If you have been notified, by Miva, of a copyright infringement complaint against your website, you have the right to provide us with a counter notification indicating that the alleged infringement is false. Please note, however, that counter notifications will only be accepted if they meet the requirements set forth in the Digital Millennium Copyright Act (DMCA).
To submit a counter notification, please complete a Copyright Infringement Counter Notification form below. Or, if you prefer to submit a freeform counter notification by mail or email, please make sure that it includes all of the information requested in our online form, and that you have determined that you are permitted to use the allegedly infringed work. Counter notifications may be sent to:
Attn: Copyright Agent
16745 W. Bernardo Drive, 4th Floor
San Diego, CA 92127
Upon receiving a counter notification, we will notify the party claiming infringement of the counter notification; and replace or restore access to the material not less than 10 or more than 14 business days later, unless the complaining party brings a lawsuit in district court.
The foregoing is provided for informational purposes only, and should not be relied upon as legal advice.
A user whose account has been the subject of three separate copyright infringement complaints to Miva, which resulted in the removal of or disabling of access to materials on user's account, will be deemed a "repeat infringer" and may be subject to termination. However, in the event that the user's materials were authorized to be restored following the user's filing of a compliant counter notification, Miva will consider the underlying copyright infringement complaint as withdrawn, for purposes of this repeat infringer policy.
Notwithstanding, Miva reserves the right to terminate or limit access to a user's account that has been the subject of fewer than three separate copyright infringement complaints to Miva, when deemed appropriate by Miva, in its sole discretion.
Before completing this form, please note that under the Digital Millennium Copyright Act, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification, may be liable for any resulting damages (including costs and attorneys' fees) incurred by the copyright owner/licensee and Miva, Inc.
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