ProceduresIf you are unable to resolve the dispute directly with the owner and/or administrator of a website hosted by Vercel after submitting a complaint to the DMCA agent designated by the owner and/or administrator, Vercel will follow the below procedures with respect to Notices of Infringement and Counter-Notifications.
- Prior to Filing a Notice of Infringement with Vercel: An owner of a copyright should conduct its own due diligence to ascertain whether the owner in fact owns the copyright to an original work and whether the content on a website hosted by Vercel constitutes an unauthorized use of the content and/or infringes on the owner’s copyright.
- Filing a Notice of Infringement: If the copyright owner’s investigation confirms that the owner actually owns the copyright and that the content posted on the website is unauthorized or infringes on the owner’s copyright, the owner (hereinafter referred to as the “Complainant”) should prepare and submit a Notice of Infringement to Vercel through the Designated Agent. The Notice of Infringement should include all of the statutory requirements listed below and should be sufficiently detailed. Upon receipt of the Notice of Infringement, Vercel’s Designated Agent will notify the owner(s) of the deployment of the copyright infringement claim in the Notice of Infringement. The owner(s) of the deployment will be advised that they need to resolve the dispute with the Complainant and will be provided with their contact details in order to do so (“Vercel’s Notice”).
- Resolving the Notice of Infringement:
- To the extent that the Notice of Infringement properly alleges that the entirety of the contents or materials of a website hosted by Vercel infringe on the Complainant’s copyright, Vercel will disable the website at issue, in its entirety, and will take the website offline.
- Since Vercel is unable to disable access or to remove specific content from its customers’ websites, in the event that the Notice of Infringement properly alleges that only portions of the website’s content infringes the copyrights of the Complainant, the owner(s) of the deployment must attempt to resolve the Notice of Infringement within five (5) days of the date of Vercel’s Notice, by contacting the Complainant directly and/or removing and/or modifying the offending content identified in the Notice of Infringement. Confirmation that corrective action has been taken MUST be sent to Vercel by the owner(s) of the deployment within such five (5) day period. If no response is received from the owner of the deployment(s) by Vercel Support within this timeframe, the deployment will be disabled in its entirety and will be taken offline. If the owner of the deployment(s) notifies Vercel’s Designated Agent that corrective action has been taken, Vercel will notify the Complainant of such purported changes (“Change Notice”).
- Opportunity for Revision of Notice of Infringement: If the corrective action taken by the owner(s) of the deployment is determined to be insufficient by the Complainant, the Complainant shall have the opportunity to revise or renew the original Notice of Infringement. Should the Complainant determine that the changes are satisfactory, the Complainant may submit a written retraction of the Notice of Infringement. If the Complainant fails to submit a revision, renewal, or retraction of the Notice of Infringement to Vercel Support within two (2) weeks of the Change Notice, the changes will be deemed acceptable and the Notice of Infringement will be deemed to be retracted. In the event that the Notice of Infringement is renewed by the Complainant in spite of the changes made by the owner(s) of the deployment, the deployment will be disabled in its entirety and will be taken offline; otherwise, revised Notices of Infringement will undergo the same resolution process set forth in the immediately preceding section.
- Filing a Counter-Notification: Where allegedly infringing material was removed (or access to it disabled) in response to a Notice of Infringement, the owner(s) of the deployment should consult with a professional and/or lawyer about their options and circumstances. If you, as the owner(s) of the deployment, believe that material you posted on a website hosted by Vercel was wrongfully removed or access to it was disabled by mistake or misidentification, you can file a Counter-Notification with Vercel through its Designated Agent. Vercel will then promptly provide a copy of the Counter-Notification to the Complainant who originally filed the Notice of Infringement.
- Copyright Owner’s Right to File a Lawsuit: Vercel will promptly replace the removed material or restore access to it within ten (10) to fourteen (14) business days after receiving the Counter-Notification from the owner(s) of the deployment, unless Vercel’s Designated Agent receives notice from the Complainant that it has filed an action seeking a court order to restrain the owner(s) of the deployment from engaging in infringing activity pursuant to Section 512(g)(2)(b) of the DMCA.
Notice of InfringementVercel will promptly respond to Notices of Infringement that comply with applicable laws and Vercel’s DMCA Policy. In the event you believe any materials accessible on or from a website hosted by Vercel infringe your copyright, you may request removal of those allegedly infringing materials (or access to them) by submitting a written notification to Vercel’s copyright agent designated below.Pursuant to Section 512(c)(3) of the DMCA, the written notice must include the following:
Vercel’s designated copyright agent (“Designated Agent”) to receive DMCA Notices of Infringement and Counter-Notifications (as defined below) is:Vercel Inc.
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed (or a representative list of works if the claim involves multiple works).
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow Vercel to locate that material.
- Adequate information by which Vercel can contact you (including your name, mailing address, telephone number, and e-mail address).
- A statement by you that you have a good faith belief that the use of the copyrighted materials is unauthorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notice of Infringement is accurate.
- A statement, under penalty of perjury that you are authorized to act on behalf of the copyright owner.
330 S Lemon Ave #4133
Walnut, CA 91789
email@example.comIf you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice of Infringement may not be effective. Furthermore, if you knowingly and materially misrepresent that the material on the website hosted by Vercel is infringing your copyright, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-NotificationIf you are a Vercel customer and believe that material you posted on a website hosted by Vercel was wrongfully removed or access to it was disabled by mistake or misidentification, you can file a counter-notification with Vercel (“Counter-Notification”), pursuant to Section 512(g)(2) and (3) of the DMCA, by submitting written notification to our Designated Agent identified above.Pursuant to the DMCA, the Counter-Notification must substantially include the following:
Vercel’s designee to receive Counter-Notifications is the Designated Agent listed above.Please note that the DMCA allows Vercel to restore the removed content if the party filing the original Notice of Infringement does not file a court action against you within ten (10) to fourteen (14) business days of receiving the copy of your Counter-Notification. You should also be aware that if you knowingly and materially misrepresent that the material on the website hosted by Vercel was removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled, along with the location at which the material appeared before it was removed or access was disabled.
- Adequate information by which Vercel can contact you (including, your name, mailing address, telephone number, and e-mail address).
- A statement by you, under penalty of perjury that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement by you that you will consent to the jurisdiction of the Federal District Court for the judicial district that your address is located (or if you reside outside the USA, for any judicial district in which the website may be found) and that you will accept service of process from the person (or that person’s agent) who provided Vercel with the Notice of Infringement at issue.
Repeat OffendersIt is Vercel’s policy, in certain circumstances and in its sole discretion, to disable and/or terminate the accounts of customers who are repeat infringers upon the copyrights or other intellectual property rights of others.
Last update: May 10th, 2021