DMCA Copyright Policy

ESXPress respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”). We respond expeditiously to valid notices of alleged copyright infringement submitted under 17 U.S.C. § 512, and we will remove or disable access to material that is properly identified as infringing.

ESXPress is a service provider as defined in 17 U.S.C. § 512(k)(1). We claim the protections of the DMCA safe harbors — including the transitory digital network communications safe harbor under 17 U.S.C. § 512(a) and the information residing on systems or networks at the direction of users safe harbor under 17 U.S.C. § 512(c) — where we satisfy the applicable statutory conditions, including designating an agent to receive notifications of claimed infringement and adopting and reasonably implementing a policy for terminating repeat infringers.

In appropriate circumstances, and in accordance with 17 U.S.C. § 512(i), ESXPress will terminate the accounts of users who are determined to be repeat infringers. A user’s account may be terminated after multiple valid takedown notices or where other circumstances indicate a pattern of repeated infringement. We also reserve the right to remove or disable access to content that we believe, in our sole discretion, is infringing or otherwise inappropriate.

Notices of claimed infringement should be directed to our designated DMCA agent:

• Name: ESXPress Legal
• Email: [email protected]
• Physical Address: Available upon request.
• Registration: Agent registration with the U.S. Copyright Office is pending.

To submit a takedown notice, please email [email protected] with the subject line “DMCA Takedown Notice.” To be effective under 17 U.S.C. § 512(c)(3), your notice must include all of the following:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including the URL(s) where it appears.
• Your name, mailing address, telephone number, and email address, so that we can contact you.
• 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 are authorized to act on behalf of the owner.
• A physical or electronic signature of the copyright owner or of a person authorized to act on the owner’s behalf.

If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification under 17 U.S.C. § 512(g)(3). Your counter-notification must include all of the following:

• Identification of the material that was removed or disabled and the location where it previously appeared.
• 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, mailing address, telephone number, and email address, together with a statement that you consent to the jurisdiction of the federal district court in Tulsa County, Oklahoma, and that you will accept service of process from the party who filed the original takedown notice, or from an agent of that party.
• Your physical or electronic signature.

Please send counter-notifications to [email protected] with the subject line “DMCA Counter-Notification.”

• Review: Upon receipt of a notice, we review it for completeness and compliance with the requirements of 17 U.S.C. § 512(c)(3).
• Removal: Material that is properly identified as infringing will be removed, or access to it will be disabled, expeditiously.
• Notification: We will notify the user who posted the affected material and provide them with a copy of the notice we received.
• Counter-notice: If the affected user submits a valid counter-notification, we may restore the material in accordance with 17 U.S.C. § 512(g).
• Repeat infringers: Accounts of users who are determined to be repeat infringers may be terminated in appropriate circumstances, as described in Section 3.

Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be held liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, the copyright owner, or the service provider. Please be certain that any notice or counter-notification you submit is accurate and made in good faith.

Users of ESXPress retain ownership of the content they upload to the service. ESXPress does not claim ownership of user content, and nothing in the service transfers ownership of such content to ESXPress. We do, however, respond to valid DMCA notices regarding user-uploaded content, and we will remove or disable access to content that is properly identified as infringing, in accordance with this policy.