Last Updated January 1, 2020
PrivateMail LLC and its parent companies, subsidiaries, or other related companies based in the United States ("Private-Mail" or "we" or "us") handle and respond to all compliant Digital Millennium Copyright Act (“DMCA”) notices and follow all applicable laws pertaining to copyright infringement notices provided by content owners or persons authorized to act on their behalf.
DMCA Takedown Notices
Content owners of copyrighted material or a person authorized to act on their behalf may put forward a DMCA notice to our registered Copyright Agent if they have a good faith reason to believe that infringing activity has taken place on Private-Mail's network. Valid reports of infringement will be considered by the abuse team provided that the content owner or a person authorized to act on their behalf submit a complete DMCA notice that features all of the points described below. Requests sent by anyone other than the content owner or a person authorized to act on their behalf will not be considered.
Pursuant to 17 U.S.C. § 512(c)(3), a notification of claimed infringement must be a written communication provided to the below-designated agent that includes a certification made under penalty of perjury and substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Private-Mail to determine the legitimacy of the signature and the identity of the signatory;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
(iii) 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 Private-Mail to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
(iv) Information reasonably sufficient to permit Private-Mail to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
(v) 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; and
(vi) 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.
Any such notifications of claimed infringement must be sent to:
1420 Edgewater Drive
Orlando, FL 32804
Please note if any notification of claimed infringement does not substantially comply with the above requirements, Private-Mail has no responsibility to respond to or act on such defective notification of claimed infringement.
The Counter Notifications Process
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA pursuant 17 U.S.C. § 512(g)(3). If you are unsure about whether the content in question is being infringed upon, then please obtain legal representation prior to submitting a counter notification. To provide a valid counter notification, you must include a certification made under penalty of perjury and substantially the following:
(i) Your physical or electronic signature, as well as information sufficient for Private-Mail to determine the legitimacy of the signature and the identity of the signatory;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the Middle District of Florida, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person.
Any such counter notification must be sent to:
1420 Edgewater Drive
Orlando, FL 32804