If you believe an instaspace.com customer is infringing
upon your exclusive copyright... If you have a good
faith belief that material on a system or network
controlled or operated by instaspace.com is infringing
upon your exclusive copyright please take the following
steps:
1. Provide written notification to instaspace.com's
designated agent
(The notification must meet the requirements listed
below.)
E-mail: legal@instaspace.com
Phone: 1 866 870 3556
instaspace.com will:
reply to your notification to confirm its receipt;
send the instaspace.com customer written notification,
along with a copy of your notification, requesting
removal of the allegedly infringing material and requiring
confirmation of the removal be sent to instaspace.com
within 24 hours;
disable access to the allegedly infringing material
or the customer's account if the customer fails to
remove the allegedly infringing material and/or fails
to inform instaspace.com of the removal within 24
hours of instaspace.com's notification;
send you notice of the customer's counter notification
and our intent to re-enable access to the material
or the account within 10-14 days of instaspace.com's
receipt of any customer counter notification. (This
paragraph applies only if the counter notification
meets the requirements listed below.)
2. If instaspace.com sends you notice of the customer's
counter notification, please send notice to instaspace.com
that you have filed an action seeking a court order
to restrain the customer from engaging in the infringing
activity.
(Your notification of filing an action must be received
by instaspace.com prior to instaspace.com's re-enabling
the account or re-enabling access to the material.)
instaspace.com will, upon receipt of your notice
of filing an action:
inform the customer of your notice of filing an action
seeking a court order and that access to the account
or material will remain disabled; and
refrain from re-enabling the customer's access to
the account or information.
ALLEGED COPYRIGHT INFRINGEMENT NOTIFICATION REQUIREMENTS
Please include all of the following information in
your written notification to instaspace.com's designated
agent:
A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right
that is allegedly infringed;
Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification,
a representative list of such works at that site;
Identification of the material that is claimed to
be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to
be disabled, and information reasonably sufficient
to permit instaspace.com to locate the material;
Information reasonably sufficient to permit instaspace.com
to contact the complaining party, such as an address,
telephone number, and, if available, an electronic
mail address at which the complaining party may be
contacted;
A statement that the complaining party has a good
faith belief that use of the material in the manner
complained of is not authorized by the copyright owner,
its agent, or the law; and
A statement that the information in the notification
is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly
infringed.
If you receive a Notice of Alleged Copyright Infringement...
instaspace.com has received a notice that instaspace.com's
network, system(s), or shared server space assigned
to your account contain material that is claimed to
be infringing upon the exclusive copyright of the
sender of that notice. Under the Digital Millennium
Copyright Act, 17 United States Code § 512, instaspace.com
is required to respond expeditiously to remove the
material that is claimed to be infringing.
instaspace.com requests that, within 24 hours of
receiving instaspace.com's Notice of Alleged Copyright
Infringement, you remove the allegedly infringing
material and notify instaspace.com that you have done
so.
If you fail to remove the material and notify instaspace.com
that you have done so, instaspace.com will disable
access to the material or disable access to your account.
However...
if you believe in good faith that the allegedly infringing
material that has been removed or to which access
has been disabled was done so by mistake or misidentification,
please take the following steps:
1. Provide a written notification, called a counter
notification, to instaspace.com's designated agent
as soon as possible.
The counter notification must meet the requirements
listed below.
E-mail: legal@instaspace.com
Phone: 1 866 870 3556
instaspace.com will:
reply to your notification to confirm its receipt;
send the complainant written notice of your counter
notification and inform them that access to the material
will be enabled within 10-14 days of instaspace.com's
receipt of your counter notification unless the complainant
provides written notification to instaspace.com that
it has filed an action in court to restrain access
to the allegedly infringing material;
enable access to the allegedly infringing material
or your account within 10-14 days of instaspace.com's
receipt of your counter notification unless the complainant
provides written notification to instaspace.com that
it has filed an action in court to restrain access
to the allegedly infringing material;
COUNTER NOTIFICATION - REQUIREMENTS
Your written counter notification to instaspace.com's
designated agent must include all of the following
information:
Your actual or electronic signature;
Identification of the material that has been removed
or which access has been disabled and the location
of the material prior to its removal or denial or
access;
A statement that, under penalty of perjury, you have
a good faith belief that the material removed or to
which access has been disabled was done so by mistake
or misidentification;
Your name, address, telephone number; and
A statement that you consent to the jurisdiction of
the Federal District Court for the judicial district
in which your address is located, or if your address
is outside of the United States, for any judicial
district in which instaspace.com may be found and
you will accept service of process from the person,
or their agent, who provided notification who is complaining
of the alleged infringement.
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