DMCA Policy

To be considered effective pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3), your notification must include the requested information below. This procedure is for notifying Vivint Host LLC that copyrighted material may have been infringed through content hosted, stored, or shared through our services, including websites, hosting accounts, and DriveCloud file storage or file sharing services:

• An electronic or physical signature of the person legally authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim infringes your copyright is located, including the website URL, file link, DriveCloud share link, account, or other information reasonably sufficient to help us locate the material.
• Your address, telephone number and e-mail address.
• A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or legally authorized to act on behalf of the copyright owner.

Designated Agent To Receive Notification Of Claimed Infringement

A notification of claimed copyright infringement must be provided in writing to:

Vivint Host LLC
Legal Team
610 E Zack Street
Suite 110-3409
Tampa, FL 33602

Or through the Vivint Host Legal Channel

Upon receipt of a valid notification of claimed copyright infringement, Vivint Host LLC will follow the procedures outlined in the DMCA.

Notice And Take-Down Procedures

If Vivint Host LLC is notified of a credible claim of copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing or disabling access to the material that is potentially infringing pursuant to the DMCA. This may include disabling access to hosted website content, account content, DriveCloud stored files, or DriveCloud shared links.

Counter Notification

If you receive a DMCA notification and believe, upon good faith, that the content was removed or disabled in error, you may provide a counter-notice by notifying us in writing at the designated agent address above, or through the Vivint Host Legal Channel, and providing the following information:

• A physical or electronic signature (type your full name).
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement 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 of the material to be removed or disabled.
• Your name, mailing address, and 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 U.S., for any judicial district in which Vivint Host may be found, and that you will accept service of process from the Complainant who provided the copyright notification or an agent of such Complainant.
• Upon receipt of a counter-notice, Vivint Host shall promptly forward a copy to the Complainant and inform Complainant that it will replace the removed material or cease disabling access to it in ten (10) business days. Vivint Host may replace the removed material and cease disabling access to it in not less than ten (10) business days and no more than fourteen (14), business days following receipt of the counter-notice unless Vivint Host first receives notice from Complainant that it has filed an action seeking a court order to restrain the Vivint Host customer from engaging in infringing activity relating to the material on Vivint Host’s web hosting site.

Please note and understand before submitting a counter-notice: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Repeat Infringers

Under appropriate circumstances, Vivint Host may, in its discretion, terminate the accounts of customers who are repeat infringers.

Accommodation Of Standard Technical Measures

It is Vivint Host’s policy to accommodate and not interfere with standard technical measures, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works, and (1) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (2) are available to any person on reasonable and nondiscriminatory terms; and (3) do not impose substantial costs on us or place substantial burdens on our systems or networks.