Notice And Procedure For Making Claims Of Copyright Infringement
TierFive customers are required to respect the legal protection provided by copyright law. If you (“Complainant”) believe that your work has been copied in a way that constitutes copyright infringement by a customer receiving web hosting services from TierFive, please provide to the TierFive.com copyright agent the information listed below, or complete TierFive’s online form found here. To be considered effective pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3), your notification must include the requested information below. This procedure is exclusively for notifying TierFive.com that your copyrighted material has been infringed:
- An electronic or physical signature of the person legally authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim infringes your copyright is located on the site.
- Your address, telephone number and e-mail address.
- A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or legally authorized to act on behalf of the copyright owner.
Designation Of Agent To Receive Notification Of Claimed Infringement
A notification of claimed copyright infringement must be provided in writing to:
Copyright Agent TierFive.com 7582 Las Vegas Blvd., Suite 399 Las Vegas, NV 89123 Phone: (800) 215-1743 Fax: (800) 215-1743 E-mail: firstname.lastname@example.org
Upon receipt of notification of claimed copyright infringement, TierFive will follow the procedures outlined in Title II of the Digital Millennium Copyright Act (17 USC § 512).
Notice And Take-Down Procedures
If TierFive is notified of a credible claim of copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is potentially infringing.
If you received a DMCA notification and believe, upon good faith, that the content was removed or disabled in error, you may provide a counter-notice by notifying us in writing at the designated agent address above, or by emailing email@example.com, and providing the following information:
- A physical or electronic signature (type your full name).
- 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 have 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, mailing address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which Liquid Web may be found, and that you will accept service of process from the Complainant who provided the copyright notification or an agent of such Complainant.
Upon receipt of a counter-notice, Liquid Web shall promptly forward a copy to the Complainant and inform Complainant that it will replace the removed material or cease disabling access to it in ten (10) business days. Liquid Web will replace the removed material and cease disabling access to it in not less than ten (10) business days and no more than fourteen (14), business days following receipt of the counter-notice unless TierFive first receives notice from Complainant that it has filed an action seeking a court order to restrain the Liquid Web customer from engaging in infringing activity relating to the material on Liquid Web’s web hosting site.
Please note and understand before submitting a counter-notice: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Under appropriate circumstances, Liquid Web may, in its discretion, terminate the accounts of customers who are repeat infringers.
Accommodation Of Standard Technical Measures
It is TierFive’s policy to accommodate and not interfere with standard technical measures, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works, and (1) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (2) are available to any person on reasonable and nondiscriminatory terms; and (3) do not impose substantial costs on us or place substantial burdens on our systems or networks.