Effective Date: January __ 2013
Webist, Inc. opposes any unauthorized infringement of copyrights. It isWebist, Inc.'s policy to respond to clear notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (the "DMCA"). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.
If you are unsure whether you hold rights to a particular work, please consult an attorney or another adviser as Webist, Inc. cannot provide legal advice.
To report a copyright infringement by a Webist.ca user, all you need to do is fill out our automated DMCA Copyright Complaint Form . This form
is the fastest way to report a copyright infringement.
If you prefer, you can also send a DMCA notice to our designated agent (information below). Such report must, in accordance with the DMCA, 17 U.S.C. § 512(c), include the following information and details:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
- Clear and precise identification of the copyrighted work claimed to have been infringed (in a form enabling us to verify the claim); or, if multiple copyrighted works are being infringed, a representative list of such works.
- Details of the material that is claimed to be infringing, and information regarding their Internet location (on Webist.ca).
- Contact information of the complaining party, including a physical address, telephone number, and, if available, an electronic mail 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 complaint matter 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.
Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys' fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
After submitting a copyright infringement notification, copyright owners may realize that they misidentified content or they may otherwise change their mind. Webist, Inc.will honor retractions of copyright claims from the party who originally submitted them.
In order to retract a claim of copyright infringement, please ensure that you send Webist, Inc. the following information:
- A statement of retraction (such as "I hereby retract my claim of copyright infringement")
- The complete and specific URL of the allegedly infringing material in your original infringement notification.
In a case in which your Webist.ca content has been removed or if access thereto has been disabled due to a copyright infringement claim, you may send us a counter notice requesting that your content be reposted or given access to
In such counter notice, you must include (in order for it to be effective according to the DMCA, 17 U.S.C. § 512(g)) the following:
- A physical or electronic signature of the Webist.ca user.
- Clear identification of the content that has been removed or to which access has been disabled, and the Internet location (URL) of such content prior to its removal.
- A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
- The User's name, physical address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Webist.ca acts, and that the User will accept service of process from the person who provided the infringement notification.
Please note that according to the law, any person who knowingly, materially misrepresents that material or activity which was removed or disabled by mistake or misidentification may be subject to liability.
How Claims Are Processed
We process notifications in the order in which they are received. Once you've submitted your notification, we will email you a confirmation. Please note, submitting duplicate DMCA notifications may result in a delay in processing.
If we decide to remove or disable access to the material, we will notify the affected User(s) after removing or disabling access to the material, provide them with access to the reporter's complaint along with instructions on how to file a counter-notice.
Webist, Inc.'s response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material. If we remove or restrict access to user content in response to a notice of alleged infringement, we will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, including a copy of the takedown notice, along with instructions for filing a counter-notification.
If you receive a DMCA notification, it means that the content described in the notification has been removed from Webist.ca or access to the content on Webist.ca has been restricted. Please take the time to read through our notice to you, which includes information on the notification we received as well as instructions on how to file a counter-notice.
If you believe that the material reported in the DMCA notification you received was misidentified or removed in error, you should file a counter-notice as per the instructions above.
Upon receipt of a valid counter-notice, we will promptly forward a copy to the person who filed the original notice. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant. If we do not receive notice within 10 business days that the original claimant is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed. However, if we receive such notification we will be unable to restore the material.
Any assertions made by you in submitting this information are under penalty of perjury.