Infringement Notification Policy (Schedule E)
Members and non-users may submit complaints regarding domain names that are listed for sale via the DLP and/or utilizing other Company Services, including, but not limited to, the DPP. It is impossible for Company to monitor and verify every domain name utilizing Company’s Service. If you believe that your intellectual property rights have been violated by a Member, please submit a complaint in accordance with the below procedure. A complaint may or may not result in our suspending or terminating a Member’s access to and use of the Services.
1. Submitting a Complaint
If you are a trademark owner or the legal representative of a trademark owner and have a good faith belief that a domain name listed in our Site infringes your copyright, trademark, or other intellectual property rights, please send a written communication to the following address: DomainsX, LLC, 530 West 6th Street, Los Angeles, CA, 90017.
The written communication must include:
1. Name of Company
2. Contact information (including email address)
3. List of intellectual property right(s) at issue and jurisdictions in which registered
4. The specific domain names at issue.
5. If certain affiliates or partners are permitted to use your trademark in their domain names, list all company names in your letter.
6. Include the following statement: “I have a good faith belief that use of the trademarks described above with domain names described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
7. Include the statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
8. Your signature and BLOCK PRINTED FULL NAME AND TITLE.
2. Complaint Review
After we have received your proper complaint, both you and the Member associated with the complained of domain will be sent an email confirmation that will outline the domain in question and the party submitting the complaint. Members are given three (3) days to respond. We strive to review all claims within ten (10) days of receiving the complaint. An appropriate member of our staff trained in intellectual property matters will conduct the review, and we will promptly issue our decision to both you and the Member associated with the complained of domain.
3. Final Decision
You agree that if the decision is made to remove the domain name from our Site, we will endeavor to do so and such shall be the limit of our responsibility. You also agree that if a domain review does not result in removal of the domain, the complaining party will not be allowed to resubmit its complaint unless such party can allege new facts unknown during the initial complaint.
Company facilitates the sale and purchase of domain names and provides various Services in relation to such transactions. Company is NOT responsible for and has NO control over the use of any domain name listed for sale. Any content placed on a webpage accessed through or via a domain name is the responsibility of the owner and/or any third party service provider (including parking and other monetization services). Company does not host domain names, provide webpage content, or any other similar services. As such, the Digital Millennium Copyright Act (DMCA) may not apply to Company’s Services. However, Company reserves the right to claim benefits of the DMCA and provide you with the following information regarding claims of infringement and our policy for handling any claims Company may receive.
1. Digital Millennium Copyright Act
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is intended to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that Company receives that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the DMCA (the text of which can be found at the U.S. Copyright Office Web Site
). To the extent practicable, Company will respond to legally conforming notices of this form from other jurisdictions as well.
Regardless of whether Company may be liable for such infringement under local country law or United States law, Company’s response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating Member’s or users’ Services. If Company removes or disables access in response to such a notice, Company will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may provide a counter notification. Company may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party that may publish and/or annotate it.
2. Infringement Notification
To file a notice of infringement with Company, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyright. Accordingly, Company suggests that you first contact an attorney.
To expedite Company’s ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.domainname.com/page.html") or other information sufficient to clearly specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the “Title of Link” by ABC, published by XYZ, ISBN #987654321").
2. Identify the material that you claim is infringing the copyrighted work listed in #1.
3. Provide information clearly sufficient to permit Company to contact you (email preferred).
4. Provide information sufficient to permit Company to notify the owner of the allegedly infringing content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the document.
8. Send the written notice to the following address: DomainsX, LLC, 530 West 6th Street, Los Angeles, CA, 90017.
3. Counter Notification
The administrator or the provider of affected content may make a counter notification pursuant to §§512(g)(2) and (3) of the DMCA. When Company receives a counter notification, Company may reinstate the material in question. To file a counter notification, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, Company suggests that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the material that Company has removed or to which Company has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Luxembourg, and that you will accept service of process from the person (or their agent) who provided notification under subsection (c)(1)(C).
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
4. Sign the document.
5. Send the written notice to the following address: DomainsX, LLC, 530 West 6th Street, Los Angeles, CA, 90017.
For any additional questions regarding the DMCA process for Company products and services please contact us using the “Contact us” information on our Support Page
4. Repeat Infringers
Company will, in appropriate circumstances, terminate repeat infringers. If you believe that a user of the Site is a repeat infringer, please follow the instructions above to contact Company and provide information sufficient for Company to verify that the user is a repeat infringer.