DMCA Policy

Packet Host, Inc. (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is as follows:

Designated Agent,
Packet Host, Inc.,
30 Vesey Street, 9th Floor,
New York, NY 10007

Procedure

Procedure for Reporting Copyright Infringement:

If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information as required by Section 512 (c)(3)(A), to the Designated Agent. The following comes directly from the statute:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. 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
  3. 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
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
  5. 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
  6. 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
  7. Please send the notice of copyright infringement to the Designated Agen, via certified mail (we are not equipped to accept e-mailed submissions):

Designated Agent,
Packet Host, Inc.,
30 Vesey Street, 9th Floor,
New York, NY 10007

 

Procedure for making a Counter Notification

If you are a Customer of the Company and have had material that you’ve placed online removed pursuant to an infringement complaint and feel that it is not in fact an infringement, you can submit a counter notification. Please send a notice of copyright infringement containing the following information, as required by Section 512 (g)(3), to the Designated Agent listed above. The following comes directly from the statute:

  1. A physical or electronic signature of the Customer
  2. 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
  3. 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
  4. 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 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 the Customer will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person

The Company is not required to respond to counter notifications that do not adhere to the requirements set forth in Section 512 (g)(3).

The Company’s Designated Agent will deliver the Customer’s counter notification to the original individual who filed the DMCA copyright infringement complaint informing them that the removed material will be replaced within 10 -14 business days following notification. Once the notification has been delivered the Company is authorized as per the provisions set forth in Section 512 to reinstate the removed material and cease disabling access 10 -14 following the receipt of the counter notice unless the Company receives notice that the original individual is proceeding with a court order against the Customer.

Injunction

Possession of an Injunction

If the Company receives a notification and appropriate accompany documentation from a copyright holder that they are in possession of an injunction that prohibits the Company from providing access to the infringing material, the customer will be informed immediately and the Company will follow all requirements as set forth in the injunction.

 

Repeat Infringers

Company Policy

It is the Company’s policy to terminate Customers who are deemed to be repeat infringers of the DMCA.