DMCA.com offers its DMCA.com Compliant Badge to any website and ISP that follows the DMCA Takedown Procedures and Process.
That is any website or ISP that will remove (or take down) claimed copyright content upon request by the claimed content owner
Proprietary Rights and Intellectual Property
"mywebsitecompany.com Technology" means mywebsitecompany.com's proprietary technology, including, without limitation, the equipment, services, software tools, hardware designs, algorithms, software (in source code and object code forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how and trade secrets and any intellectual property or other proprietary rights related thereto, whether tangible or intangible, throughout the world (whether owned by mywebsitecompany.com or licensed by mywebsitecompany.com from a third party), including, without limitation, any derivatives, improvements, enhancements, updates, modifications or extensions to the same conceived, reduced to practice or developed.
“Content” refers to all content, images, photographs, audio, video, audio-visual, text, graphics, artwork, illustrations, animations, data, information, databases, designs, other proprietary information and materials and all copyrightable or otherwise legally protectable elements, tangible or intangible, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, as well as all copyright and other rights in Marks or other intellectual property which you may encounter, are provided by, available from, or for your use in connection with the mywebsitecompany.com Network. We use the term “Marks” to refer to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. “mywebsitecompany.com Content” means Content which is the property of or licensed by mywebsitecompany.com. “Your Content” means the Content which is proprietary to or licensed by you. “Third Party Content” means the Content which is the property of or licensed by a third party.
The mywebsitecompany.com Technology and mywebsitecompany.com Content (collectively the “mywebsitecompany.com Intellectual Property”) is either our property or owned by our licensors, suppliers, operational service providers, advertisers, business or promotional partners or sponsors and is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and international treaties. We make no representations about the accuracy, reliability, completeness, or timeliness of any mywebsitecompany.com Intellectual Property or the results to be obtained from using the mywebsitecompany.com Intellectual Property and you expressly agree that your use of our
mywebsitecompany.com Network and mywebsitecompany.com Intellectual Property is solely at your own risk. You may only use the mywebsitecompany.com Intellectual Property in the form and through the channels we provide through the mywebsitecompany.com Network; and you may not provide, grant access, assign, copy, transfer or transmit any mywebsitecompany.com Intellectual Property to any other party or use it for any purpose other than as permitted in conjunction with your use of the mywebsitecompany.com Network pursuant to the terms and conditions of your Service Agreement with mywebsitecompany.com. If you violate these terms and conditions, in addition to any other rights we may have under the Service Agreement with you, we may terminate our Service Agreement with you and your license and rights to use the mywebsitecompany.com Intellectual Property. And we or, as applicable, our licensors or suppliers may enforce our respective rights and seek damages and any other remedies permitted bylaw, directly against you.
Third Party Websites
The appearance, availability, or your use of third party websites, URLs or hyperlinks (often referred to as ‘links’) hosted, referenced or included anywhere on the mywebsitecompany.com Network, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of mywebsitecompany.com, or its respective successors and assigns, and/or their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third parties or third party websites, any Third Party Content, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with such third party or parties, whether or not any mywebsitecompany.com Marks or any evidence of sponsorship is displayed on or in connection with the third party website or webpage as part of a co-branding, promotional arrangement or otherwise.
DMCA Notice and Takedown
Upon notice, we will remove or request that a third party remove Content from the mywebsitecompany.com Network that infringes the copyright of others and to the extent we are able to do so we will disable access to our Service by anyone who repeatedly infringes the intellectual property rights of others. mywebsitecompany.com processes claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 et. seq (the "DMCA"). The DMCA addresses the rights and obligations of owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet, as well as the rights and obligations of Internet Service Providers on whose servers infringing material may reside. However mywebsitecompany.com will also process claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 et. seq (the "DMCA") for owners of copyrighted material who believe their rights have been infringed in their jurisdiction, the jurisdiction of the infringing website owner. The application of US Copyright Law cannot apply legally but the process of conducting a takedown request will be the similar.
Upon receipt of written notification provided in the manner required by 17 U.S.C. § 512, or through the approved online application below we will:
- Act expeditiously to remove, or disable access to, the Content that is claimed to be infringing or to be the subject of infringing activity;
- Forward the written notification to the alleged infringer; and
- Take reasonable steps to promptly notify the Content provider that we have removed or disabled access to the allegedly infringing Content.
If you believe that your work has been copied, adapted, reproduced, or exhibited on a Website hosted by mywebsitecompany.com in a way that constitutes copyright infringement, or if you believe that your work has been rebroadcast, redistributed, re-streamed, encoded or transcoded or otherwise reproduced in a way that violates your intellectual property rights, and you would like mywebsitecompany.com to remove the allegedly infringing Content from the mywebsitecompany.com Hosting or Network, you must provide written notice of the claimed infringing activity or complete the approved online application below.
Your notice must include substantially the following information:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on the web site and / or mywebsitecompany.com network, including as applicable its URL, so that we can locate the material;
- Your name
- Your address
- Your telephone number
- Your e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING OUR DESIGNATED CONTACT OR AGENT THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Designation of Agent to Receive Notification of Claimed Infringement
mywebsitecompany.com's designated agent to receive notification of claimed infringement is:
Attn: Legal Department
555 mywebsitecompany address Street
mywebsitecompany City, state, PostalCode
Fax: number if applicable
If you are a customer who has received notice from us that your stream has been shut down or material has been removed from your Web site following our receipt of a notice of claimed copyright infringement, and you are the owner of the allegedly infringing material or are otherwise authorized to use such material (including 'fair use'), you may provide written counter notification to our designated agent. Your counter notification must include substantially the following information:
- Your physical or electronic signature;
- Identification of the allegedly infringing material including the location at which the material appeared before it was removed or access to it was disabled;
- 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;
- Your name
- Your address
- Your telephone number
- Your e-mail address
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, of any judicial district in which mywebsitecompany.com does business, and that you will accept service of process from the complaining party or its agent.
Upon receipt of written counter notification provided in the manner required by 17 U.S.C. § 512, we will:
- Promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days; and
- Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Customer from engaging in infringing activity relating to the material on mywebsitecompany.com's system or network.
Please note: We cannot and do not judge the merits of your claim (or counterclaim).
Accordingly, we will not remove, or disable access to, any allegedly infringing material, nor restore any material that has been so removed, except according to the procedure set forth herein.
Service Fees; Repeat Infringers
Customers who have material removed in response to a notification of claimed infringement, and who do not assert that their use of the material removed was authorized (as evidenced by the filing of a counter notification), will be assessed a service fee of $100.00 per incident. We may, at our discretion, terminate the Service Agreement of any customer in connection with whose account we receive more than one notification of claimed infringement (to which the customer does not provide a counter-notification) in any twelve-month period. We will terminate the Service Agreement of any customer in connection with whose account we receive three notifications of claimed infringement to which the customer does not provide counter-notifications in any twelve month period.
As part of the DMCA.com Compliant Badge Terms of Service, website and ISP owners using the compliant badge must complete all the requirements laid out on the DMCA.com Compliant page. Further when contacted by DMCA.com for clarification or statement regarding the veracity of their compliant status the website owner / contact must reply within 24 hours. Should the Compliant Badge user not respond as per the DMCA Process, DMCA.com reserves the right to stop delivery of the Compliant Badge and mark the site as Unauthorized to use the DMCA.com Compliant Badge.