Digital Millennium Copyright Act
On this page, you will find information about copyright infringement procedures and policies that apply to website residing on servers owned and operated by Acenet, Inc.
Copyright Infringement Notice
You should consult a qualified attorney before submitting a DMCA complaint.
If you believe that material on a website violates your copyright, you may send Acenet a copyright infringement notice. Section 512(c) of the Copyright Act requires that a notice must be in writing and must include substantially all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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 at that site.
- 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 Acenet to locate the material. Acenet requests that complete URLs for each instance of the allegedly infringing material be provided. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit contact to you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you 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.
- A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
A written copyright infringement notice must be sent to Acenet via mail, fax, or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if the notice is sent via email.
After receipt of a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, Acenet is required to:
- Expeditiously remove or disable access to the material that is alleged to be infringing.
- Take reasonable steps to promptly notify the affected account holder that Acenet has removed or disabled access to the material from his or her account.
If someone has filed a false DMCA complaint against you for content on your website, consult your Internet attorney immediately to determine what your course of action should be.
Acenet must assume the DMCA complaint is valid unless it receives a counter notification. Section 512(g) of the Copyright Act requires that a counter notification must be in writing and must include substantially all of the following:
- Your physical or electronic signature.
- 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. Acenet requests that complete URLs for each instance of the affected material be provided.
- A statement under penalty of perjury that you have 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.
- Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for the Federal District Court of Detroit, Michigan, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
A counter notification must be sent to Acenet via Postal Mail, Fax, or a scanned document. Counter Notification must have the hand-written signature of the person who is filing the counter notification.
After receipt of a valid copyright infringement notice meeting the requirements of Section 512(g) of the Copyright Act, Acenet is required to:
- Promptly provide the person who provided the copyright infringement notice with a copy of the counter notification, and inform that person that Acenet will replace the removed material or cease disabling access to it in 10 business days.
- Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless Acenet first receives notice from the person who submitted the copyright infringement notice that such person has filed an action seeking a court order to restrain the account holder from engaging in infringing activity relating to the material on Acenet's servers or network.
Copyright Abuse Policy
Acenet will terminate, in appropriate circumstances, accounts who receive frequent copyright infringement notifications. No refund will be offered.
Counter claims must be sent
- By email: firstname.lastname@example.org
- or -
- By mail:
24275 Northwestern Highway Ste 102
Southfield, MI 48075
Attn: Abuse Department