DMCA Policy

If you believe a customer of The SMB Exchange ("SMBEXCHANGE") is infringing upon your exclusive copyright...

If you have a good faith belief that material on a system or network controlled or operated by SMBEXCHANGE is infringing upon your exclusive copyright please take the following steps:

1. Provide written notification to SMBEXCHANGE's designated agent

(The notification must meet the requirements listed below.)

Designated Agent: Reed Sandberg
E-mail: info-web@thesmbexchange.com
Phone: 415-875-9543
Fax: 415-875-9543
Address: The SMB Exchange
943 York St
San Francisco, CA 94110
USA

SMBEXCHANGE will:

  • reply to your notification to confirm its receipt;
     
  • send the SMBEXCHANGE customer written notification, along with a copy of your notification, requesting removal of the allegedly infringing material and requiring confirmation of the removal be sent to SMBEXCHANGE within 24 hours;
     
  • disable access to the allegedly infringing material or the customer's account if the customer fails to remove the allegedly infringing material and/or fails to inform SMBEXCHANGE of the removal within 24 hours of SMBEXCHANGE's notification;
     
  • send you notice of the customer's counter notification and our intent to re-enable access to the material or the account within 10-14 days of SMBEXCHANGE's receipt of any customer counter notification. (This paragraph applies only if the counter notification meets the requirements listed below.)

2. If SMBEXCHANGE sends you notice of the customer's counter notification, please send notice to SMBEXCHANGE that you have filed an action seeking a court order to restrain the customer from engaging in the infringing activity.

(Your notification of filing an action must be received by SMBEXCHANGE prior to SMBEXCHANGE's re-enabling the account or re-enabling access to the material.)

SMBEXCHANGE will, upon receipt of your notice of filing an action:

  • inform the customer of your notice of filing an action seeking a court order and that access to the account or material will remain disabled; and
     
  • refrain from re-enabling the customer's access to the account or information.

ALLEGED COPYRIGHT INFRINGEMENT NOTIFICATION REQUIREMENTS

Please include all of the following information in your written notification to SMBEXCHANGE's designated agent:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
     
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
     
  • 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 SMBEXCHANGE to locate the material;
     
  • Information reasonably sufficient to permit SMBEXCHANGE to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
     
  • 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
     
  • 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.

If you receive a Notice of Alleged Copyright Infringement...

SMBEXCHANGE has received a notice that SMBEXCHANGE's network, system(s), or shared server space assigned to your account contain material that is claimed to be infringing upon the exclusive copyright of the sender of that notice. Under the Digital Millennium Copyright Act, 17 United States Code 512, SMBEXCHANGE is required to respond expeditiously to remove the material that is claimed to be infringing.

SMBEXCHANGE requests that, within 24 hours of receiving SMBEXCHANGE's Notice of Alleged Copyright Infringement, you remove the allegedly infringing material and notify SMBEXCHANGE that you have done so.

If you fail to remove the material and notify SMBEXCHANGE that you have done so, SMBEXCHANGE will disable access to the material or disable access to your account.

However...

if you believe in good faith that the allegedly infringing material that has been removed or to which access has been disabled was done so by mistake or misidentification, please take the following steps:

1. Provide a written notification, called a counter notification, to SMBEXCHANGE's designated agent as soon as possible.

The counter notification must meet the requirements listed below.

Designated Agent: Reed Sandberg
E-mail: info-web@thesmbexchange.com
Phone: 415-875-9543
Fax: 415-875-9543
Address: The SMB Exchange
943 York St
San Francisco, CA 94110
USA

SMBEXCHANGE will:

  • reply to your notification to confirm its receipt;
     
  • send the complainant written notice of your counter notification and inform them that access to the material will be enabled within 10-14 days of SMBEXCHANGE's receipt of your counter notification unless the complainant provides written notification to SMBEXCHANGE that it has filed an action in court to restrain access to the allegedly infringing material;
     
  • enable access to the allegedly infringing material or your account within 10-14 days of SMBEXCHANGE's receipt of your counter notification unless the complainant provides written notification to SMBEXCHANGE that it has filed an action in court to restrain access to the allegedly infringing material;

COUNTER NOTIFICATION - REQUIREMENTS

Your written counter notification to SMBEXCHANGE's designated agent must include all of the following information:

  • Your actual or electronic signature;
     
  • Identification of the material that has been removed or which access has been disabled and the location of the material prior to its removal or denial or access;
     
  • A statement that, under penalty of perjury, you have a good faith belief that the material removed or to which access has been disabled was done so by mistake or misidentification;
     
  • Your name, address, telephone number; and
     
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which SMBEXCHANGE may be found and you will accept service of process from the person, or their agent, who provided notification who is complaining of the alleged infringement.