Site5 takes intellectual property rights very seriously and it is our policy to respond to clear notices of alleged copyright infringement. This DMCA Policy ("DMCA") describes the information that should be present in these notices and is incorporated by reference into Site5's Terms of Service. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to verify. Unless otherwise stated, defined terms in this DMCA Policy have the meanings provided in the Terms of Service.
To file a notice of alleged infringement with us, you must provide a written notice that includes your full contact information and sets forth the items specified below. The full text of the DMCA (Digital Millennium Copyright Act) can be found at the following URL: www.copyright.gov.
- The name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
- Identification of the copyrighted work(s);
- Identification of the infringing material you are asking us to remove or disable, and the Internet location of the infringing material;
- A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the complaint 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.
- Your signature
Please email or fax the signed notification using the following contact information:
- Email: firstname.lastname@example.org
- Fax: (678) 298-6780
Alternatively, you may mail the signed notification to the following address:
- Site5, ATTN: DMCA Compliance, 2500 Ridgepoint Drive, Suite 105c Austin TX 78754
Or, you may use our online form at site5.com/legal/dmca/submit
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Site5 may respond to take-down notices by removing or disabling access to the allegedly infringing material and/or by terminating services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the Customer and/or administrator of the affected site or content.
Site5 may document notices of alleged infringement it receives and/or on which we action is taken. 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.
Upon receipt of notice from Site5 that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Customer may provide a counter notice.
To be effective, a counter-notice must include ALL of the following information:
- A physical or electronic signature of the Customer;
- 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 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; and
- The Customer’s name, address, and telephone number, and a statement that the customer consents to the jurisdiction of Federal District Court for the judicial district in which the Customer is located, or if the Customer’s address is outside of the United States, the jurisdiction of the U.S. District Court for the District of Massachusetts, and that the Customer will accept service of process from the complainant or the complainant’s agent.
Upon receiving a proper counter-notice, Site5 will take reasonable steps to restore the material in 10-14 business days unless the copyright owner commences court proceedings to prevent the restoration of the material and Site5 is informed of such proceedings.