The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition to that, the DMCA heightens the penalties for copyright infringement on the Internet. In 1998, by the United States Senate passed and signed into law by President Bill Clinton, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
Digital Millennium Copyright Act Notice
If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If we take action in response to an Infringement Notice, we will make a good faith attempt to contact the party that made such content available by means of the most recent email address, and or contact number we have on file, if any, provided by such party to Websites & More.
Your Infringement Notice may be forwarded to the party that made the content available or if they do not respond we may choose to suspend the hosting account or remove the infringing content. This will be decided on a case by case basis.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
Please follow these steps to file a notice:
- Verify that the website in question is hosted by Websites & More. We have no control over sites that are not hosted by us. Please contact the appropriate web host with complaints. We will ignore your submission if we do not host the website in question.
- You may also Mail your complaint to Websites & More However, we prefer email.
Jennifer Holley, President
W&M Holdings, Inc.
Websites & More
Shaftsbury, VT 05262
Phone: (802) 447-8320
You must include the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit us to find and positively identify that content. We require a link to the specific website (PAGE) (not just the domain name) that contains the content and a description of which specific portion of the site; image, or text used, etc – your complaint refers to;
- Your name, address, telephone number and email address; and
- A statement by you:
(a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent;
(b) that all of the information contained in your Infringement Notice is accurate, and
(c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf (such as a webmaster, or graphic designer, attorney, etc...)
If an Infringement Notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a Websites & More client and access to or portions of your website have been disabled for this reason, we will notify you. You then have the option to send us a written counter-notice (a Counter-Notice) stating why your content does not infringe copyrights and asking for access to be reinstated. Counter-Notices need to be sent to our designated agent set forth above and must include the following:
- Your name, address, phone number;
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S.), and that you will accept service of process from the person who originally provided us with the Infringement Notice (the “Copyright Holder”);
- Identification of the allegedly infringing content and its location before removal or disabling of access; and
- A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.
- Local clients may file this counter-notice in person at the office.
- Any client can call us to discuss a counter-notice, and we will advise you on a case by case basis.