Digital Millennium Copyright Act
This page contains information relevant to IRACKS.COM’s DMCA policy, and directions for forwarding reports of DMCA abuse.
What is the DMCA?
The DMCA (Digital Millennium Copyright Act) was passed by the U.S. Congress in 1998 to deal with copyright infringement by electronic means, particularly with regard to the Internet. Additional information can be found here.
Directions for Notification
Please send claims of infringement pursuant to Section 512(c) of the Digital Millennium Copyright Act to: [email protected]
In order to expedite our ability to process the request, the following format (including section numbers) is requested. A proper notification must have at least the following information:
- Identification in detail of the copyrighted work claimed to have been infringed upon, and the website or IP address it appears on.
- Identification of the material that Complainant claims is infringing the copyrighted work listed in item #1 above (or a representative list of such works at that site).
- Information reasonably sufficient to permit IRACKS.COM to contact Complainant (IP Address and contact email address).
- The following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law, including but not limited to copyright exceptions such as fair use doctrine which allow use for news, parodies, research, and review.”
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
Customer Violations
In large part, the process used to mediate DMCA offenses is detailed within the Acceptable Use Policy, specifically in the section Resolution of AUP Violations. Depending on the severity of any DMCA complaint received by IRACKS.COM from a verified party, a Customer’s service(s) may be suspended immediately, pending initial response from the Customer. IRACKS.COM complies fully with ALL copyright infringement complaints received.
Reinstatement
IRACKS.COM is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also IRACKS.COM’ policy to terminate the privileges of customers who commit repeat violations of copyright laws. IRACKS.COM will cooperate fully with any civil or criminal litigation arising from the violation of this policy.
If we receive a counter notification from our subscriber, we will reinstate the material in question unless we receive, during the period stated in the DMCA, notice from the Complainant that it has filed an action at the appropriate district court seeking a court order to restrain our subscriber from engaging in infringing activity.