DREAM SITE DESIGNER
TRADEMARK AND COPYRIGHT INFRINGEMENT POLICY

Respecting Intellectual Property

Umbra, LLC Dream Site Designer (“Dream Site Designer”) is the operator of this website (the “Site”), and is committed to the protection of intellectual property legal rights. Therefore, we have established the following policies for consideration of trademark and/or copyright infringement claims (the “Policy”), relating to the Site, and/or any products or services made available by Dream Site Designer to you or any third party.

Copyright and Trademark Claims Notification and Response Process

  1. To notify Dream Site Designer that there has been a copyright or trademark violation, including an alleged violation regarding a domain sold or leased by Dream Site Designer, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
  2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).

(A) Trademark Claims

  1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), Dream Site Designer requests that the Complaining Party substantiate such claim by providing the following information via email to help@DreamSiteDesigner.com. The words “Trademark Claim” should appear in the subject line of the email.

    To be considered effective, a notification of a claimed trademark violation must include the following information:

    • The trademark, service mark, trade dress, name, or other indicia of origin (the “Mark”) that is claimed to be infringed, including registration number.
    • The jurisdiction or geographical area to which the Mark applies.
    • The name, post office address and telephone number of the owner of the Mark identified above.
    • The goods and/or services covered by or offered under the Mark identified above and any and all “first use dates”, as listed in the applicable Mark registration.
    • A description of the manner in which the Complaining Party believes its Mark is being infringed upon.
    • Sufficient evidence that the owner of the website that is claimed to be infringing is a Dream Site Designer customer.
    • The precise location of the infringing Mark on the applicable (alleged) infringing website.
    • A good faith certification, signed under penalty of perjury, that each of the enumerated items listed above are true and accurate for all purposes.
  2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Dream Site Designer will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Dream Site Designer is investigating the claim, Dream Site Designer, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s) hosting the allegedly infringing material, redirect the DNS, and/or if it is solely stored on a Dream Site Designer server, temporarily remove or deny access to the allegedly infringing material.
  3. If Dream Site Designer concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the alleged infringer’s Dream Site Designer account and domain name, and/or if it is solely stored on a Dream Site Designer server, deny access to the allegedly infringing material. If Dream Site Designer concludes that the Complaining Party has not raised a legitimate claim, Dream Site Designer will restore access to the allegedly infringing material.
  4. Nothing in this Policy should be construed to supersede the Uniform Domain Name Dispute Resolution Policy, nor the obligation of Dream Site Designer and its customers to abide by it in the context of domain name disputes.

(B) Copyright Claims

  1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Dream Site Designer requests that the Complaining Party substantiate such claim by providing the following information via email to DMCA@DreamSiteDesigner.com. The words “Copyright Claim” should appear in the subject line of the email. A copyright claim can also be submitted by mail to:

    Umbra, LLC Dream Site Designer
    Attn: DMCA Agent
    180 N. Michigan Ave. #2105
    Chicago, IL 60601
    Telephone: (847) 230-4717

    To be considered effective, a notification of a claimed copyright infringement must be provided to Dream Site Designer and must include the following information:

    • An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been 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 on that site.
    • 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 access to which is to be disabled, and information reasonably sufficient to permit Dream Site Designer to locate the material.
    • Information reasonably sufficient to permit Dream Site Designer to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
    • 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 the law.
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 above, Dream Site Designer will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Dream Site Designer is investigating the claim, Dream Site Designer, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on a Dream Site Designer server, temporarily remove or deny access to the allegedly infringing material.
  3. If Dream Site Designer concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to suspend the alleged infringer’s Dream Site Designer account and domain name, and/or if it is solely stored on a Dream Site Designer server, deny access to the allegedly infringing material. If Dream Site Designer concludes that the Complaining Party has not raised a legitimate claim, Dream Site Designer will restore access to the allegedly infringing material.

(C) Counter Notification Policy

  1. If you have received a notice of copyright or trademark infringement that you wish to challenge based on 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, you may provide “Counter Notification” by emailing DMCA@DreamSiteDesigner.com, with the subject line of the email containing the words “Counter Notification,” and including the following:
    • An electronic signature of the alleged infringer.
    • 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 the alleged infringer has 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.
    • The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Illinois, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.
  2. Upon receipt of a Counter Notification as described in Section 1 above, Dream Site Designer shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Dream Site Designer will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Dream Site Designer first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Dream Site Designer system or network.

(D) Repeat Infringers

It is Dream Site Designer’s policy to provide for the termination, in appropriate circumstances, of Dream Site Designer customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.