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Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for materials residing on Nexcess’s network or servers should be sent in the form of written notice to the Designated Agent for DMCA notices listed below:.
Mr. Vikramaditya A. Patel – Designated Agent for DMCA Notices
21700 Melrose Ave.
Southfield, MI 48075
If you believe a Nexcess Customer has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via regular mail or e-mailing . Nexcess requires the following information (the list below comes substantially straight from the statute 17 U.S.C. Section 412(c)(3); if you do not understand the language, please seek independent advice):
Failure to submit copyright infringement notification as described above will result in no legal notice or action on behalf of Nexcess.
Nexcess does not provide legal assistance to our Customers nor are we lawyers. As such, we strongly recommend you seek legal counsel when making decisions on how to otherwise handle DMCA complaints. The following is meant to give you a brief overview of the process and provide some possible actions and outcomes.
Whether the content belongs to you or not, you have gotten a notice that someone else is claiming it is theirs. The first step is to remove the content from your site until the case has been resolved. Unfortunately, there's no way around this. Whether you're a mom & pop shop, or a large corporation, if someone is claiming you're infringing on their material, it will need to be removed from your site until the situation has been resolved. We have a responsibility as your web host to make sure the content is removed in a timely manner once the notice has been sent or we face legal repercussions as well. Normally the person claiming a DMCA violation will e-mail both you and us and we'll contact you regardless. After we send you the violation notice we'll give you forty-eight hours to take down the material as a courtesy and if you cannot (or will not) remove it then we will do it for you.
Ensure the content is removed and notify us upon removal. Once we know the content has been removed, we will notify the group filing the claim and let them know the violating content has been removed and the case is resolved.
First ensure the content is removed as required by the statute. You can choose to file a counter notification to state that the content in question is your property and you believe that it should not have been taken offline.
If the content is yours and should not have been removed, you will need to file a counter notification in accordance with the DMCA statute. 17.U.S.C. Section 512(g)(3) requires written notice and must include specific information. The counter notification must be sent to our designated agent (listed above). The list below comes straight from the statute. If you do not understand the language, please seek independent advice as Nexcess cannot provide legal assistance.
Nexcess is not required to respond to counter notifications that do not meet the requirements of the statute.
Our designated agent will present your counter notification to the complaining party. Once your counter notification has been delivered, Nexcess is allowed under 17 U.S.C. Section 512 to restore the removed content in 10-14 business days, unless the complaining party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging infringing activity related to the material in question.
Any person who knowingly materially misrepresents under this section:
Last Updated: 04.30.2013