Digital Millennium Copyright Act (DMCA) Issues

Overview

Copyright compliance is an important issue and is noted in our Accepted Uses Policy for all customers.  If a copyright infringement issue arises, please follow these specific instructions for submitting and countering complaints.  Please also note that the two parties (complainant and countering party) are solely responsible for any consequences resulting from misinformation that may be involved either with the complaint or with the copyrighted materials usage.  WebXess, Inc. (Webii.net) will not act as legal council and will not harbor responsibility for attorney fees or other related costs associated with these disputes.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner/administrator (usually by email) of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.

Instructions for Submitting a Complaint

Write a letter describing your complaint of copyright infringement according to these details:

1) Identify in sufficient detail the web site location(s) where the copyrighted materials are being displayed. (For example, "Copyrighted materials are displayed at the following url: http://www.websitename.com/page.html)

2) Identify the material that you claim is infringing the copyrighted work. Be very specific, as to ensure that the web site owner and other parties can properly identify exact materials needing to be addressed.

3) Provide reasonably sufficient contact information to permit us or other parties to contact you about this matter. We prefer that you include an email address so that we may quickly notify you of the receipt of your notification and updates learned about the issue.

4) Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web site is not authorized by the copyright owner, its agent, or the law."

5) 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."

6) The letter should be signed by an authorized representative of the copyright holder.

Mail or Fax this letter to us.

Instructions for Submitting Counter Notice

The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.  Please prepare a written letter according to the details below (this is to fax or mail, NOT email).

1) Identify the specific URLs of material that we disabled in response to the DMCA complaint against your web site, and describe the infringing items reported by the complainant.

2) Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Travis County, Texas if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

4. Sign the letter.

Mail or Fax this letter to us.

If you have questions about our DMCA policy, you may write to hostmaster@webxess.net.