YouSendIt respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, YouSendIt will respond expeditiously to claims of copyright infringement committed using the YouSendIt service that are reported to the YouSendIt Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the YouSendIt services (the "Services") by completing the following DMCA Notice of Alleged Infringement and delivering it to the YouSendIt Designated Copyright Agent. Upon receipt of Notice as described below, YouSendIt will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Services and/or termination of the YouSendIt user's account.
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the relevant website where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to YouSendIt's Designated Copyright Agent:
If YouSendIt has removed or blocked material uploaded by you to your YouSendIt account because we received a Notice as described above, you have the right to provide us with a counter notification if you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. Your counter notification must be in the form described below. If we receive a valid counter notification from you then, unless the party claiming to own the copyright in the material files an action seeking a court order against you, YouSendIt will restore the content within 10-14 business days after receipt of your counter notification. Note that filing a counter notification may lead to legal proceedings between you and the copyright claimant and there may be adverse legal consequences if false or bad faith allegations are made by you, so it is suggested that you seek legal advice before proceeding.
DMCA Counter Notification
To qualify as a valid counter notification to YouSendIt, you must submit a written counter notification with the following information to YouSendIt:
- Your first and last name, mailing address, telephone number, email address, and the username of your YouSendIt account where you uploaded the material in question;
- Identify the specific URL(s) of the material that has been removed or blocked;
- Include both of the following statements in the body of the counter notification above your signature:
"I consent to the jurisdiction of the Federal District Court for the district in which my mailing address is located, or if my mailing address is outside the United States of America I consent to the jurisdiction of the judicial district in which YouSendIt is located, and will accept service of process from the party claiming copyright ownership of the removed or blocked material."
"I swear under penalty of perjury, that I have a good faith belief that the content was removed or blocked as a result of a mistake or misidentification of the material to be removed or blocked."
- You must sign the counter notification with you full legal name either by physical signature if sending via postalservice, or by valid electronic signature; and
- You must send the counter notification to: