DMCA Compliance Statement

Datahost's DMCA (Digital Millenium Copyright Act) Compliance Statement

Datahost recognizes and makes every effort to comply with the Digital Millennium Copyright Act (DMCA). The DMCA, which was passed in 1998, protects Internet Service Providers from absolute liability in copyright infringement cases.

Historically, copyright laws designate "absolute liability" for violation copyright rights, including reproduction, distribution, modification, public performance and public display of copyrighted material.

The DMCA provides relief from monetary damages for certain practices. For example, an Internet webpage could contain copyrighted images used without permission of the copyright holder. The DMCA keeps the Internet Service Provider (ISP) from being held liable in such a situation under the regulations outlined in the Online Copyright Infringement Liability Limitation Act, available at the U.S. Copyright Office Web site: www.loc.gov/copyright.

The DMCA limits ISPs from liability for copyright infringement, soley for transmitting information across the Internet. However, ISPs are expected to remove material that appears to constitute copyright infringement.

It is Datahost's policy to respond to notices of alleged copyright infringement in compliance with the DMCA. This might include removing or disabling access to material, alleged to be related to copyright infringement.

In the event of a copyright infringement claim, Datahost, in compliance with the DMCA, will make a good faith effort to contact the site owner of the website that contains the material so that they may have the opportunity to make a counter-notification as specified in the DMCA. If no counter-claim is received within 14 days of notification, or Datahost believes the claim to be reasonable, Datahost will remove the materials referenced in the claim.

To file a copyright infringement notification with Datahost, a written communication by mail or fax must be received which includes the following:

A link to the page containing copyrighted work that has been infringed and a description of the nature of the infringement.

Address and telephone number of the person making the copyright infringement claim.

Inclusion of the following statement:
"I have a good faith belief that use of the copyright materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Signature of copyright owner or authorized agent.

The complaint should be sent via mail or fax to Datahost:

Datahost, Inc.
Attn: Michael Stearns
1976 Garden Avenue
Eugene, OR, 97403 
Telephone: 541-746-6418

Datahost will notify the site owner within 3 business days of receipt of the copyright infringement claim.

The DMCA provides for counter notification if a site owner feels he or she is being wrongly accused of copyright infringement. A written counter-notification letter by fax or regular mail must be sent, including the information below:

Identification of URLs or material that has been removed or disabled by Datahost.

Name, address, telephone number, email address and a statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located.

Include the following statement:
"I swear, under penalty of perjury, that I have a good faith belief that the item identified above was removed or disabled as a result of a mistake or misidentification and is not infringing on copyright."

The site owner's signature.

The counter-notification should be sent by mail or fax to:

Datahost, Inc.
Attn: Michael Stearns
1976 Garden Avenue
Eugene, OR, 97403 
Telephone: 541-746-6418

Datahost will notify the individual or agent who filed the initial copyright claim about the counter-notification within 14 business days of receipt of the counter-notification, and will take action to restore any material that has been removed, if such action seems reasonable. In cases where the parties cannot come to agreement on the copyright infringement claim, Datahost will remove or restore material as deemed appropriate by the courts.

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