某个域名放在namecheap,算是个小终端米,终端小气鬼一个,报价几千刀就直接威胁我要仲裁(不过他没商标,即使有也肯定在我注册后)。由于有点自然流量,就自己做了个站,凑了些内容,没注意就放上了终端的一些原创图片,结果这逼就投诉到namecheap了,namecheap给我发来一封如下内容的邮件,目前我回复已删除侵权内容,不知道能解决吗,有遇到相同问题的兄弟吗,求指教
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( j' Y; k- ` pHello,
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% B5 Y7 Z7 I$ B8 ^+ J, |0 y# FWe are in receipt of a copyright infringement notice pursuant to 17 U.S.C. §512 of the Copyright Act, requesting the disabling of infringing material appearing at a domain registered in your account (the “Domain”). Under Namecheap’s policy, the content appearing at the Domain has been identified by a reporting copyright owner as infringing and must be removed or disabled. A copy of the DMCA notice is included in this communication.
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3 a) w" Y2 v1 I+ CIf you believe that the identification of infringing content is in error, we suggest that you contact the reporting copyright owner to resolve the matter. If the reporting copyright owner agrees there is a mistake, have them email Namecheap at [email protected] and you are entitled to repost the content.1 U9 ]% h7 v! C5 {" r
: q/ D V3 w- ?, e1 zIf you are not able to come to an agreement with the reporting copyright owner, you may file a DMCA Counter Notice with Namecheap within five (5) business days of the date of this letter. Such a Counter Notice must comply with the requirements of the DMCA. The Counter Notice is a legal document and requires the following:
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. ]/ X! \/ ?: q/ {5 c# N9 Q1. Your contact information, including name, address, and telephone number, as well as facsimile number and email if available;5 \( i) C8 ~ S; H: k6 L3 u0 Y
2. A statement that under penalty of perjury that you have the 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;
! V% m8 |! T. T9 S y* l3. 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 was disabled;' } v1 i1 t- t3 l+ Y1 X
4. A statement that you consent to the jurisdiction of the United States District Court in which the address you provide is located, or if your address is outside the United States, for the judicial district of California;* z: v! [; Q3 R# j# E
5. A statement that you will accept service of process from the person who provided the initial notice or an agent of that person; and
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2 G# ^: z G0 r' } E7 d4 X6 `2 {The DMCA Counter Notice should be sent to Namecheap.com Attn: Legal Department, 11400 W. Olympic Blvd., Suite 200, Los Angeles, CA 90064, USA,
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Email: [email protected].
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Please make sure you update us accordingly at [email protected] once the notice is sent., [3 l3 q! D6 M& |# G
; n# t" f7 o1 d1 j y+ dOnce a valid DMCA Counter Notice has been submitted, Namecheap will provide a copy of the Counter Notice to the reporting copyright owner, and will advise it that the listing will be reinstated after 10 business days if we do not hear from the reporting copyright owner that he or she has filed an action against you under the DMCA in a court of competent jurisdiction for copyright infringement and is seeking a court order to restrain you from relisting the item or items.9 I* d- x( I: y) J/ A& L6 ~ o0 w
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By submitting your Counter Notice to Namecheap, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Namecheap with respect to any DMCA Counter Notice you send, and you agree to indemnify and hold Namecheap, and its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters relating to your sending of a DMCA Counter Notice.# {' B. e I/ k3 p* M+ K7 Z% q% a
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If we do not receive your response or the DMCA-reported content is not removed within 10 business days, we may be forced to suspend the domain name and disable WhoisGuard protection, unfortunately. You are welcome to refer to clause "8. SUSPENSION OR TERMINATION AND DISCLOSURE OF YOUR PERSONAL INFORMATION" of our Whois Proxy Agreement at http://www.namecheap.com/legal/whoisguard/whois-proxy-agreement.aspx and clause "20. TRADEMARK OR COPYRIGHT CLAIMS" of our Registration Agreement at http://www.namecheap.com/legal/domains/registration-agreement.aspx
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