Digital Millennium Copyright Act (DMCA) Notice
If you believe that material available on sites hosted at INMOTION infringes on your copyright(s), please notify us by providing a DMCA notice. Please confirm the site in question is hosted by INMOTION. We are unable to process DMCA notices that refer to sites hosted on third party servers and will not respond to these notices.
- Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email. Here’s a summary of our DMCA complaint process.
- We review the notice submitted by the copyright holder.
- We notify the site owner and reply to the copyright holder to let him or her know we’ve taken action.
- If the notice is complete and valid, then we remove the content. However, in many cases the site owner removes the content on his or her own, with no further action from us.
- If the site owner doesn’t counter the notice then we make a note of this. This counts as a strike against the site owner.
- If the site owner believes he or she has rights to use the content or that the notice was submitted incorrectly by the complainant then the site owner may submit a counter notice. We review the counter notice for completeness. We also reply to the site owner and notify the copyright holder, providing the copyright holder with a copy of the counter notice.
- If the copyright holder doesn’t take further legal action within 10 to 14 business days of the submission of the counter notice, then we restore the content.
Before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under fair use. If you are not sure whether material located on a site hosted at INMOTION infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.
You are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.
As described above, your DMCA notice will be forwarded to the party that made the material available.
Please follow these steps before filing a notice with INMOTION:
- Verify that the site in question is hosted by INMOTION. Please contact the appropriate web host with complaints.
- Contact the site owner directly. Go to the “Contact us” page of the site in question and leave a comment with your complaint to see if the matter can be resolved directly between you and the site owner.
- Send your complaint to our designated agent via the form below, if the issue cannot be resolved directly with the site owner.
As required by the DMCA, we have a policy to terminate customers or sites, or both, that we consider to be repeat infringers. We also strive to protect legitimate users from wrongful termination. Notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user or site.
DMCA Notice Form
If you’d prefer not to use our automated form, you can send your complaint to our designated agent by mail or email. We prefer email.
InMotion Hosting, Inc.
6100 Center Drive, Suite 1190
Los Angeles, CA 90045
Do not send DMCA complaints to email@example.com, use firstname.lastname@example.org. If you use the wrong email address we will not respond to your DMCA complaint.
You must include the following in your mail or email correspondence and if you fail to do this we will not respond to your complaint:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyrighted work claimed to have been infringed;
- A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit INMOTION to find and positively identify that material. For example we require a link to the specific site page (not just the site domain name) that contains the material and a description of which specific portion of the site page – an image, a link, the text, etc. your complaint refers to;
- Your name, address, telephone number and email address;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.