Copyright and Trademark Complaints related to Webhosting Customers of Vistaprint
If you believe your copyrighted work has been infringed by an online site for which Vistaprint is providing the site hosting services and you want us to take down or disable the infringing materials, you must provide us with all the information requested on the below Notification of Claimed infringement. The information requested is intended to substantially conform to the requirements set forth in the Digital Millenium Copyright Act, 17 U.S.C Section 512(c)(3)(A).
We require the following information from you:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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 such works.
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
- 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 that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification that fails to comply with the above requirements shall not be considered to either provide
Vistaprint with actual knowledge of infringement or make Vistaprint aware of facts or circumstances from which infringing material or acts are apparent. Registered Agent Pursuant to 37 C.F.R. § 201.38, the registered agent of Vistaprint is:
|Designated Agent:||Victoria Clifford|
|Address of Agent:||Vistaprint. 275 Wyman Street. Waltham, MA 02451|
This policy and process is designed to address trademark related complaints regarding websites that Vistaprint hosts for its customers.
Vistaprint offers electronic services including website hosting and the purchase of domain names (utilizing a third-party registrar) through the use of automated, customer operated,
online tools. Our toolset includes a variety of templates and online editing features that permit our customers to create, enter and/or upload website content of their choice.
As part of our Terms and Conditions , our customers warrant that they have appropriate intellectual property rights
in any content they create or upload to our servers for hosting as part of their customer website. Moreover, our customers agree to indemnify and hold harmless Vistaprint for all liability resulting from any breach of warranties including the aforementioned intellectual property warranty.
If you have a concern regarding use of your trademark on a Vistaprint hosted customer website, kindly send the following details to [email protected]:
- Documentation identifying your valid trademark right and the goods and/or services to which it pertains. A valid trademark right consists of a trademark registered with a national government organization. This policy does not address unregistered “common law” rights or trademarks registered only with local (state) registries.
- A documented example of the trademark use you are objecting to on the Vistaprint hosted customer website including the specific goods and/or services being offered by the customer and why you believe this use is in violation of your rights. Please provide, as applicable, specific URLs, screenshots or other pertinent documentation.
- The contact details for the owner of the trademark including name, address, telephone number and email address.
- A statement describing your authority in this matter (if you are not the trademark owner).
Upon receipt of the complaint, Vistaprint will launch an investigation into the matter. If, upon investigation, we believe there is a reasonable basis for the complaint, we will:
- Forward the complaint, including all details you have provided, to the customer responsible for the objected-to website.
- Request that the customer either resolve the matter directly with the trademark owner (or authorized party), or remove the objected-to content from the website within a period of two weeks.
- If, after two weeks, the customer has not either removed the objected-to content, or provided us with a reasonable basis to believe the dispute with the trademark owner has been resolved or pending resolution, we shall suspend the website.
- If the complaint is based on a domain name registered on behalf of a customer, Vistaprint will, after the two-week period, suspend the website, redirect the domain name to an unbranded holding page, and permit the domain name registration to naturally expire (generally one year after the initial registration or last annual renewal).
- If the complaint relates to the purchase of keywords for paid search services from third parties (e.g., the Adwords™ program from Google™), our policies will generally parallel the search provider’s policy in regard to trademark matters.
Vistaprint is under no obligation to investigate any matters which do not comply with the process or information requirements stated above. Nonetheless, and to the extent possible, any
complaints related to Vistaprint hosted customer websites and third-partytrademarks will be handled by the foregoing process.
During our investigation, should circumstances dictate, and in our sole discretion, Vistaprint may follow an amended, delayed, expedited or modified process to that detailed above.