Notice-and-Takedown Process

If you believe your copyrighted content has been exposed on the site without your consent or approval, you have the right to file a takedown notice. Per the DMCA, your copyright takedown notice will require all of the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• 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.
• 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 the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
• A statement that the complaining party has 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.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The US government provides this sample form.

The completed document can either be emailed to

UpTrust Inc. Copyright Compliance 1401 Lavaca St PMB 41336 Austin, TX 78701

Once we have received the notice, we will expeditiously to remove the content and notify the original user who provided the offending material of the claim, including the information you have provided in the claim.

Per the DMCA, the user will then have fourteen (14) business days from your notice to file a counter-notice. If we receive such a claim, you have up to fourteen (14) business days to file suit in court and notify us of that suit. If so, the content will remain removed, pending the outcome of the case.

We will restore the content after ten (10) business days if we have not receive notice of such a filing. But, you still have the fourteen (14) business day window to file at which point the offending content will be removed from the site again.

Counter-Notice Process

If you receive a notice about the removal of your content, we will notify you of its removal. You then have the right to file a counter-notice if you believe a copystrike was inaccurate, you will need provide all of the following:

• Your physical or electronic signature.
• Identification of the material that was removed or to which access was disabled, as well as the location where it previously appeared (this will be included in the initial takedown notice).
• A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled improperly (that is, "as a result of mistake or misidentification").
• Your name, address and telephone number, as well as a statement that you consent to the jurisdiction of the federal district court of Texas, as well as an agreement to accept service of process from the rightsholder who sent the takedown notice or that rightsholder's agent.

The US government provides this sample form for filing counter notices.

The completed document can either be emailed to

UpTrust Inc. Copyright Compliance 1401 Lavaca St PMB 41336 Austin, TX 78701

Per the DMCA, you must send this notice within fourteen (14) business days of the copyright claim against your account. Regardless of when you do provide this information to us, the DMCA also requires the content remain unavailable for a minimum of ten (10) business days.

We will then notify the original filer of your counter-notice. They have up to fourteen (14) business days from your counter-filing to inform us that they will file suit in federal court against you. If that is the case, the content will remain unavailable. Otherwise, the content will be restored not later than fourteen (14) business days after your counter-filing. If the notice of suit comes after that but within the required period, we will remove the content again.