ServerBorn respects the intellectual property rights of others and expects users of our services to do the same. This policy explains how to notify us of alleged copyright infringement and how the resulting takedown process works, in accordance with the U.S. Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.
Section 01About this Policy
ServerBorn is a hosting service provider as defined in 17 U.S.C. § 512(k). We do not pre-screen the content that our customers place on their sites. We will, however, respond to properly submitted DMCA notices by promptly removing or disabling access to content that is alleged to be infringing, and we will notify the affected customer.
Section 02Designated Agent
Notices of claimed infringement should be sent to our designated agent:
DMCA Designated Agent
[FULL NAME OF DESIGNATED AGENT]
Andrews Development LLC d/b/a ServerBorn
[BUSINESS MAILING ADDRESS]
South Carolina, USA
Email: [email protected]
Telephone: [TELEPHONE NUMBER]
Notices delivered to any other address or contact at ServerBorn may not be acted on. The current designated agent is also on file with the U.S. Copyright Office.
Section 03Filing a Takedown Notice
To be effective under the DMCA, your written notice must include all of the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
- Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered by a single notice.
- Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate it (typically a full URL).
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
- A statement that you have 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, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Send the completed notice to [email protected] or to the postal address above.
Section 04Counter-Notification
If you are a customer whose material was removed pursuant to a DMCA notice and you believe the removal was the result of mistake or misidentification, you may submit a counter-notification. To be effective, your counter-notification must include:
- Your physical or electronic signature.
- Identification of the material that was removed or disabled and the location at which it appeared before removal.
- A statement, made 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.
- Your name, address, and telephone number.
- A statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which ServerBorn may be found) and that you will accept service of process from the person who provided the original notice, or that person's agent.
After we receive a valid counter-notification we will forward a copy to the complaining party. If the complainant does not file an action seeking a court order against you within 10 to 14 business days, we may, at our discretion, restore the affected material.
Section 05Repeat Infringers
It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the accounts of customers who are deemed to be repeat infringers.
Section 06Misrepresentations
Any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages under 17 U.S.C. § 512(f). Please do not make false claims.
Section 07Contact
All other copyright questions can be sent to [email protected] or through the contact form.