Copyright Infringement Information (DMCA)
On this page, you will find information about copyright infringement procedures and policies that apply to the services provided by EMS1:
• How to send EMS1 a copyright infringement notice under the Digital Millenium Copyright Act (the “DMCA”)
• What EMS1 will do after receiving a valid copyright infringement notice
• How to send a counter-notification if material has been removed from your account
• What EMS1 will do after receiving a valid counter-notification
• EMS1's copyright abuse policy
• The contact information for EMS1's designated copyright agent
Copyright Infringement Notice
If you believe that material on this site violates your copyright, you may send EMS1 a copyright infringement notice under the DMCA. Your notice must be in writing and must include substantially all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EMS1 to locate the material. EMS1 requests that complete URLs for each instance of the allegedly infringing material be provided.
4. Information reasonably sufficient to permit EMS1 to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. 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.
6. A statement that the information in the copyright infringement notice 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.
Please be aware that Section 512(f) of the DMCA provides that any person who knowingly misrepresents that material or activity is infringing may be subject to liability.
Your written copyright infringement notice must be sent to EMS1's designated copyright agent via mail, fax, or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your notice via email.
Removing or Disabling Access to Material
After receipt of a valid copyright infringement notice meeting the requirements of the DMCA, EMS1 will:
1. Expeditiously remove or disable access to the material that is alleged to be infringing.
2. Take reasonable steps to promptly notify the affected account holder that EMS1 has removed or disabled access to the material from his or her account.
If material from your account has been removed or disabled by EMS1 after it receives a valid copyright infringement notice meeting the requirements of Section 512(c) of the DMCA, you may ask that the material be restored by sending EMS1 a counter notification. Your counter notification must be in writing and must include substantially all of the following:
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 at which the material appeared before it was removed or access to it was disabled. EMS1 requests that complete URLs for each instance of the affected material be provided.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which EMS1 may be found, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please be aware that Section 512(f) of the DMCA provides that any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Your written counter-notification must be sent to EMS1's designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your counter notification via email.
After receipt of a valid coounter-notificaton meeting the requirements of the DMCA, EMS1 will:
1. Promptly provide the person who provided the copyright infringement notice with a copy of the counter-notification, and inform that person that EMS1 will replace the removed material or cease disabling access to it in 10 business days.
2. Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless EMS1's designated copyright agent first receives notice from the person who submitted the copyright infringement notice that such person has filed an action seeking a court order to restrain the account holder from engaging in infringing activity relating to the material on EMS1's system or network.
Copyright Abuse Policy
EMS1 will terminate, in appropriate circumstances, account holders of EMS1's system or network who are repeat copyright infringers.
Designated Copyright Agent
Director of Operations
200 Green St. Ste. 200
San Francisco, CA 94111
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this site. The Copyright Agent will not respond to any other inquiries. All other communications should be sent to:
Praetorian Group Inc.
200 Green St. Ste. 200
San Francisco, CA 94111