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ROCKSET, INC. DIGITAL MILLENNIUM COPYRIGHT ACT POLICIES AND PROCEDURES

Last updated: June 5th, 2019

At Rockset, Inc. (“Rockset”), we take the rights of intellectual property owners seriously and we comply as a service provider with all applicable provisions of the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512. We have adopted the following policies for responding to allegations of copyright infringement on the Rockset website (the “Site”) and related services.

All employees, directors and officers must read and abide by this policy.

If you have any questions or comments regarding Rockset’s DMCA policies and procedures, please contact support+copyright@rockset.com, Rockset’s Copyright Agent (the “Copyright Agent.”)

A. Procedures for Receiving Notice

We maintain multiple avenues for copyright holders to notify us of infringing materials.

We maintain a link at the bottom of every page of the Site labeled “Copyright” that directs users to a webpage explaining the procedure for notifying us of an alleged copyright infringement (the “Website Copyright Policy”). Copyright owners may send notification by postal mail, email or fax.

The postal address, email address and fax to which notifications may be sent are checked by the Copyright Agent usually every U.S. business day.

We have registered a designated agent for receipt of copyright notices with the U.S Copyright Office, as required by the DMCA.

In addition, any communication related to potential copyright infringement that is received by any employee or agent of Rockset through any other channel should be forwarded immediately to support+copyright@rockset.com.

This includes communications received by the support desk, from the company’s hosting service, or by email or phone call to any employee, officer or director.

B. Evaluation of Notice and Removal of Material Upon Notice

Upon receipt of a notice of copyright infringement, the Copyright Agent should evaluate the notice to determine if it complies with the requirements of the DMCA, as set forth in Rockset’s Copyright Policy, reproduced in Section A of Exhibit A. If the notice is “substantially” compliant, we will respond expeditiously to remove or disable access to, the material, or the reference or link to material or activity that is claimed to be infringing and record a mark of infringement against the subscriber or account holder. It is our objective to remove or disable access to this material or the reference or link to this material or activity no later than one U.S. business day after compliant notice is received.

If the notice does not substantially comply with the requirements of the DMCA, then we will evaluate the notice and take the steps outlined in Exhibit A, which in some instances requires informing the complainant of the ways in which the notice is deficient.

We may, at our discretion, decide to remove allegedly infringing material or references or links to material or activity that is claimed to be infringing even if the notice does not comply with the DMCA, but we are not required to do so.

C. Notification of User and Counter Notice

Following removal of, or disabling access to, material or the reference or link to material under Section B, we will send an email notice to the user who submitted the removed or disabled material or reference or link. The notice for first and second infringements is set forth on Exhibit B and the notice for third infringements is set forth on Exhibit C.

If we receive a valid counter notice, we will restore the allegedly infringing material or the reference or link to the material or activity that is claimed to be infringing no less than 10, and more than 14, business days following receipt of the counter notice, unless we first receive notice from the person who submitted the notice of infringement that such person has filed an action seeking a court order to restrain the submitter from engaging in infringing activity relating to the material or references or links to the material on Rockset. If we restore the allegedly infringing material or the reference or link to the material or activity that is claimed to be infringing, we will remove the mark of infringement against the subscriber or account holder.

To be valid, a counter notice must include the following information:

(A) The submitter’s physical or electronic signature.

(B) Identification of the material or the reference or link to the material that has been removed or to which access has been disabled and the location at which the material or reference or link appeared before it was removed or access to it was disabled.

(C) A statement from the submitter under penalty of perjury that s/he has a good faith belief that the material or reference or link to the material was removed or disabled as a result of mistake or misidentification of the material or reference or link to the material to be removed or disabled.

(D) The submitter’s name, address, and telephone number, and a statement that s/he consents to the jurisdiction of Federal District Court of the United States for the judicial district in which his or her address is located, or if outside of the United States, for any judicial district in which Rockset may be found, and that s/he will accept service of process from the person who provided Rockset with notification of the alleged infringing nature of the removed materials or reference or links or an agent of such person.

Upon receipt of a valid counter-notice, we will send an email to the complaining copyright holder in the form of Exhibit D.]

D. Record Keeping

The Copyright Agent will maintain a record of all copyright notices received, the date of receipt, the sender, the identified materials or references or links to materials, the action taken in response to the notice and the date of that action, and receipt of any counter notification, the action taken in response to the counter notification and the date of that action.

The Copyright Agent will periodically circulate to the Chief Executive Officer, the Chief Financial Officer and any other officers or employees designated by those officers a report containing the information described above and other information determined by the Copyright Agent.

