment.
MESSA makes every effort to review links to other Web sites that are provided for informational purposes, however MESSA is not responsible for the accuracy of information contained on other Web sites.
Some of the medical procedures and services mentioned on our Web site may not be covered by your health care plan. Before incurring any cost for medical services you should review your plan coverage booklet or call MESSA at 800.292.4910 to verify your coverage.
All communications from this Web site that require or display sensitive information (i.e. social security number, birth dates, claim information, etc.) are secured by VeriSign.
Free identity and credit protection
Members receive two levels of free protection from AllClear ID:
- Access to AllClear ID’s breach-repair services. No sign-up is required. If a MESSA member suspects their identity has been breached or stolen, they can call AllClear at 855.904.5742 for free assistance in securing their private information and repairing any damage.
- Proactive identity protection with AllClear Pro, which requires members to register. This service, which costs more than $100 per year for non-MESSA members, provides credit monitoring, ChildScan for children under 18 and $1 million in identity theft insurance.
With the free breach-repair protection, if you become the victim of identity fraud — including compromised credit cards, passwords, health information and Social Security numbers — AllClear ID will help you fix the damage. In such circumstances, a dedicated investigator from AllClear ID would be assigned to your case. He or she would investigate the breach and contact banks, creditors, credit bureaus and other relevant entities to clear your record.
However, an ounce of prevention is worth a pound of cure — that’s why MESSA is also providing members with free protection with AllClear Pro, which provides credit monitoring.
AllClear Pro also includes ChildScan, which helps protect families from a heinous practice among identity thieves in which they steal a minor’s Social Security number and use it to fraudulently open accounts.
AllClear ID’s website tells the story of a customer who ran a ChildScan on his teenage daughter. He didn’t expect to find anything, but he was shocked to discover that an identity thief had been using her Social Security number since she was 3 years old. The thief opened more than 40 accounts, including auto loans, credit cards, three mortgages and various other accounts that had been sent to collections.
AllClear ID’s staff were able to close all of the fraudulent accounts and clear the teenager’s credit history — just in time for her college applications.