It is Yerasoft’s policy and responsibility to respond to notices of alleged infringement with intellectual property laws and the Digital Millennium Copyright Act (DMCA) http://lcWeb.loc.gov/copyright/.
Yerasoft's response may include a DMCA take down or removing access to material claimed to be the subject of infringement and/or terminating a Customer’s account including but not limited to termination of a Customer’s Website.
If we remove or take down access in response to such a notice, we will attempt to contact the Customer prior to the action. so they may respond to the party that is claiming infringement.
Please note that under the DMCA you will be liable for damages (including attorney’s fees) if you misrepresent a copyright infringement. If you are not sure whether material available online infringes on your copyright we suggest you obtain legal counsel first.
Notification of Infringement
If you believe your work has been copied in a way that violates your intellectual property rights please provide Yerasoft's Copyright Agent with the following information:
- Identify the copyrighted work or other intellectual property that you claim has been infringed. (Include specific URL’s or other identifying information.)
- Identify the material you claim is infringing on the copyright work in point 1. (Includes specific URL’s or other identifying information. Be specific about content and/or images. If you list only a URL you are claiming the entire page is infringing.
- Provide your contact information including, name, address, telephone number and e-mail address. E-mail address preferred. Include signature or electronic signature.
- Include a statement that you “have a good faith belief that use of the copyrighted material 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.”
Counter Notification
The Customer of an affected Website may make a counter notification pursuant to the DMCA. Upon receipt of a proper counter notice we will provide a copy of the counter notification to the claiming party. We may cease disabling access in 10 business days from the date we notify the claiming party unless we receive notification from the claiming party that a lawsuit has been filed in district court within 14 days.
If we block access to a URL to disable the allegedly infringing material, a counter notification will be required even if the allegedly infringing material has been removed or disabled and will no longer be shown, before we will cease disabling access to the blocked URL.
Please note that under the DMCA you will be liable for damages (including attorney’s fees) if you misrepresent that a product or activity is not infringing the copyright rights of others. If you are not sure whether material available online infringes on the copyright of others, we suggest you obtain legal counsel first.
To provide a counter notification, please provide Yerasoft's Copyright Agent with the following information.
- Identify the copyrighted work that Yerasoft has removed or disabled access. (Include specific URL’s or other identifying information.)
- Provide your contact information including, name, address, telephone number and e-mail address; e-mail address is preferred. Include signature or electronic signature.
- Include a statement that you will consent to service of process from the person who provided the notification and that you will consent to the jurisdiction of Federal District Court for the district in which your address is located or to an appropriate U.S. judicial body if overseas.
- Include a statement that “I swear, under penalty of perjury, that I have a good faith belief that use of the copyrighted material described above as allegedly infringing was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material described above has been removed or disabled at the URL identified and will no longer be shown.”
Account Termination
Yerasoft may terminate the account of repeat infringers. If you believe that an account holder is a repeat infringer please notify Yerasoft’s Copyright Agent with the appropriate information for us to verify that the account holder is a repeat infringer. |
