DMCA Policy - Formal Legal Version

JD's Web Service respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. section 512. We manage hosting for client websites and may remove or disable access to material that is alleged to infringe copyright in accordance with the procedures set forth in 17 U.S.C. section 512(c).

Our designated agent for notification of claimed infringement under 17 U.S.C. section 512(c)(2) is: JD's Web Service, [email protected], Pittsburgh, PA. Notices may be submitted using the form on our DMCA plain-English page or by email to [email protected].

To be effective under 17 U.S.C. section 512(c), a notification of claimed infringement must include: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, including the URL; (d) the complaining party's address, telephone number, and email address; (e) a 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA takedown request form (available on the DMCA plain-English page) collects each of these elements. Notices that do not include all required elements may be rejected.

If a website owner believes their material was removed or disabled in error, they may submit a counter-notification. A valid counter-notification must include: (a) the subscriber's physical or electronic signature; (b) identification of the removed material and the location at which it appeared before removal; (c) 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; and (d) the subscriber's name, address, telephone number, and a statement consenting to the jurisdiction of the federal district court for the judicial district in which the address is located (or, if the subscriber's address is outside the United States, for any judicial district in which we may be found) and that the subscriber will accept service of process from the person who provided the original notification.

Upon receipt of a valid counter-notification, we may restore the removed material in not less than 10 nor more than 14 business days, unless our designated agent first receives notice from the original complaining party that they have filed a court action seeking to restrain the subscriber from engaging in infringing activity.

We will terminate, in appropriate circumstances, the accounts or hosted websites of users who are determined to be repeat infringers, in accordance with 17 U.S.C. section 512(i).

To the maximum extent permitted by applicable law, we are not liable for the content of client websites. Our removal of infringing material upon receipt of a valid notification is performed in accordance with our obligations under the DMCA and does not constitute an admission of liability.

Questions about this DMCA Policy may be directed to [email protected].