This Copyright Policy discusses the rights and obligations of Ntirety, Inc. (“Ntirety”) as a webhosting provider, our Clients whose content is hosted on Ntirety’s Systems, and the copyright owners seeking to enforce their copyright.
Ntirety will process copyright infringement complaints alleged against our Clients in accordance with the Digital Millennium Copyright Act (“DMCA”), which sets forth the law regarding the use of copyrighted materials on the Internet. This Copyright Policy is not a substitute for independent legal advice. You should always contact a qualified professional if you have any legal questions about copyright issues.
DMCA Copyright Infringement Notification
If you are a copyright owner and you have a good faith belief that your protected works have been copied or published without your consent on a website hosted by Ntirety, then you may submit a formal Notification of Copyright Infringement (“Notification”) to Ntirety’s designated Copyright Agent.
To be effective, your Notification must include the following elements as required by DMCA 17 U.S.C. § 512(c)(3):
- Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for Ntirety to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant’s name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
Ntirety is not required to respond to Notifications that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Ntirety will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
Notice to Clients and Takedown Procedure
If the material identified in the Notification is found on a Client’s website that is hosted on Ntirety’s Systems, then Ntirety will forward the Notification to such Client with the instruction to remove the material within twenty-four (24) hours and resolve the matter directly with the Complainant. The DMCA obligates Ntirety to act expeditiously, and Ntirety reserves the right to remove or disable public access to the material if Client does not respond within that twenty-four (24) hour period.
If you are a Client, and Ntirety must remove or disable public access to material on your website that is alleged to infringe another’s copyright under the DMCA, then you acknowledge and agree that Ntirety may do so by disabling access to your entire website.
DMCA Counter Notification Requirements
If you have received a DMCA notification from Ntirety or directly from any Complainant, and you have a good faith belief that you are legally permitted to use the material at issue, then the DMCA states that you may submit a formal Counter-Notification to Ntirety asserting your rights.
To be effective, your Counter-Notification must include the following elements as required by DMCA 17 U.S.C. § 512(g)(3):
- Physical or electronic signature of the Client or a person authorized to act on the Client’s behalf.
- Identification of the material that has been removed or to which access has been disabled and the location (URL) at which the material appeared before it was removed or access to it was disabled.
- The Client’s name, address, and telephone number(s).
- A statement under penalty of perjury that the Client has a good faith belief that the material was removed or disabled or is a result of a mistake or misidentification.
- A statement that the Client consents to the jurisdiction of Federal District Court for the judicial district in which the Client’s address is located, or if the Client’s address is outside the U.S., for any judicial district in which the service provider may be found, and that the Client will accept service of process from the complainant (or agent thereof).
You understand and agree that Ntirety is not required to respond to Counter-Notifications that do not meet the requirements of the DMCA as described above.
Response to Complainant and Restoration Procedure
Upon receipt of Counter-Notification from a Client, Ntirety will respond promptly to the Complainant with a copy of the Counter-Notification and a statement that any material that has been removed or disabled from our Client’s website pursuant to the Complainant’s Notification will be restored in ten (10) business days unless Complainant files a claim in a court of competent jurisdiction against our Client within such ten (10) day period.
Please note that Ntirety is acting only in compliance with the DMCA, and we are not an authority or arbiter on copyright or copyright infringement.
Ntirety’s Copyright Agent
All Notifications and Counter-Notifications must be sent by registered mail or email to Ntirety’s Copyright Agent at the address below:
Legal Department – DMCA Complaints
2901 Via Fortuna, Suite 175
Austin, Texas 78746