agent image
866-618-0264Agents Available

EarthLink Digital Millennium Copyright Act Policy

Effective Date: April 1, 2024

EarthLink is committed to complying with U.S. copyright law and related laws, and requires all subscribers and users (“you”) of its services that provide or include access to the Internet, including, without limitation, email services, hosting services (software applications and hardware), or use of any EarthLink Websites (collectively, the “EarthLink Services” or “Services”), to comply with these laws and EarthLink’s Acceptable Use Policy, which is incorporated herein by reference. EarthLink complies with the Digital Millennium Copyright Act (“DMCA”) and provides a method for copyright owners to communicate information about alleged infringements to us, and for us to inform our subscribers and users about them. The DMCA provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed by means of the Internet. Under the DMCA, copyright owners may notify EarthLink’s designated agent about any alleged infringement of their protected works that appears on Web pages controlled or operated by EarthLink.Upon receipt of a properly delivered notification satisfying the requirements of the DMCA, EarthLink will remove the allegedly infringing content or material or disable access to it. If the subscriber who posted the content believes in good faith that the removal or disabling was improper under the DMCA, the subscriber may submit a counter-notification to EarthLink. If the counter-notification is presented in accordance with the requirements of the DMCA, EarthLink will re-post the disputed content or re-enable access to it. In all events, EarthLink will not be a party to any dispute or lawsuit over alleged copyright infringement and will not seek to make an independent determination as to the validity of any claim that is the subject of any DMCA notification.EarthLink is providing the following information to you for informational purposes only. This information should NOT be construed as legal advice. If you believe that your rights have been violated and to help you understand your legal rights, you should consult with legal counsel.

1. Notification of Alleged Copyright Infringement

If you believe that content or material on a Web page(s) hosted by or otherwise made available via EarthLink is violating your rights under U.S. copyright law as a copyright owner, then you may send your written DMCA notice of claimed infringement to EarthLink’s designated agent as listed below.

Mail Office of the General Counsel EarthLink, LLC 980 Hammond Drive, Suite 400 Atlanta, Georgia 30328
Telephone 404-815-0770
Email [email protected]

For your notification to be considered by EarthLink under the DMCA, it must contain all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of those works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit EarthLink to locate the material.
  4. Information reasonably sufficient to permit EarthLink to contact the complaining party, such as an address, telephone number and, if available, an email address.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon EarthLink’s receipt of a satisfactory notice of claimed infringement, EarthLink will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing content or material, if applicable, or (ii) disable access to the content or material. EarthLink will also notify the affected subscriber or user of the Service of its removal or disabling of access to the content or material.

2. Counter-Notification

If you receive a DMCA notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing content or material has been removed or blocked by mistake or misidentification, then you may file a written counter-notification with EarthLink’s designated agent.

Your counter-notification must contain all of the following information:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access to it was disabled.
  3. 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.
  4. Your name, 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 United States, a statement that you so consent as to any judicial district in which EarthLink may be found), and that you will accept service of process from the person, or an agent of the person, who provided the notification.

Upon receipt of a counter-notification, EarthLink will provide the person who sent the original notification with a copy of the DMCA counter-notification. If the counter-notification meets the requirements of the DMCA, EarthLink will restore the removed material or re-enable access to it within ten to fourteen business days following receipt, unless EarthLink has received notice from the person who submitted the original DMCA notice that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity related to the content or material at issue on EarthLink’s system or network.

3. Misrepresentations

Under the DMCA, any person who knowingly makes a material misrepresentation in a DMCA notification concerning copyright infringement may be liable for damages, including costs and attorney’s fees, incurred by the alleged infringer, by any copyright owner or the copyright owner’s authorized licensee, or EarthLink, who is injured by such misrepresentation as a result of EarthLink relying upon such misrepresentation when it removed or disabled access to the material or activity claimed to be infringing, or when it replaced the removed material or ceased to disable access to it.

4. Repeat Infringers

In addition to the rights and procedures set forth in the DMCA and in accordance with EarthLink’s Acceptable Use Policy, EarthLink maintains a policy to terminate or suspend the accounts of any subscriber or user known to EarthLink to be a repeat infringer of third party copyright rights for whom EarthLink has received multiple DMCA notifications of alleged infringement. EarthLink reserves the right to terminate a subscriber’s Internet service or account at any time with or without notice for any affected subscriber or user who EarthLink, in its sole discretion, believes is infringing any copyright or other intellectual property rights.

If you wish to notify EarthLink regarding the alleged downloading of copyrighted material by an EarthLink subscriber without the copyright owner’s permission, please contact us at [email protected].