COPYRIGHT INFRINGEMENT POLICY

Cape Digital Music, LLC ("CDM") requires that all content providers, customers, members and users (together, the "Users") of the services (the "Services") offered by CDM on its website located at www.capedigitalmusic.com (the "Website") comply with U.S. copyright and related laws. It is the policy of CDM, in accordance with the Digital Millennium Copyright Act (the "DMCA") and other applicable laws, to reserve the right to terminate in appropriate circumstances the Services provided to any User who is either found to infringe third party copyright or other intellectual property rights, including repeat offenders, or who CDM believes, in its sole discretion, is infringing such rights. CDM may terminate the Services at any time with or without notice. These policies do not affect any other rights CDM may have under law or contract.

Owners of copyrighted works who believe that their rights have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. CDM has adopted the following general policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the DMCA. The address of CDM's Designated Agent to Receive Notification of Claimed Infringement (the "Designated Agent") is listed at the end of this policy.

It is the policy of CDM to (1) block access to or remove material that it believes in good faith to be the intellectual property of a third party that has been illegally copied and distributed by any of our Users; and (2) remove and discontinue Services to repeat offenders. A repeat offender is a User for whom CDM has received more than two notices of claimed infringement or for which CDM has removed content more than twice. Notwithstanding the preceding, CDM reserves the right, in the sole discretion of CDM, to immediately terminate the account of any User for egregious infringing activities.

PROCEDURE FOR REPORTING CLAIMS

If you believe that material or content residing on or accessible through the Website infringes an intellectual property right that you own or control, send a notice of claimed infringement containing the following information and only the following information to the Designated Agent listed below. Note that you may be liable for damages, including costs and attorneys' fees, if you materially misrepresent that content is infringing your copyrights. Your communication must include all of items listed below.

A physical or electronic signature of a person authorized to act on behalf of the owner of the work that has been allegedly infringed.
A description of works or materials being infringed.
A description of the material that is claimed to be infringing including information regarding the location of the infringing materials that you seek to have removed, with sufficient detail so that CDM is capable of finding and verifying its existence. Providing URLs in the body of your email is the best way to help us locate content quickly.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
The statement "I swear under penalty of perjury that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law."

Note that a copy of your legal notice will be forwarded to the party responsible for providing the alleged infringing content. Please do not include any information in your report other than the above items.

PROCEDURE FOLLOWING RECEIPT OF INFRINGEMENT NOTIFICATION

Upon the receipt by the Designated Agent of proper bona fide infringement notification that complies with the above stated terms, it is the policy of CDM:

to remove or disable access to the infringing material;
to notify the User that it has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system and CDM may, in its sole discretion, terminate such repeat offender's access to the Services.

PROCEDURE TO SUPPLY COUNTER-NOTICE

If the User believes that the material that was removed, or to which access was disabled, is either not infringing, or the User believes that it has the right to post and use such material, the User must send a counter-notice to the Designated Agent containing the information listed below.

A physical or electronic signature of the User.
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.
A statement that the User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.
User's name, address, telephone number and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the User's address is located or, if the User's address is located outside the United States, for any judicial district in which CDM is located, and that User will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, CDM may send a copy of the counter-notice to the original complaining party informing that person that CDM may replace the removed material or cease disabling it in ten (10) business days. Unless the owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored ten (10) days after receipt of the counter-notice at the sole discretion of CDM.

VIOLATION OF TERMS AND CONDITIONS OF USE AND OTHER POLICIES

If User uses the Services in a way that CDM, in its sole discretion, believes violates CDM's Terms and Conditions of Use or other policies, CDM may take any responsive actions that it deems appropriate, including temporary or permanent removal of content and the immediate suspension or termination of all or any portion of the Services. CDM and its agents will have no liability for any these responsive actions.

CDM further reserves the right to investigate suspected violations of its policies. User expressly authorizes CDM to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations; and (ii) system administrators at Internet Service Providers or other network or computing facilities in order to enforce this policy. This cooperation may include CDM providing available personally identifiable information about User to law enforcement or system administrators including, but not limited to, user name and other account information. Upon termination of User's account, CDM is authorized to delete any files, programs, data and e-mail messages associated with User's account.

USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CDM AND ITS AFFILIATES, SUPPLIERS, AND AGENTS AGAINST ALL CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) RESULTING FROM USER ENGAGING IN ANY OF THE PROHIBITED ACTIVITIES LISTED IN THIS POLICY OR RESULTING FROM USER'S VIOLATION OF THE POLICY OR OF ANY OTHER POSTED CDM POLICY RELATED TO THE SERVICES. USER'S INDEMNIFICATION WILL SURVIVE ANY TERMINATION OF THE USER'S USE OF THE SERVICES.

DESIGNATED AGENT