E. Removal of Materials without Dedicated Notice

In circumstances where we have actual knowledge that material on the Site is infringing, or references or links on the Site point to material or activity that is infringing or we become aware of facts or circumstances from which infringing activity is apparent, it is our policy to remove or disable access to that item of material or reference or link from the Site, even if no DMCA-compliant notice has currently been provided by the copyright owner with respect to that particular item of material or reference or link. In addition, we may also make an administrative decision to remove material (including removal of certain categories or types of material) even if we have no specific indications that infringement is present, when we believe that removal may reduce the potential for copyright or licensing issues.

F. Repeat Infringer Policy

It is Rockset’s policy to terminate the account of users who have committed multiple Qualifying Infringements, in appropriate circumstances. A “Qualifying Infringement” is defined as (i) receipt of a valid infringement notice that results in the removal of the user’s material or reference or link to material from the Site where no valid counter notice is received or (ii) removal of a user’s material or reference or link to material from the Site, in the absence of a “take-down” notice, because we obtain actual knowledge that the material is infringing or we become aware of facts or circumstances from which the infringing nature of the material is apparent. We note that the existence of the first kind of Qualifying Infringement (our receipt of a valid infringement notice that results in a take-down) does not mean that the company has determined that the allegation of copyright infringement is accurate or well-founded, merely that a formally valid take-down notice asserted a copyright infringement against the user.

It is our policy to provide the user with adequate notice and education prior to terminating the user’s account in order to give the user the opportunity to modify his or her behavior. Accordingly, if we receive a single notice covering multiple items of material or references or links posted by the same user, or if we receive one or more notices from the same copyright owner within 24 hours of the first warning notice sent to a user, we will generally treat those notices as a single Qualifying Infringement.

If the incident is the first or second Qualifying Infringement, we will send a warning notice in the form of Exhibit B to the email address associated with the account from which the material or reference or link was posted. If the incident is the third Qualifying Infringement, we will generally terminate the user’s account, thereby preventing the user from any future posting of material or reference or link, posting of messages, or other participation in activities on the Site that require a user account. We will send an email in the form of Exhibit C notifying the user about why the user’s account has been terminated. We will seek to ensure that no future accounts can be created using the same email address.

If the Copyright Agent determines that it is appropriate in order to prevent copyright infringement on the Site or to prevent an inappropriate or unjust outcome, he or she may (a) terminate accounts even without two prior warnings, or (b) treat the removal of, or disablement of access to, material or references or links, as Qualifying Infringements in circumstances other than those described.

It is the policy of Rockset to terminate the accounts of repeat infringers or of users repeatedly accused of infringement in appropriate circumstances. In determining whether termination is appropriate, the Copyright Agent may take into account – in addition to the number of Qualifying Infringements – the following considerations among others:

  • Whether the infringements were obvious or blatant, as opposed to debatable or unclear to Rockset. If they were blatant, whether the user might in good faith have believed that the posted material did not infringe.
  • Whether infringing postings appear to be the mainstay of the user’s postings on Rockset’s website, or just one or a few among myriad postings that the user has made, the great majority of which were apparently lawful.
  • How many times the user has posted blatantly infringing matter, and over what period of time.
  • How many valid notices of infringement Rockset has received and acted on for this user that have resulted in take-downs, even if Rockset could not easily and fairly determine the merits of the infringement claim.
  • Whether the user has ever filed a counter-notice.
  • Whether the user’s other response to Rockset raises a non-frivolous issue as to whether the posted content was non-infringing.

We are not obliged to and it is not our policy to conduct an exhaustive or costly investigation before terminating a user repeatedly charged with infringement, but inasmuch as information of the above or other nature comes to Rockset’s attention, Rockset may take that into account in determining whether termination is appropriate.

Rockset informs users that the accounts of repeat infringers will be terminated through the Rockset Copyright Policy.

G. Responding to Subpoenas

If any employee of the company receives a subpoena in connection with an alleged copyright infringement requesting any information regarding a user account, activity in that account, material or references or links posted from that account, or other information, the employee should forward the subpoena to the Copyright Agent.

The Copyright Agent will review the subpoena for completeness and will consult with counsel if necessary regarding the validity of the subpoena. Upon receipt of a subpoena that we believe to be valid and in compliance with the provisions of the DMCA or other authority, we will act expeditiously to reveal, to that subpoenaing party only, the identification information required by such subpoena with regard to the user who is alleged to have posted infringing material or reference or link to material or activity that is claimed to be infringing.

