DMCA Notice and Takedown
Includes DMCA Counter-Notice and Put-Back
If someone complains that a Cirtex-hosted website is in violation of copyright, they must provide a proper DMCA Takedown Notice. This notice can be provided through electronically through email or signed and delivered through the US Postal Service (or any other method). Cirtex must comply with these Takedown notices immediately, or we will lose any Safe Harbor provisions protecting us from the doings of its customers.
Note: that means when we receive this notice, we are required to block access to your website immediately.
Usually, this results in a suspension of services. Keep in mind, Cirtex is not accusing you of copyright violation. We are following a required procedure for giving alleged copyright holders relief from copyright violations.
The Takedown Notice must include a references to the original copyrighted work and to the offending violation.
In order for your site to be restored, you can do one of two things:
Remove the offending content. This will satisfy the requirements of the DMCA notice and the site can be reinstated.
If you believe your use of the copyrighted content is permissible (either through licensing arrangement or Fair Use), you must file a DMCA Counter-Notice. This allows us to forward this information to the original complainer that you feel your use of content is legitimate. At that point, the complainer must file a lawsuit within 14 days to continue their claim against you. The original takedown notice, and your counter-notice removes Cirtex from the dispute.
Malicious or Invalid Claims
If someone vaguely complains about a customer ripping off their content, but does not provide the proper notice, we will not block access to your site. Instead, we will ask the complainer to provide the proper DMCA notification, including the links to original/offending content. If the complainer cannot provide this, we cannot take action against our customers. In this situation, we have a contract to provide hosting services to our customers, and removing access to a website based on a invalid claim would be inappropriate.
DMCA Safe Harbor
DMCA Notice and Takedown Procedures
DMCA Counter-Notice and Put-back Procedures