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Digital Millennium Copyright Act (DMCA) Policy

It is WestHost's policy to comply fully with the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively the "Act"). We have appointed Brian Chambers as our copyright agent to receive notifications of claimed infringement and have informed the U.S. Copyright Office of this appointment. Brian's address, phone number and e-mail address are as follows:

Brian Chambers
Copyright agent
517 W. 100 N.
Suite 225
Providence, UT 84332
E-Mail: dmca@westhost.com
Phone: 435.755.3433

As explained in more detail below, the Act requires the removal or disabling of access to material claimed to be, or reasonably determined by WestHost, the subject of infringing activity. If the Act requires material on a clients website to be removed or disabled, WestHost will make a good faith attempt to contact the administrator of the affected site so that they can make a counter notice pursuant to sections 512(g)(2) and (3) of this Act.

Infringement Notification

To report a copyright infringement notification with WestHost, the claimant must provide written communication to WestHost that includes substantially the items listed below. PLEASE NOTE that pursuant to the Act the claimant will be liable for damages, including costs and attorneys fees, if the claimant misrepresent that a product or activity is infringing its copyrights. If a claimant is not sure whether material infringes its copyright, WestHost recommends the claimant first consult an attorney:

  1. Identify in detail the copyrighted work(s) claimant believes has been infringed. Provide as much detail as possible, for example, include the URL or domain name where the infringement occurs.
  2. Identify the material that claimant believes infringes its copyright and that claimant wants removed or access to which is to be disabled and information reasonably sufficient to permit WestHost to locate the material.
  3. Provide information reasonably sufficient to permit WestHost to contact claimant, such as address, telephone number, and, if available, an e-mail address.
  4. Include the following statement: "I have a good faith belief that the use of materials described above is not authorized by the copyright owner, its agent, or the law."
  5. Include the following statement: "The information in this notification is accurate and that I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. The request must be physically signed by a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed.
  7. Send the request to:

Brian Chambers
Copyright agent
517 W. 100 N.
Suite 225
Providence, UT 84332

Counter Notification

Upon receipt of the above notice of infringement, WestHost will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity as required by the Act. The designated copyright agent for WestHost will take reasonable steps to promptly notify the affected client. Such client may then give WestHost's copyright agent a written counter notification that includes substantially the below. PLEASE NOTE that pursuant to the Act such client will be liable for damages, including costs and attorneys fees, if the client misrepresents that a product or activity is not infringing the copyrights of others. If the client is not sure whether material infringes copyrights of others, we recommend the client first consult an attorney.

  1. Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  2. Provide information reasonably sufficient (including e-mail) for WestHost to contact the client.
  3. Include the following statement: "I consent to the jurisdiction of the First Judicial District Court in the State of Utah, Cache County and that I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
  4. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  5. Sign and date the counter notification
  6. Send this to:

WestHost
Attn: Brian Chambers, Copyright Agent
517 W. 100 N.
Suite 225
Providence, UT 84332

If the WestHost client serves a counter notification complying with the above requirements, then WestHost will promptly provide the person who provided the initial infringement statement with a copy of the counter notification and will inform such person that WestHost will replace the removed material or cease disabling access to it within 10-14 business days. WestHost will then replace the removed material and cease disabling access to within 10-14 business days following receipt of the counter notice unless the copyright owner gives WestHost's copyright Agent notice that it has filed an action seeking a court order against the client.

Injunction

If WestHost receives a notification from a copyright holder who has procured an injunction prohibiting WestHost from providing access to allegedly infringing material, the client will be notified by e-mail of the injunction. WestHost will follow the requirements of an enforceable injunction, anything to the above notwithstanding.

 
 
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