Copyright Infringement Counter Notification Policy

Miva respects the intellectual property rights of others, and we ask the same of our customers. If you have been notified by Miva of a copyright infringement complaint regarding your website, you may have been asked to remove or disable access to the identified material, or we may have done so on your behalf. If you believe this was the result of mistake or misidentification, you have the right to submit a counter notification.

How to Submit a DMCA Counter Notification

If you wish to dispute a copyright infringement claim made against your website, please submit your DMCA counter notification by email or mail to our Designated Copyright Agent:

Miva, Inc.
Attn: Copyright Agent
11440 W. Bernardo Ct.
Suite 273
San Diego, CA 92127
Email: [email protected]

We will respond only to counter notifications that substantially comply with the requirements of the Digital Millennium Copyright Act (DMCA). To help ensure timely processing, please include all of the following in your notice:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before removal or disabling (e.g., the full URL).
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, physical address (sufficient for service of process), and telephone number.
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district where your address is located (or San Diego County, California, if outside the United States), and that you will accept service of process from the person who filed the original complaint or that person's agent.

Important Notice: Under the DMCA, any person who knowingly and materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages, including costs and attorneys' fees, incurred by the copyright owner or licensee, and by Miva, Inc.

What Happens After We Receive Your Counter Notification

When we receive a compliant DMCA counter notification, we will forward it to the party that filed the original complaint. Unless that party notifies us within 10-14 business days that they have filed a lawsuit to restrain the alleged infringement, we may replace or restore access to the material or, if you removed it at our request, notify you that you may restore it.

The foregoing is provided for informational purposes only, and should not be relied upon as legal advice.

Repeated DMCA Claim Policy

A Miva customer whose account has been the subject of three separate copyright infringement complaints, regardless of whether said claim resulted in the removal of or disabling of access to materials on user's account, may be assessed fees associated with the processing of these complaints. Fees will be billed in whole hours at the then-current retail hourly Miva Professional Services rate.