NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement
on the Just Host ("Just Host") system or Web site should be sent ONLY to our Designated Agent.
NOTE: The Following Information is provided solely for notifying Just Host that your copyrighted material
may have been infringed.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING,
YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS
FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS
A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR
CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A
RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
ATTN: Legal Department
5335 Gate Pkwy
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE
FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 801-765-1992). DUE TO THE VAGARIES
OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS
OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE
(VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN
A TIMELY MANNER.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement
must include ALL of the following:
- Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed or a representative list if multiple
works are involved.
- Identification of the material that is claimed to be infringing that should be removed or access to disabled
and information reasonably sufficient to enable the online service provider to locate the material
(usually a URL to the relevant page with description of items on that page claimed to be infringing).
- Information reasonably sufficient to allow the online service provider to contact the complaining party
(address, phone number, e-mail address).
- 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."
- Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the copyright owner.
Upon receipt of notification of a claimed infringement, Just Host will respond expeditiously to remove, or
disable access to, the material that is claimed to be infringing or to be the subject of infringing activity,
regardless of whether the material or activity is ultimately determined to be infringing; if selective
action is not possible, Just Host will terminate the alleged infringer's Internet access.
Just Host will also take reasonable steps to promptly notify the alleged infringer in writing of the claim
against him or her, and that it has removed or disabled access to the material (see Sections 512(c)(1)(C)
and (g) of the DMCA).
Upon receipt of notice from Just Host that a claim of infringement has been made and/or that the material
has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.
To be effective, a Counter Notification must meet ALL of the following requirements:
- It must be a written communication;
- It must be sent to the Service Provider's Designated Agent;
- It must include the following:
- A physical or electronic signature of the Subscriber;
- 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 the Subscriber 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;
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents
to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's
address is located, or if the Subscriber's address is outside of the United States, for any
judicial district in which the Service Provider may be found, and that the Subscriber will
accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above,
Just Host will:
- Promptly provide the Complaining Party with a copy of the Counter Notification
- Inform the Complaining Party that it will replace the removed material or cease disabling access to it
within ten (10) business days following receipt of the Counter Notice;
- Replace the removed material or cease disabling access to the material in not less than ten (10), nor
more than fourteen (14), business days following receipt of the Counter Notice, provided Service
Provider's Designated Agent has not received notice from the Complaining Party that an action has
been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating
to the material on Service Provider's network or system.
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially
misrepresents that material or activity is infringing, or that material or activity was removed or
disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys'
fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee,
or by a service provider, who is injured by such misrepresentation, as the result of the service
provider relying upon such misrepresentation in removing or disabling access to the material or activity
claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.