PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH TITLE 17, SECTION 512, OF THE UNITED STATES CODE
The individual below is the “Designated Agent”:
Service Provider(s): RackCo.com LLC
Designated Agent for Title 17, Section 512 Notifications
9588 Gator Drive Bld. 3 Unit 4 Sebastian
ALL CLAIMS OF COPYRIGHT INFRINGEMENT MUST MEET THESE REQUIREMENTS:
IT MUST BE SENT TO THE DESIGNATED AGENT OF RECORD LISTED ABOVE VIA ONE OF THE FOLLOWING METHODS:
- Physical Address certified or registered mail
- Electronic delivery with electronic signature
- Facsimile delivery
IT MUST INCLUDE EACH THE FOLLOWING:
- A physical or electronic signature of a person(s) authorized to act on behalf of the owner of an exclusive right that is claimed to be infringed on
- Identification of the copyrighted work claimed to have been infringed, if more than one infringement is located on a single site you must list all infringed works on the site in question in a single notification
- Identify the material(s) that are claimed to be infringing that is to be removed or disabled and information sufficient to permit the service provider to locate the material in order to comply
- Information to permit the service provider to contact the Complaining Party, such as an address, telephone number and an email address where we can contact the complaining party
- A statement confirming that the Complaining Party has a good faith belief that the use the material is not authorized by the copyright owner or its agents
- A statement that the information in the notification is true and correct and that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
WHEN THE SERVICE PROVIDER RECEIVES PROPER NOTIFICATION THAT COMPLIES WITH THE RULES LISTED ABOVE THEY WILL DO THE FOLLOWING:
- Expeditiously remove or disable access to the material that is claimed to be infringing; and
- Take reasonable steps to notify the alleged infringer (“Customer”) of the infringement claim(s) and that the material claimed to be infringing has been removed or that access to the material has been disabled.
UPON RECEIPT OF NOTICE FROM THE SERVICE PROVIDER THAT A CLAIM OF INFRINGEMENT HAS BEEN MADE AGAINST THEM AND THAT THE MATERIAL HAS BEEN REMOVED OR THAT ACCESS TO IT HAS BEEN DISABLED, THE CUSTOMER MAY PROVIDE A COUNTER-NOTIFICATION.
TO BE EFFECTIVE, A COUNTER NOTIFICATION MUST MEET THE FOLLOWING REQUIREMENTS:
- It must be sent to the Service Provider’s Designated Agent;
- It must include the following:
- A physical or electronic signature of the Customer;
- 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 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;
- 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 Customer’s 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 or an agent of such person
UPON RECEIPT OF A COUNTER NOTIFICATION FROM THE CUSTOMER CONTAINING THE INFORMATION AS OUTLINED ABOVE, THE SERVICE PROVIDER 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 Customer 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.