Copyright Infringement
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ServerPoint.Com
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.
Contact information of Agent Designated to Receive Notification of Claimed Infringement:
Notification by smail
ServerPoint.Com
ATT: M Gonzalez
10620 S Highlands Pkwy
Suite 110-491
Las Vegas NV 89141
Notification by fax
702-442-1962 ATT: DMCA Personnel
Notification by e-mail
Notice to Owners of Copyrighted Works
If you have a good faith belief that a ServerPoint.Com customer has posted material that infringes your copyright, you must submit a written claim to our designated agent.
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 designated agent identified above
Report a claim of infringement must include the following:
- A physical or electronic 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 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.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- 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.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is 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 will
- expeditiously remove or disable access to the material that is claimed to be infringing.
- Take reasonable steps to notify the alleged infringer ("Customer") of the infringement claim(s) and that the material claimed to be infringing has been removed or that access to the material has be disabled
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.