While Rockset cooperates fully with any intellectual property owner seeking to enforce its intellectual property rights, we also recognize that there are user privacy issues involved. Accordingly, upon receipt of a subpoena, Rockset will notify the user prior to responding that we have received the subpoena and let them know that we will respond by the due date unless we receive a valid court order instructing us not to respond.

H. Educating Users

It is Rockset’s policy to educate and inform users regarding their obligations to comply with copyright law. To that end, we have implemented the following steps:

  • Posted the Website Copyright Policy on a page that can be directly linked to from every page of the Site.
  • Inclusion of language in the terms and conditions, which must be accepted to create an account, that the user indicates that she or he has all necessary rights, including copyrights, to use in Rockset’s Site and services.

I. Other Notices

Exhibit E sets forth a notice that Rockset can send to Copyright Owners notifying the Copyright Owner of the actions that Rockset has taken to respond to a complaint from the Copyright Owner.

Exhibit F sets forth a notice that Rockset can send to Rockset’s users notifying the users of Rockset’s termination of the user’s Rockset account because of user’s breach of the Rockset Terms of Service.

ACKNOWLEDGMENT

I certify that I have read these [Full Company Name] Digital Millennium Copyright Act Policies and Procedures and that I will abide by them.


Name: Title: Date:

Exhibit A

Determining whether DMCA Notice is Compliant and Appropriate Response

**A. Notices of Alleged Copyright Infringement **

A copyright owner or the owner’s agent (“Notifying Party”) should be encouraged to provide a notice of copyright infringement that includes all of the information set forth in the Rockset Copyright Policy copied below. This Copyright Policy should be conspicuously posted on Rockset’s website.

[Insert the Copyright Policy]

B. Notifying Party Is Copyright Owner or Authorized Agent

If it appears from the notice (including based on the representations contained in the notice) that the Notifying Party is the copyright owner or authorized agent, then the next inquiry is whether the Notice is complete or at least provides sufficient information such that Rockset could reasonably locate the allegedly infringing material or reference or link to the material or activity that is claimed to be infringing.

  1. Key Portions of Notice Are Complete. If a Notifying Party supplies at least the pieces of information equivalent to Notice Form items (1), (2) and (3) and there is nothing to indicate that the notice is invalid or inappropriate, then take the following steps.

(a) If the Notifying Party has identified specific material or specific references or links on the Site, then remove such material or references or links.

(b) If the Notifying Party has identified a representative sample of allegedly infringing works on the Site, or references or links to material or activity that is claimed to be infringing on the Site, then, to the extent the Notifying Party has identified the allegedly infringing material or one or more specific links pointing to allegedly infringing material, on the Site, follow the steps set forth in subsection (a). If it is possible to extrapolate the sample and identify similarly infringing material and/or references or links thereto, then also remove that material and references or links. If you are uncertain, consult with counsel about how to respond to any other information the Notifying Party has provided. Further searching by Rockset of the Site or further contacting of the Notifying Party for other potentially infringing material and accompanying action may or may not be required.

(c) Where material or references or links have been removed or disabled pursuant to Sections (a) and (b), record an infringement against that subscriber or account holder.

  1. Notice Is Not Substantially Complete If any of the following situations exist, send the notice below:

(a) the Notifying Party does not supply at least the pieces of information equivalent to Notice Form items (1), (2) and (3); or

(b) the information included in items (1), (2) and (3) are provided but there are factors indicating that the notice is invalid or inappropriate:

Thank you for notifying Rockset of a potential infringement of intellectual property rights. Rockset respects the intellectual property rights of others, and expects its account holders to do the same. Unfortunately, the notice you supplied is incomplete. Please return to Rockset’s Copyright Agent a notice that includes all items specified in Rockset’s Copyright Policy (available here [insert link] and linked to the home page of the Rockset website) so that we may further investigate. Unless you return a fully completed notice to us, we may be unable to take further action. Thank you. Please return the completed notice to: Copyright Agent c/o Rockset, Inc. [Insert Address] [Insert fax number] [Insert email address] [Insert Telephone number]

C. Unclear Whether Notifying Party is Copyright Owner or Authorized Agent

  1. Notice Otherwise Complete. If a Notice is received from a Notifying Party and it is not apparent from the Notice itself whether the Notifying Party is the owner of the copyright in the allegedly infringing material, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright, then determine whether—aside from this missing information regarding the Notifying Party’s status—the Notice is otherwise complete. If it is, then send the following:

