DMCA

DMCA Notice Procedure

Certell respects the intellectual property of others.

If you believe that your copyrighted content has been used in a way that constitutes copyright infringement and is accessible on Certell’s site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

  • Identification of the copyrighted content claimed to have been infringed;
  • Identification of the content that you claim was copied or which is the subject of the infringing activity and that is to be removed and its location on Certell’s site;
  • Your name, address, telephone number, and, if available, an electronic mail address enabling us to contact you;
  • A statement that you in good faith believe that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or law;
  • A statement that the information in the notice is accurate, and under penalty of perjury, the you are authorized to act on behalf of the copyright owner; and,
  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

The above information must be submitted as a written or emailed notification to the following Designated Agent:

Attn: DMCA Officer
Certell, Inc.
3077 E. 98th Street, Suite 275
Indianapolis, IN 46280
ask@certell.org

After receiving a DMCA notice, we will provide the poster with the details of the notice that the material has been removed.

Certell may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

DMCA Counter-Notice Procedure

If you believe that content that was removed or disabled was not infringing, that you have consent, or your use of the content is permissible under the fair use doctrine, you may file a counter-notice with Certell’s Designated Agent including:

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; or
  • A statement that you believe your use of the content is protected as fair use under Section 107 of the Copyright Act; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Indianapolis, Indiana, and a statement that you will accept service of process from the person who provided the original notice.
  • Your physical or electronic signature;

If a counter-notice is received, Certell may send a copy of the counter-notice to the complaining party.  After sending the counter-notice to the complaining party, unless the copyright owner files a court action and notifies Certell within 10 business days, Certell may restore the content.