It is our policy to respond to clear notices of alleged copyright infringement. This document
describes the information that should be present in these notices.
It is designed to make submitting notices of alleged infringement to us as
straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice
specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S.
Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.Identify in
sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on
http://eidolonhost.com/tos") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue
is "Intellectual Property: Valuation, Exploitation, and Infringement Damages" by Gordon V. Smith, published by Wiley, ISBN #047168323X"). Identify the
material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing
material. This requires you to provide the URL for each allegedly infringing result, document, or item.
To file a notice of
infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages
(including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure
whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your
request, please use the following format (including section numbers), if using e-mail to: email@example.com and/or fax:
An example of infringing content can consist
http://www.thewebsite.com/something/blah.html Provide information reasonably sufficient to permit
us to contact you. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or
other content (email address is preferred). Include the following statement: "I have a good faith belief that use of the copyrighted materials
described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." Include the following statement: "I swear,
under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed." Sign the document, either in paper form and scanned to PDF to be sent by e-mail, signed digitally
and e-mailed or by fax. If via postal mail, send the written communication to the following address:
Department, DMCA Complaint
P.O Box 7410 PMB 2942
San Luis, Arizona, 85349
United States of America
Regardless of whether we may be liable
for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to
infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact
the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.
We may also document
notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more
third parties who may make it available to the public.
In order to ensure that copyright owners do not wrongly insist on the removal of materials that
actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed
and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]
If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the
claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service
provider is then required to restore the material to its location on its network. [512(g)(2)(C)]
If it is determined that the copyright holder
misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper
removal of the material. [512(f)]
This is provided to help provide a template for DMCA requests.. However, you might have a question that isn't
covered here. If that is the case, please feel free to send your query in to our Security staff: firstname.lastname@example.org. They will work closely with our
technicians and network engineers to make sure you receive the correct answers to your questions in a timely manner.