Thank you for notifying Rockset of a potential copyright infringement. Rockset respects the intellectual property rights of others and expects its users to do the same. We are unable to determine from your notice whether you are: 1) the copyright owner; 2) someone authorized to act on behalf of the copyright owner or pursuant to an exclusive right of the copyright allegedly infringed; or 3) neither the copyright owner nor an authorized agent. Please inform Rockset’s Designated Copyright Agent of your standing in this matter within five business days. Unless you provide the information requested, we may not be able to take further action. Please send your reply to: Copyright Agent c/o Rockset, Inc. [Insert Address] [Insert fax number] [Insert email address] [Insert Telephone number]

If the Notifying Party replies within five business days that he or she is in category (1) or (2), then proceed with the steps set forth in Section B above. Otherwise, follow the steps in Section D below.

  1. Notice is Also Deficient in Other Respects. If it is unclear whether the Notifying Party is the copyright holder or someone authorized to act on the copyright holder’s behalf or under an exclusive license, and if the information provided in the Notice is also incomplete, then send the following response:

Thank you for notifying Rockset of a potential copyright infringement. Rockset respects the intellectual property rights of others and expects its users to do the same. We are unable to determine from your notice whether you are: 1) the copyright owner; 2) someone authorized to act on behalf of the copyright owner or pursuant to an exclusive right of the copyright allegedly infringed; or 3) neither the copyright owner nor someone authorized to act on behalf of the copyright owner or pursuant to an exclusive right of the copyright allegedly infringed. In addition, the notice you have provided is incomplete. Please inform Rockset’s Designated Copyright Agent of your standing in this matter within five business days together with a notice that includes all of the elements of Rockset’s Copyright Policy (available here [insert link] and linked to the home page of the Rockset website) so that we may further investigate. Unless you provide the information requested, we may not be able to take further action. Please send your reply to: Copyright Agent c/o Rockset, Inc. [Insert Address] [Insert fax number] [Insert email address] [Insert Telephone number]

D. Notifying Party is Not Copyright Owner or Authorized Agent

If a Notice is received and it is apparent from the Notice itself that the Notifying Party is not the copyright owner of the allegedly infringed material, or authorized to act on behalf of the owner of the copyright or pursuant to any exclusive right under the copyright, or if a Notifying Party, as a result of the steps taken in Section C, replies that it is neither the copyright owner nor authorized agent or fails to reply within five business days, then:

  1. If the Notice supplied by the Notifying Party contains facts from which infringing activity is apparent and sufficient information to locate the infringing material, then remove or block access to the allegedly infringing material or the reference or link to the material or activity that is claimed to be infringing. Record a mark of infringement against that subscriber or account holder.
  2. If the Notice supplied by the Notifying Party does not contain facts from which infringing activity is apparent or sufficient information to locate the material or make a determination regarding infringement, then reply with the following message:

Thank you for notifying Rockset of a potential infringement of intellectual property rights. Rockset respects the intellectual property rights of others and expects its users to do the same. Your notice to us, however, is incomplete. To be able to take any further action, we need the following information: (1) identification of the material that you claim is infringing and (2) the basis for your belief that the material you have identified is infringing. Please provide the URL or other information where that material may be found to the Copyright Agent listed below. Without this additional information, we may be unable to take further action. If you have additional questions please contact us at: Copyright Agent c/o Rockset, Inc. [Insert Address] [Insert fax number] [Insert email address] [Insert Telephone number]

  1. If the Notifying Party replies with all of the required information but it is not clear whether the material is infringing, then forward such information to legal counsel to assist in determining whether the identified material or references or links should be blocked or removed from the Rockset Site.

Exhibit B

First and Second Infringement Notice

Dear Rockset User:

This is to notify you that we have become aware that [the following material that you have posted to the [Rockset service is alleged to infringe a third party’s copyrights]/[that the following references or links that you have posted to the Rockset service point to material or activity that is claimed to be infringing].

[Identify material or references or links]

[This material]/[These references or links* *to the material or activity that is claimed to be infringing]*, *[has]/[have] been removed or access has been disabled as a result.

Rockset has adopted a “Repeat Infringer” policy [insert link to Rockset Copyright Policy] in accordance with the Digital Millennium Copyright Act. Under that policy, we will [in appropriate circumstances] terminate an account if we determine that infringing material has, or references or links to infringing material or activity have, been posted to Rockset from the account repeatedly and despite warning to the holder of that account. In accordance with that policy, if we receive additional infringement notices related to your activity or if in our opinion you conduct further infringing activity, we may terminate your account without further notice.

