Xeptix Labs LLC ("we", "us", "Xeptix Labs", or sometimes just "Xeptix") respects the intellectual property rights of others and complies with the U.S. Digital Millennium Copyright Act (the "DMCA," 17 U.S.C. § 512). This page explains how to send copyright takedown notices for content hosted on our infrastructure, how affected customers can respond, and our policy for terminating accounts of repeat infringers.
These procedures apply to any content hosted by Xeptix Labs on behalf of our customers — websites, applications, game servers, bots, scripts, files, and the like. They are also incorporated into our Hosting & Care Agreement, Project Hosting Agreement, and PAYG Hosting Agreements.
Designated DMCA Agent
We have designated an agent to receive notifications of claimed copyright infringement, registered with the U.S. Copyright Office under DMCA Service Provider Number DMCA-1072245. Notices must be sent to:
Email: [email protected]
Mail:
Xeptix Labs LLC
Attn: DMCA Agent
6545 Market Ave. North, Suite 100
Canton, OH 44721-2430
Email is the fastest channel; we monitor [email protected] during business days. Mail is provided for completeness.
Sending a takedown notice
To be valid under 17 U.S.C. § 512(c)(3), a DMCA takedown notice must include all of the following:
- A physical or electronic signature of the copyright owner or someone authorized to act on their behalf.
- Identification of the copyrighted work claimed to be infringed (or, if multiple works, a representative list).
- Identification of the infringing material and information sufficient to locate it — typically a specific URL or path.
- Contact information for the rights holder or representative: name, address, telephone number, email.
- A statement that the rights holder has a good-faith belief that the use of the material 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 the notifying party is authorized to act on behalf of the copyright owner.
Notices missing required elements may be returned without action.
What happens after we receive a notice
Upon receiving a properly formatted notice, we will:
- Act expeditiously to remove or disable access to the alleged infringing material.
- Notify the affected customer of the takedown and forward a copy of the notice (with the rights holder's personal contact details redacted as appropriate).
- Document the action for our repeat-infringer policy records (see below).
We do not pre-screen, edit, or curate customer-hosted content; we act in response to validly submitted notices.
Counter-notifications
If you are an affected customer and believe the material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our Designated Agent. To be valid under 17 U.S.C. § 512(g)(3), the counter-notification must include:
- Your physical or electronic signature.
- Identification of the material that was removed and the location at which it appeared before removal.
- A statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification.
- Your name, address, and telephone number.
- A statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which you are located — or, if you are outside the United States, the U.S. federal district court for the Southern District of Ohio — and that you will accept service of process from the rights holder or their representative.
If we receive a valid counter-notification and the rights holder does not file suit within 14 business days, we will restore the material.
Repeat-infringer policy
Federal law (17 U.S.C. § 512(i)(1)(A)) requires us to terminate, in appropriate circumstances, the accounts of customers determined to be repeat infringers. Our policy:
- Each valid DMCA takedown we act on counts as a strike against the affected account.
- A counter-notification that successfully restores the material does not count as a strike, provided the rights holder does not file suit within 14 business days as required by 17 U.S.C. § 512(g).
- Two (2) strikes within any 12-month period results in a formal written warning and a review of the account.
- Three (3) strikes within any 12-month period results in termination of the account in accordance with the relevant Hosting Agreement.
- We reserve the right to terminate sooner where the infringement is egregious, willful, commercial in nature, or part of a clear pattern.
- Strikes attach to the customer account, not to a specific hosted project, and persist across plan changes within the same account.
Misrepresentations
Knowingly making material misrepresentations in either a DMCA notice or a counter-notification may subject the submitting party to liability under 17 U.S.C. § 512(f), including damages and costs. We will cooperate with rights holders or affected customers in pursuing such claims where appropriate.
Service-provider status
Xeptix Labs operates as a hosting service provider for content provided by our customers. We do not pre-screen, edit, or curate the software, files, or other content that customers (or end users of customer-hosted services) post, transmit, store, or otherwise make available using our infrastructure. We are not the speaker or publisher of such content for purposes of 47 U.S.C. § 230 or analogous state law. Customers are responsible for the content under their control and for the conduct of users of their hosted services.
Questions
For DMCA-specific matters, contact our Designated Agent at [email protected]. For non-DMCA legal questions, see our Terms and Privacy Policy, or write to us at:
Xeptix Labs LLC
6545 Market Ave. North, Suite 100
Canton, OH 44721-2430