DMCA and Copyright Policy

1. Our policy

[COMPANY NAME] LLC respects the intellectual property of others and expects our customers to do the same. We respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. This policy applies to our own website and to the Managed Websites we host for our customers, and it is part of our Terms of Service.

2. Designated agent

Our designated agent to receive notifications of claimed infringement is:

Our agent is registered with the U.S. Copyright Office (registration number [DMCA-XXXXXXX]) and is listed in its DMCA Designated Agent Directory. Only copyright notices should be sent to this agent; other messages may not receive a response.

3. Sending a takedown notice

Under 17 U.S.C. § 512(c)(3), your written notice must include substantially the following (email to dmca@[DOMAIN] is preferred):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed or, if multiple works at a single site are covered by one notice, a representative list of those works;
3. identification of the material claimed to be infringing that should be removed or disabled, and information reasonably sufficient for us to locate it, such as the exact URLs;
4. your name, address, telephone number and, if available, email address;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A notice that does not substantially meet these requirements may not be acted on.

4. What happens after a notice

When we receive a valid notice, we act expeditiously to remove or disable access to the material. For a Managed Website, this may mean asking our customer to remove the material and, if it is not removed promptly, disabling the affected content or taking the site offline. We notify the affected customer and may give them a copy of the notice, including the complainant’s contact details, so that they can respond.

5. Sending a counter-notice

If material you posted was removed or disabled and you believe this happened because of a mistake or misidentification, you may send a counter-notice to our designated agent. Under 17 U.S.C. § 512(g)(3), it must include:

1. your physical or electronic signature;
2. identification of the material that was removed or disabled and the location where it appeared before that;
3. 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; and
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who sent the original notice or that person’s agent.

When we receive a valid counter-notice, we promptly send a copy to the person who sent the original notice and tell them that we will restore the material in 10 business days. We restore the material no fewer than 10 and no more than 14 business days after we receive the counter-notice, unless our designated agent first receives notice that the complainant has filed an action seeking a court order to restrain the alleged infringement.

6. Repeat infringers

In appropriate circumstances, we terminate the Accounts, Subscriptions and Licenses of customers who are repeat infringers, including when an Account is the subject of multiple valid notices that are not resolved by a counter-notice. We may also restrict or terminate access for a single serious infringement.

7. Misrepresentations

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees. Before sending a notice, consider whether the use may be authorized or a fair use. If you are unsure whether material infringes your rights, consult a lawyer.

8. Other complaints

• Trademark and other intellectual property complaints: write to legal@[DOMAIN].
• Unauthorized copies of our own Source Code: write to legal@[DOMAIN] with where you found them.
• Other abuse of our Services: see the reporting section of our Acceptable Use Policy.

The process above applies to copyright notices only; see Section 3 (Sending a takedown notice).