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It is ThemeCloud’s policy to respond to valid notices of alleged copyright infringement. As a web hosting provider based in the United States, most issues related to copyright infringement we see fall under the Digital Millennium Copyright Act ("DMCA"). Our policies related to compliance with the DMCA are included below.
Complaints must be filed in the form of either an email, or letter. Our contact information is as follows:
Mailing Address: ThemeCloud, ATTN: DMCA Compliance, 12159 South Business Park Drive Suite 160 Draper, UT 84020
Please only send your complaint via one of the mediums listed above. It is not necessary to send it to us in multiple formats.
Or, you may use our online form at ThemeCloud Support
All complaints, regardless of how they are submitted, must include the following: a reasonably sufficient amount of contact information (including a working phone number), reasonably sufficient and specific information about the alleged violation, correct formatting in accordance with DMCA requirements (detailed below).
The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the full text of which can be found here: www.copyright.gov).
If you wish to file a complaint with us regarding infringement, please note that you are liable if you misrepresent that any product or activity is infringing upon your copyright(s). If you are not sure whether material available online infringes your copyright, we strongly suggest that you consult an attorney before filing a complaint.
To ensure that we process your request as quickly as possible, include all of the following:
Identification of the material that is claimed to be infringing, and information sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. It is not sufficient to state “all infringing material.” The DMCA requires your notices to include all URLs that contain the infringing material.
Information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. You may not present an anonymous DMCA complaint.
Your complaint must include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Your complaint must also include the following statement: "The information in the notification is accurate and that, under the penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the document.
ThemeCloud may document the cases of copyright infringement upon which we act. A copy of the notice may be made available to the public and/or sent to third parties who may make it available to the public.
The safe harbor provisions of DMCA require that we notify subscribers if their materials have been removed as a result of an alleged copyright infringement. These provisions also require that we give the subscribers an opportunity to submit a written notice to us stating that their material has been wrongly removed. If a subscriber does indeed provide a proper “counter-notice” to the initial claim we will follow the counter notice provisions of the DMCA.
Last Modified on November 6, 2015