AccountSupport ("AccountSupport") supports
the protection of intellectual property.
Therefore, we have established the following
policies regarding copyright infringement
claims.
Domain Name Dispute Claims
Please refer to the Uniform Domain Name
Dispute Resolution Policy (the "UDRP") if you
have a concern or dispute concerning a domain
name. The UDRP covers domain names disputes;
this Policy specifically excludes domain name
disputes. Please see
http://www.icann.org/udrp/udrp.htm.
Copyright Infringement Claims
- To notify AccountSupport that there has
been a copyright or trademark violation,
please follow the specific instructions
below for filing a copyright complaint.
- If you are responding to a complaint of
infringement, you will need to follow our
Counter Notification policy below.
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 AccountSupport ("AccountSupport")
system or Web site should be sent ONLY to our
Designated Agent.
NOTE: the following information is provided
solely for notifying AccountSupport 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 FOR
PERJURY.
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:
AccountSupport
David C. Bryson, General Council
70 Blanchard Road
3rd Floor
Burlington, MA 01803
Fax: (781) 998-8277
E-mail: legal@accountsupport-inc.com
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 # 781-998-8277).
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 (i.e., merging a scanned
handwritten signature into the electronic
text or using public-key encryption
technology).
- 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).
- 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, AccountSupport 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, AccountSupport
will suspend or cancel the alleged infringer's
Internet access.
AccountSupport will also take reasonable
steps to promptly notify the alleged infringer
in writing or by e-mail of the claim against him
or her, and that it has removed or disabled
access to the material or suspend or cancel
Internet access (see Sections 512(c)(1)(C) and
(g) of the DMCA).
COUNTER NOTIFICATION
Upon receipt of notice from AccountSupport
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
User containing the information as outlined
above, AccountSupport 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.