Digital Millennium Copyright Act It is Give It Web Hosting"s policy to respond to valid notices of alleged copyright infringement. As a web hosting provider based in the United States, most issues related to copyright infringement we see fall under the Digital Millennium Copyright Act ("DMCA"). Our policies related to compliance with the DMCA are included below.
What is the DMCA?
The Digital Millennium Copyright Act (DMCA) is a 1998 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 that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.
Complaints must be filed in the form of either an email, letter or a faxed document. Our contact information is as follows:
The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the full text of which can be found here: www.copyright.gov ). If you wish to file a complaint with us regarding infringement, please note that you are liable if you misrepresent that any product or activity is infringing upon your copyright(s). If you are not sure whether material available online infringes your copyright, we strongly suggest that you consult an attorney before filing a complaint.
To ensure that we process your request as quickly as possible, include all of the following:
- Identification of the material that is claimed to be infringing, and information sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. It is not sufficient to state “all infringing material.” The DMCA requires your notices to include all URLs that contain the infringing material.
- Information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. You may not present an anonymous DMCA complaint.
- Your complaint must include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Your complaint must also include the following statement: "The information in the notification is accurate and that, under the penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the document.
Notices and Counter-Claims
Give It Web Hosting may document the cases of copyright infringement upon which we act. As with all legal notices, a copy of the notice will be made available to the public and/or sent to third parties who may make it available to the public.
The safe harbor provisions of DMCA requires that we notify subscribers if their materials have been removed as a result of an alleged copyright infringement. These provisions also require us to give the subscribers an opportunity to send a written notice to us stating that their material has been wrongly removed.
If a subscriber does indeed provide a proper “counter-notice” to the initial claim we will follow the counter notice provisions of the DMCA.
Last Updated: April 12, 2021