Digital Millennium Copyright Act (DMCA) Policy
Procedure for Making Claims of Copyright Infringement for Purposes of Title 17, Section 512, of The United States Code.
ServerPoint.Com requires DMCA notices to be filed via letter or fax. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email is not an acceptable medium for legal complaints.
Attn: Abuse Department, DMCA Complaint
10620 S Highlands Pkwy
Las Vegas NV 89141
United States of America
702-442-1962, Attn: Abuse Department, DMCA Complaint
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 be effective, a Notification of Claimed Infringement must meet the following requirements:
- Writing a Proper DMCA Notice, and
- Proper DMCA Notice must be sent to the address specified above
To expedite our ability to process your request, please include:
- Signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work/material that is claimed to have been infringed, or, if multiple copyrighted works at a single Customer site are covered by a single notification, a representative list of such works at that site. 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.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as contact information, including your TRUE NAME, street address, telephone number, and email address.
- 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."
ServerPoint.com is not required to respond to notices that do not meet the requirements of Section 512 (c)(3)(A).What We Do When We Receive A Proper DMCA Notice
Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) ServerPoint.com 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.
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)]
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.
ServerPoint.com, as a service provider, has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false.Counter-notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-notification with ServerPoint.com's designated agent at the address listed above. Such counter-notification must contain the following information (Section 512 (g)(3)) and be addressed to our agent (identified above):
- Your physical or electronic signature.
- 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 access to it was disabled.
- A statement under penalty of perjury that YOU the Customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that YOU the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Customer's address is outside of the United States, for any judicial district in which the service provider may be found, and that YOU the Customer will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
ServerPoint.com is not required to respond to counter notifications that do not meet the requirements of Section 512 (g)(3).
Upon receipt of a valid counter-notification containing the information as outlined above, ServerPoint.com will:
- Promptly provide the Complaining Party with a copy of the Counter Notification
- Once the Customer's counter notification has been delivered, ServerPoint.com is allowed under the provisions of Section 512 to restore the removed material in no less than ten nor more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.
It is ServerPoint.com's policy to terminate Customers who are found to be repeat infringers of the DMCA. ServerPoint.com accommodates and does not interfere with "standard technical measures" as that term is defined in Section 512(i)(2).
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.