Volusion DMCA Notice
Last Updated: February 21, 2017.
All terms not otherwise defined herein shall have the definitions set forth in the Terms of Service.
The notification process outlined here is consistent with the process set forth by the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov).
Summary
If anyone believes that material on a website hosted by Us infringes their copyright, that person may send us a written notice as described below. We will attempt to remove or disable the allegedly infringing material. We will then promptly notify the user who posted the allegedly infringement material. That user then has the right to request that the material be reinstated or re-enabled. If they properly make such a request, We will reinstate or re-enable the material unless and until the two parties jointly ask Us to remove it or a court orders us to remove it.
Only copyright owners can report a suspected infringement to Us. If you are not the copyright owner (or the authorized representative of the owner) you cannot report a suspected infringement to Us. If you believe that any content on a website infringes another party's copyright, you should advise the copyright owner directly.
Notice
To file a notice of infringement with Us, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material, we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your copyright (URL of a website or URL to a post, with title, date, name of the emitter), or link to initial post with sufficient data to find it;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
- Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I have 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";
- 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"; and
- An electronic or physical signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed; and
- Send the written communication to:
Volusion, LLC
Attn: DMCA Complaints
1835-A Kramer Lane, Suite 100
Austin, Texas 78758OR email to: legal@volusion.com Attn: DMCA Complaints
Please include section numbers.
Counter Notification
The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. To file a counter notification with Us, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
- 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;
- Your name, address, and telephone number;
- The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
- Sign the document with your physical or electronic signature; and
- Send the written communication to:
Volusion, LLC
Attn: DMCA Complaints
1835-A Kramer Lane, Suite 100
Austin, Texas 78758OR email to: legal@volusion.com Attn: DMCA Complaints
Please include section numbers.
Upon receiving a proper counter notification, We will provide the person who sent the original infringement notification with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice, unless our copyright agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on Our system, pursuant to section 512(g)(2)(c).
Repeat Infringers
It is Our policy to provide for the termination, in appropriate circumstances, of Our customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
Processing Fees
If you use Our Purchased Services, We reserve the right to charge You a processing fee to cover the increasing cost of processing abuse claims for each instance of notification received from a legitimate copyright holder.
