What is a Counter-Verification?
A Counter-Verification is a signed and certified document that you submit to us in order to dispute a Copyright Complaint that a third party has lodged against you. By submitting a counter-verification, you are certifying under penalty of perjury any facts and/or evidence that refute the claims of copyright infringement regarding your domain name and/or website.
A counter-verification must include all of the following:
- Your full name (first, middle, last).
- Your address (physical address, not a PO Box or mail service).
- Your telephone number, including country code if not the United States.
- Your fax number, if you have one (optional).
- Your email address.
- A submission of documents, evidence, and/or an explanation to negate the copyright infringement claim made against you.
- Your declaration that it is your good faith belief that the use of the material complained of is authorized by the copyright holder (aka the complainant), or otherwise permitted under the law, or that the complainant does not have a legally enforceable copyright claim.
- Your declaration, under penalty of perjury, that the information you are providing regarding the infringing material and the copyright is accurate.
- Your signature (may be electronically signed).
Let us clarify the types of evidence we would accept to support your counter-verification with a few examples. We would accept, for instance, evidence that the complainants gave their express permission to you to republish or resell their materials. Also, we would accept identification of and copies of the text of a statute, law, or regulation recognized by either United States law or the International Berne Convention, that lawfully permits your use of the material. Still another example is if you can provide documents or proof that the complainant somehow does not own a legally enforceable copyright.
If more than one copyright complaint has been lodged against you, we will require you to submit a separate counter-verification for each complaint.
We must receive counter-verifications by the deadlines specified in our notices and emails. If we do not receive your documents in a timely fashion, you run the risk of your services being terminated.
You may submit your counter-verification to us by fax, email, or postal mail, as follows:
Fax: +1 (415) 869-2893
Mail: P.O. Box 345, San Mateo, CA 94401
Once we receive your counter-verification, we evaluate it for completeness and accuracy under the standards set forth above. If we determine that the counter-verification is satisfactory, then we may restore your services (if disabled), and/or request that the complainant seek a court or administrative order to disable your services.