If you are using Services (web, email, or content delivery) from Professional Edge Hosting, then you are agreeing to the following Copyright Policy.
Professional Edge LLC, is using the following policy toward copyright infringement which follows the Digital Millennium Copyright Act (DMCA) – you can read about the full policy by clicking here. Per DMCA requirements the address of the Designated Agent to Receive Notification of Claimed Infringement is listed on this page.
Reporting Copyright Infringement
Professional Edge LLC, will respond to any copyright notifications submitted under the DMCA. The statutory requirements required for formally reporting copyright infringement are outlined in Section 512 of the DMCA, that same section also has instructions on how an affected party can appeal a removal, and submit a counter-notice.
If you have found content or other materials on or accessible through Professional Edge LLC’s websites or services that you believe infringes a copyright, you will need to send a formal request of a notice of copyright infringement, it will need to contain the information below, and need to be sent to the Designated Agent listed at the end of this page:
- The full URL or IP address with full path to the location of the content or materials you believe are being infringed, if the location you reference has many content items or there are many materials on the page, you will need to specifically mention what exact content or materials – you are claiming the infringement on, and what exact content or materials are to be removed or access should be denied to.
- We do not accept anonymous infringement claims, you will need to provide full contact information for the person, persons, or entity, or entities (Notifier) that are notifying us about the infringement claim, this includes physical address, telephone number and, if available, e-mail address.
- The Notifier will need to make a good faith legal statement that belief the content or material is not authorized by the copyright owner, its agent, or the law and include this statement in the body of the notice, an example provided below:
I hereby in good faith state belief that the copyrighted content or material listed in this formal request of notice of copyright infringement is not authorized by the copyright owner, its agent, or the law.
- Further we require a statement made under penalty of perjury, that the provided information is accurate and the Notifier is authorized to make the complaint on behalf of the copyright owner; include this statement in the body of the notice, an example provided below:
I hereby state under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed, and that all information in this notice is accurate.
- Finally we require a signature of a person authorized (physical or electronic) to act on behalf of the owner of the copyright that has been allegedly infringed.
Please contact the Designated Agent at firstname.lastname@example.org or at:
Professional Edge LLC
Attn: Michael Miyabara-McCaskey
4750 Almaden Expy #124-207
San Jose, CA 95118
Receipt of DMCA Claim and Actions
Professional Edge LLC, after receipt will review your claim in it’s entirety to make sure it is complete, and all information provided is accurate. If the claim meets all the requirements we will send a copy of the claim to the associated account holder with the statements of alleged infringing content or materials. If after the copy of the notice is received by the associated account holder, yet they believe the notice is incorrect or that they do have a legal right to use the content or materials, they per the DMCA have a right to counter-notice see Section 512.g.3 for full details.
Per 17 U.S.C. Section 512.f, the Notifier may be liable for any damages, inclusive of attorney’s or other damages (ours or the associated account holders), if the Notifier knowingly misrepresented that the content or material is infringing when it was in fact legal. Again per our requirements you must either be the copyright owner, or someone who is designated by the owner to make a DMCA notice, and that you fully understand the implications and possible repercussions of submitting a false DMCA claim.
Infringement Policy for Repeat Offenders
Per the DMCA requirements, Professional Edge LLC, will at it’s discretion suspend, terminate, or delete, the associated account holders entire account affecting all data, content, and materials – for any repeated infringement of the copyrights of others.