Brainstorm Hosting fully complies with the Digital Millennium Copyright Act (also known as DMCA) to protect the rights of copyrights owners.
If you think that a website hosted on any of our servers contains materials that rightfully belong to you or an entity you represent, you may contact us and invoke the protections provided by the DMCA act.
How to post a DMCA complaint? The complaining party is required to deliver to Brainstorm Hosting the following information:
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and information reasonably sufficient to permit us to locate the material (please provide us the URLs from our customer’s website where the infringing material is located);
- Information reasonably sufficient to allow us to contact the complaining party such as email, telephone, fax, etc.;
- The following statements printed, signed manually and sent (you may scan and attach the statement to an email):
“I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” “Under the penalty of perjury I state that the information contained in my complaint is accurate and I am authorized to act on behalf of the owner of the copyright I claim is infringed.”
- A physical, faxed, or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PLEASE BE ADVISED THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES AND CRIMINAL PENALTIES.
Please note that after we receive your formal complaint, we are required to inform the Respondent of your complaint. If our customer does not remove the infringing material, we will disable access to that material.
The customer has the right to submit a counter-notification in case they disagree with the claim. In such case, the complaining party is provided with 10 days to file a lawsuit against our customer and provide a proof of filing.
If no such proof is submitted or a restraining order is not granted, Brainstorm Hosting will reinstate access to the material.
How to serve a counter-notification? In case of a copyright complaint is filed against a Brainstorm Hosting customer, the customer may voluntarily remove the material or may submit a counter-notification indicating that the case will be resolved in court.
The counter-notification must include all of the following:
- Identification of the material that has been removed or to which access has been disabled and its location;
- Your full legal name, and/or that of the entity claiming to have legitimate access to the content, address, and telephone number;
- The following statements printed, signed and sent (you may scan and attach them to an email):
“I have a good faith belief that the material was removed or disabled in error or misidentification and I believe it is not infringing upon anyone’s copyrights.
I understand that I am declaring the above under penalty of perjury, meaning that if I am not telling the truth I may be committing a crime.”
“I consent to be served by the person, who gave notice to my Service Provider, or his agent. I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which the Service Provider may be found.”
- A physical signature of the alleged infringer.
Whom to contact about DMCA issues? As required by the Digital Millennium Copyright Act of 1998 (17 U.S.C. 512 (c)), all notifications of copyright infringement regarding websites hosted by Brainstorm Hosting should be sent ONLY to its designated agent.
Brainstorm Hosting Company 2208 E. Hackamore St. Mesa, 85213 AZ, USA Phone: +1.480.319.3433 Email: firstname.lastname@example.org ANY INQUIRIES OTHER THAN THESE RELATED TO THE DMCA WILL BE DELETED. For more information about DMCA please visit http://www.copyright.gov/legislation/dmca.pdf
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