Digital Millennium Copyright Act
It is our policy to respond to clear notices of alleged
copyright infringement. This page describes the information that should
be present in these notices. It is designed to make submitting notices
of alleged infringement to Globalsites.net 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.
Regardless of whether we may be liable for such infringement
under local country law or United States law, our response to these
notices may include removing or disabling access to material claimed
to be the subject of infringing activity and/or terminating
subscribers. 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 they may make a
counter notification. We may also document notices of alleged
infringement on which we act. Please note that in addition to being
forwarded to the person who provided the allegedly infringing content,
a copy of this legal notice may be sent to a third-party partner for
publication and annotation. As such, your letter (with your personal
information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
To file a notice of infringement with us, you must provide a
written communication (by fax or regular mail -- not by email, except
by prior agreement) 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. Indeed, in a recent case
(please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/
for more information), a company that sent an infringement notification
seeking removal of online materials that were protected by the fair
use doctrine was ordered to pay such costs and attorneys fees. The
company agreed to pay over $100,000. 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):
1. 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://www.legal.com/legal_page.html") or other information sufficient
to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit Globalsites.net to contact you (email address is preferred).
4. Provide information, if possible,
sufficient to permit Globalsites.net to notify the owner/administrator
of the allegedly infringing webpage or other content (email address
is preferred).
5. 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."
6. 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."
7. Sign the paper.
8. Send the written communication to the following address:
Globalsites.net, Inc.
Attn: Globalsites.net Legal Support, DMCA Complaints
100 John Sutherland Drive, Suite 8
Nicholasville, KY 40356
OR fax to:
859.879.1868, Attn: Globalsites.net Legal Support, DMCA Complaints
Please note that a copy of each legal notice we receive is sent
to a third-party partner for publication and annotation. As such, your
letter (with your personal information removed) will be forwarded to
Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861. A link to your published letter will be displayed in Globalsites.net's search results in place of the removed content.
The administrator of an affected site or the provider of
affected content may make a counter notification pursuant to sections
512(g)(2) and (3) of the Digital Millennium Copyright Act. When we
receive a counter notification, we may reinstate the material in
question.
To file a counter notification with us, you must provide a
written communication (by fax or regular mail -- not by email, except by
prior agreement) 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 not infringing the copyrights of others. Accordingly, if
you are not sure whether certain material infringes the copyrights of
others, we suggest that you first contact an attorney. A sample
counter notification may be found atwww.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the specific URLs or other unique
identifying information of material that Globalsites.net has removed
or to which Globalsites.net has disabled access.
2. Provide your name, address, telephone
number, email address, and a statement that you consent to the
jurisdiction of Federal District Court for the judicial district in
which your address is located (or Santa Clara County, California if
your address is outside of the United States), and that you will
accept service of process from the person who provided notification
under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear,
under penalty of perjury, that I have a good faith belief that each
search result, message, or other item of content identified above was
removed or disabled as a result of a mistake or misidentification of
the material to be removed or disabled, or that the material
identified by the complainant has been removed or disabled at the URL
identified and will no longer be shown."
4. Sign the paper.
5. Send the written communication to the following address:
Globalsites.net, Inc.
Attn: Globalsites.net Legal Support, DMCA Complaints
100 John Sutherland Drive, Suite 8
Nicholasville, KY 40356
OR fax to:
859.879.1868, Attn: Globalsites.net Legal Support, DMCA Complaints
Many Globalsites.net Services do not have account holders or
subscribers. For Services that do, Globalsites.net will, in appropriate
circumstances, terminate repeat infringers. If you believe that an
account holder or subscriber is a repeat infringer, please follow the
instructions above to contact Globalsites.net and provide information
sufficient for us to verify that the account holder or subscriber is a
repeat infringer.