You have been directed to this page because RapidScale received a notice pursuant to a federal law called the Digital Millennium Copyright Act (“DMCA”) that someone used your RapidScale service(s) for the unauthorized hosting or distribution of a copyrighted work. RapidScale, consistent with federal law, prohibits copyright infringement in its Acceptable Use Policy.
When RapidScale receives a DMCA notice, we will send you an email, along with the notice, which will usually identify the copyrighted work or works at issue and when or where the alleged infringement occurred. THIS INFORMATION IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. YOU MAY WISH TO CONSULT WITH AN ATTORNEY.
If RapidScale continues to receive DMCA notices regarding your account, your service(s) will be terminated in appropriate circumstances.
What happens if I receive a DMCA notice?
If the copyrighted work or works identified in the DMCA notice are stored on your account, RapidScale will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s), if applicable or (ii) disable access to the work(s).
How does the DMCA notice process work?
There are companies that search the Internet, looking for evidence of copyrighted works being hosted or distributed online. Once a company detects this activity, they typically send a DMCA notice to the online provider, such as RapidScale, with the title of the work or works, the date of the alleged infringement, and the IP address associated with the alleged infringement. RapidScale then forwards the DMCA notice to the Customer that was assigned that IP address. And if the copyrighted work or works are hosted on a RapidScale customer account, RapidScale causes the content to be removed or access to it disabled.
How will RapidScale notify me that a DMCA notice was received?
Currently, RapidScale will contact the designated administrator of the account via email and will provide a copy of the DMCA notice in the communication.
If I believe a DMCA notice is incorrect, what can I do?
If you feel that a DMCA notice is in error, you may file a Counter Notification with RapidScale. The process to do this is set forth below. Please note: if you file a counter notification, RapidScale will forward the counter notification to the copyright holder or agent, and they will have your identity. You may wish to consult an attorney before filing a Counter Notification.
Counter Notification Requirements:
If you receive a DMCA notification of alleged infringement, and you believe in good faith that:
(a) the allegedly infringing content was not located on or shared from your account or was misidentified, or
(b) you have authorization from the copyright owner, or
(c) your use of the work constitutes fair use under U.S. copyright law.
In order to be effective, you must submit the Counter Notification in writing and include substantially the following:
- A physical or electronic signature of an authorized representative of your organization.
- A description of the material that was removed from the devices, or to which sharing has been disabled.
- A statement under penalty of perjury that your organization has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled, or that the organization’s use was authorized by the copyright owner, or that the organization’s use of the work constitutes fair use under U.S. copyright law. If the organization is relying upon fair use, then they must provide a written explanation of the basis for fair use.
- The organization’s name, address, and telephone number, along with a statement that the organization consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the organization’s address is outside of the United States, for any judicial district in which the Service Provider may be found.
- The subscriber must also include a statement that they are willing to accept service of process from the copyright holder or agent of the copyright holder.
The Counter Notification should be sent to RapidScale at firstname.lastname@example.org. Upon RapidScale’s receipt of a Counter Notification that satisfies the requirements in 17 U.S.C. § 512(c), RapidScale will provide a copy of the Counter Notification to the person or entity who sent the original DMCA notice and will follow the DMCA’s procedures with respect to the receipt Counter Notification. By submitting a Counter Notification, you acknowledge that any dispute is between you and the copyright holder or its agent, and RapidScale is not a party to any disputes or lawsuits regarding alleged copyright infringement.
How do I report alleged infringements to RapidScale under the DMCA?
Copyright owners or their agents may report alleged infringements of their works by sending RapidScale’s authorized DMCA agent a notification of claimed infringement that satisfies the requirements of the DMCA.
To serve a Notification on RapidScale, send your Notification to:
301 Hillsborough Street, Suite 1300
Raleigh, NC 27603
Phone: (866) 686-0328
For such a notice to be valid under the DMCA, the Notification must include 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 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 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.
Upon RapidScale’s receipt of a written Notification containing the information described in 1 through 6 above, RapidScale will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s), if applicable or (ii) disable access to the work(s). RapidScale will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to RapidScale, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.