DCMA Com­plaints

Solid­Host­De­sign requires DMCA notices to be filed via let­ter. The com­plaint must include full con­tact infor­ma­tion in the com­plaint (includ­ing phone num­ber). We will call and ver­ify. Email (unless dig­i­tally signed by a ver­i­fied and trusted third party) is not an accept­able medium for legal complaints.

Issues which may pre­vent the proper han­dling of such com­plaints include miss­ing infor­ma­tion such as:

(a) the com­plaint does not con­tain suf­fi­cient information

(b) the for­mat of the com­plaint is incon­sis­tent with the require­ments of the DMCA

© the com­plaint has been sub­mit­ted via email with­out proper authentication

(d) full con­tact infor­ma­tion is missing..

We will need you to re-submit your claim, using the proper for­mat, includ­ing suf­fi­cient detail, via postal mail. Instruc­tions on how to do so follow.

It is our pol­icy to respond to clear notices of alleged copy­right infringe­ment. This response describes the infor­ma­tion that should be present in these notices. It is designed to make sub­mit­ting notices of alleged infringe­ment to us as straight­for­ward as pos­si­ble while reduc­ing the num­ber of notices that we receive that are fraud­u­lent or dif­fi­cult to under­stand or ver­ify. The form of notice spec­i­fied below is con­sis­tent with the form sug­gested by the United States Dig­i­tal Mil­len­nium Copy­right Act (the text of which can be found at the U.S. Copy­right Office Web Site,http://www.copyright.gov) but we will respond to notices of this form from other juris­dic­tions as well.

To file a notice of infringe­ment with us, you must pro­vide a writ­ten com­mu­ni­ca­tion that sets forth the items spec­i­fied below. Please note 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. Accord­ingly, if you are not sure whether mate­r­ial avail­able online infringes your copy­right, we sug­gest that you first con­tact an attorney.

To expe­dite our abil­ity to process your request, please use the fol­low­ing for­mat (includ­ing sec­tion numbers):

1. Iden­tify in suf­fi­cient detail the copy­righted work that you believe has been infringed upon (for exam­ple, “The copy­righted work at issue is the text that appears on http://www.SolidHostDesign.com/tos.shtml”) or other infor­ma­tion suf­fi­cient to spec­ify the copy­righted work being infringed (for exam­ple, “The copy­righted work at issue is ?Intel­lec­tual Prop­erty: A Song About Me And The Story Behind It by Bonita Apple­baum, pub­lished by Ran­dom House, ISBN #584357701K”).

2. Iden­tify the mate­r­ial that you claim is infring­ing the copy­righted work listed in item #1 above. You must iden­tify each web page that allegedly con­tains infring­ing mate­r­ial. This requires you to pro­vide the URL for each allegedly infring­ing result, doc­u­ment, or item.
   An example:

   Infring­ing Web Pages:

   http://www.thewebsite.com/directory/

   http://www.thewebsite.com/something/blah.html

3. Pro­vide infor­ma­tion rea­son­ably suf­fi­cient to per­mit us to con­tact you.

4. Pro­vide infor­ma­tion, if pos­si­ble, suf­fi­cient to per­mit us to notify the owner/administrator of the allegedly infring­ing web­page or other con­tent (email address is preferred).

5. 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.”

6. Include the fol­low­ing state­ment: “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.”

7. Sign the paper.

8. If via postal mail, send the writ­ten com­mu­ni­ca­tion to the fol­low­ing address:
   Solid­Host­De­sign
   Attn: Abuse Depart­ment, DMCA Com­plaint
   P.O.B. 340007
   Tampa, FL 33694
   United States of America

Regard­less of whether we may be liable for such infringe­ment under local coun­try law or United States law, we may respond to these notices by remov­ing or dis­abling access to mate­r­ial claimed to infringe and/or ter­mi­nat­ing users of our ser­vices. If we remove or dis­able access in response to such a notice, we will make a good-faith attempt to con­tact the owner or admin­is­tra­tor of the affected site or con­tent so that the owner or admin­is­tra­tor may make a counter notification.

We may also doc­u­ment notices of alleged infringe­ment on which we act. As with all legal notices, a copy of the notice may be made avail­able to the pub­lic and sent to one or more third par­ties who may make it avail­able to the public.

In order to ensure that copy­right own­ers do not wrongly insist on the removal of mate­ri­als that actu­ally do not infringe their copy­rights, the safe har­bor pro­vi­sions require ser­vice providers to notify the sub­scribers if their mate­ri­als have been removed and to pro­vide them with an oppor­tu­nity to send a writ­ten notice to the ser­vice provider stat­ing that the mate­r­ial has been wrongly removed. [512(g)]

If a sub­scriber pro­vides a proper “counter-notice” claim­ing that the mate­r­ial does not infringe copy­rights, the ser­vice provider must then promptly notify the claim­ing party of the individual’s objec­tion. [512(g)(2)] If the copy­right owner does not bring a law­suit in dis­trict court within 14 days, the ser­vice provider is then required to restore the mate­r­ial to its loca­tion on its net­work. [512(g)(2)©]

If it is deter­mined that the copy­right holder mis­rep­re­sented its claim regard­ing the infring­ing mate­r­ial, the copy­right holder then becomes liable to the OSP for any dam­ages that resulted from the improper removal of the mate­r­ial. [512(f)]