- What is the DMCA?
- What Types of Copyright Complaints Does PosibleHost Respond To?
- Am I a Copyright Holder How Do I Know?
- What Information Do You Need To Process a Copyright Complaint?
- How Do I File a Copyright Complaint?
- How Are Claims Processed?
- What Happens Next?
- What Happens If I Receive a DMCA Notification?
- When Should I File a Counter-Notice?
- What Information Do You Need to Process a Counter-notice?
- What Happens After I Submit a Counter-notice?
- Filing a DMCA Notification or Counter-notice Is Serious Business!
Section512 of the Digital Millennium Copyright Act (DMCA) outlines the statutory requirements necessaryforformally reporting copyright infringement, as well as providing instructions on how an affected partycanappeal a removal by submitting a compliant counter-notice.
PosibleHost will respond to reports of alleged copyright infringement, such as allegations concerning theunauthorized use of a copyrighted software as an scripts or image, photo, or background, allegationsconcerning the unauthorized use of a copyrighted uploaded through our hosting service, containing linkstoallegedly infringing materials.
If you are unsure whether you hold rights to a particular work, please consult an attorney or anotheradviseras PosibleHost cannot provide legal advice. There are plenty of resources to learn more about copyrightlawincluding http://copyright.gov,http://chillingeffects.org/, andhttp://www.eff.org/issues/bloggers/legal/liability/IP,to name a few.
To submit a notice of claimed copyright infringement, you will need to provide us with the followinginformation:
- A physical or electronic signature (typing your full name will suffice) of the copyright owner or aperson authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to your originalwork or clear description of the materials allegedly being infringed upon);
- Identification of the infringing material and information reasonably sufficient to permitPosibleHost tolocate the material on our website or services;
- Your contact information, including your address, telephone number, and an email address;
- A statement that you have a good faith belief that the use of the material in the manner asserted isnotauthorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury,thatyou are authorized to act on behalf of the copyright owner.
You can report alleged copyright infringement by visiting PosibleHost’s Help Center and filing a copyright report. If you are logged in to PosibleHost.com, you can visit thePosibleHost Help Center directly from your PosibleHost account by clicking the Help link located in thesidebar.
Please be aware that under 17 U.S.C. 512(f), you may be liable for any damages, including costs andattorneysfees incurred by us or our users, if you knowingly materially misrepresent that material or activity isinfringing, as was the case in Lenzv. Universal and OPGv. Diebold. If you are unsure whether the material you are reporting is in fact infringing, youmaywish to contact an attorney before filing a notification with us.
We process reports in the order in which they are received. Once you've submitted your ticket, we
willemailyou a ticket confirmation. Please note, submitting duplicate DMCA notifications may result in a
If we decide to remove or disable access to the material, we will notify the affecteduser(s) after removing or disabling access to the material, provide them with access to the reporter’scomplaint along with instructions on how to file a counter-notice, and forward a copy of the complaintto Chilling Effects.
PosibleHost response to notices of alleged copyright infringement may include the removal or restrictionofaccess to allegedly infringing material. If we remove or restrict access to user content in response toanotice of alleged infringement, PosibleHost will make a good faith effort to contact the affectedaccountholder with information concerning the removal or restriction of access, including a copy of thetakedownnotice, along with instructions for filing a counter-notification.
If If you’ve not yet received a copy of the DMCA notification regarding the content removed from youraccount, please respond to the support ticket we sent you.
In an effort to be as transparent as possible regarding the removal or restriction of access toclients-posted content. We also send a copy of each DMCA notification and counter-notice that we processtoChillingEffects, where they are posted to a public-facing website (with your personal informationremoved).
Under appropriate circumstances, PosibleHost may suspend and warn repeat violators, and in more seriouscases, permanently terminate customers accounts.
If you receive a DMCA notification, it means that the content described in the notification has beenremovedfrom PosibleHost or access to the content on PosibleHost has been restricted. Please take the time toreadthrough our notice to you, which includes information on the notification we received as well asinstructions on how to file a counter-notice.
When Should I File a Counter-notice?
If you believe that the material reported in the DMCA notification you received was misidentified orremovedin error, you should file a counter-notice as per the instructions below.Re-posting material removed in response to a DMCA notification may result in permanent accountsuspension. If you believe the content was removed in error, please file a counter-notification rather thansimply re-posting the material.
To submit a counter-notice, you will need to provide us with the following information:
- A physical or electronic signature (typing your full name will suffice);
- Identification of the material that has been removed or to which access has been disabled and thelocation at which the material appeared before it was removed or access to it was disabled (thedescription from the DMCA notice will suffice);
- A statement under penalty of perjury that you have a good faith belief that the material was removedordisabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction ofFederal District Court for the judicial district in which the address is located, or if your addressisoutside of the United States, for any judicial district in which PosibleHost may be found, and thatyouwill accept service of process from the person who provided notification under subsection (c)(1)(C)oran agent of such person.
To submit a counter-notice, please respond to our original email notification of the removal and includetherequired information in the body of your reply as we discard all attachments for security reasons.
Upon receipt of a valid counter-notice, we will promptly forward a copy to the person who filed theoriginalnotice. If we do not receive notice within 10 business days that the original reporter is seeking acourtorder to prevent further infringement of the material at issue, we may replace or cease disabling accesstothe material that was removed.
We cannot offer any legal advice. Should you have questions, please consult an attorney.
Please think twice before submitting a claim or counter-notice, especially if you are unsure whether youarethe actual rights holder or authorized to act on a rights holder behalf. There are legal and financialconsequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rightsholder, or that you have a good faith belief that the material was removed in error, and that youunderstandthe repercussions of submitting a false claim.
PosibleHost reserves the right to modify the present serice terms at any timewithout any prior notice to you. It is your responsibility to check website for any changes andmodifications to the present Copyright policy.
Last modified: 10/15/2017.