If you believe that the allegation of copyright infringement that led to the removal of, or disabling of access to, your material or references or links was a mistake or misidentification of material or references or links, you may elect to send us a counter notification. To be effective it must be a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. Identify the material or the reference or link that has been removed or to which access has been disabled and the location at which the material or reference or link appeared before it was removed or access to it was disabled.
  2. Provide your mailing address, telephone number, and, if available, email address.
  3. Include both of the following statements in the body of the Notice:
  4. “I hereby state under penalty of perjury that I have a good faith belief that the material or reference or link was removed or disabled as a result of mistake or misidentification of the material or reference or link to be removed or disabled.”
  5. “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Rockset may be found, and I will accept service of process from the complaining party who notified Rockset of the alleged infringement or an agent of such person.”
  6. Provide your full legal name and your electronic or physical signature.

Such written notice must be sent to our designated agent as follows:

Copyright Agent c/o Rockset, Inc.

[Insert Address] [Insert fax number] [Insert email address] [Insert Telephone number]

Please note that under applicable law, any person who knowingly materially misrepresents that material or references or links to material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Very truly yours,

[Full Company Name]

Exhibit C

Notice of Account Termination

Dear Rockset User:

We have received multiple notices that [material posted by you to the Rockset service infringe third party copyrights]/[references or links posted by you to the Rockset service point to material or activity that is claimed to be infringing of third party copyrights]. In response, we have removed the **[materials]/ [references or links to material or activity that is claimed to be infringing] **from [Full Company Name]. Please understand that Rockset respects copyright law and expects its users to do the same.

Rockset has adopted a “Repeat Infringer” policy [insert link to Rockset Copyright Policy] in accordance with the Digital Millennium Copyright Act. Under that policy, we will terminate an account if we determine that infringing material has, or references or links to infringing material or activity have, been posted to Rockset from the account repeatedly. Based on the multiple notices of infringement received with respect to your account, we have been required to disable and permanently terminate your Rockset account.

Very truly yours,

Rockset, Inc.

Exhibit D

Notice to Copyright Owner of Counter-Notification

You recently notified Rockset of a belief that [copyrighted material]/[a reference or link to material or activity that you claim to be infringing] was being made available through [Full Company Name] without authorization. In response, we [removed such material]/[removed and disabled access to such reference or link to material or activity that you claim to be infringing]. We have been provided with the attached Counter-Notice with respect to the allegedly infringing material. We will restore access to the material 10 business days after our receipt of the Counter-Notice, unless within that time our Copyright Agent (listed below) receives notice from you that an action has been filed seeking a court order to restrain the Rockset account user from engaging in infringing activity relating to material made available through the Rockset service.

The contact information for Rockset’s Copyright Agent is as follows:

Copyright Agent c/o Rockset, Inc. [Insert Address] [Insert fax number] [Insert email address] [Insert Telephone number]

Very truly yours,

Rockset, Inc.

[Attach a copy of Counter-Notification]

Exhibit E

Notice to Copyright Owner of Actions Taken by Rockset

You recently notified Rockset of a belief that **[copyrighted material]/[a reference or link to material or activity that you claim to be infringing] **was being made available through [Full Company Name] without authorization. We confirm that

[Note for Rockset: Please choose as applicable from the bullets below.]

  • we have [removed such material]/ [removed and disabled access to such reference or link to that material or activity you claim to be infringing].
  • the reference or link to material or activity that you claim to be infringing was already removed by the Rockset user who provided reference or link prior to any action taken by Rockset to contact the user.
  • The Rockset user, who provided the reference or link to the material or activity that you claim to be infringing has been identified by Rockset as a repeat infringer and consequently, Rockset has disabled the user’s Rockset account. Rockset has adopted a “Repeat Infringer” policy [insert link to Rockset Copyright Policy] in accordance with the Digital Millennium Copyright Act. Under that policy, we will terminate an account if we determine that infringing material has, or references or links to infringing material or activity have been posted to Rockset from the account repeatedly and despite warning to the holder of that account.

Very truly yours,

Rockset, Inc.

_ _

Exhibit F

Notice of Account Termination for Breach of Rockset Terms of Service

Dear Rockset User:

As a Rockset user, you are required to comply with the Rockset Terms of Service [insert link]. We have observed that your activity on Rockset includes broadcasting material and inclusion of references or links to material that violates the Terms of Service and in particular the General Prohibitions Section. Consequently, and as we are permitted to do under the Terms of Service, we have disabled and permanently terminated your Rockset Account effective immediately.

Very truly yours,

Rockset, Inc.

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