GoTo.com, Inc. (“GoTo,” “us,” “we” or “company”) has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512. The contact information for the company’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy, and is on file with the United States Copyright Office (http://www.copyright.gov/onlinesp/list/index.html). We take copyright and other intellectual property rights very seriously. It is the company's policy to (1) expeditiously block access to or remove content that it believes in good faith may contain material that infringes the copyrights of third parties and (2) remove and discontinue service to repeat offenders.
We respect intellectual property rights. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Please be aware that there are multiple types of content on the GoTo Services. (The “GoTo Services” is defined in our Terms of Service and has the same meaning here.) Please see our Terms of Service for a description of the types of content. If you believe that your work has been displayed, posted, copied or included within the GoTo Services in a way that constitutes copyright infringement, please first check to see if the work originated from a third party service. You may notify such third party service directly about alleged copyright violations. For all other copyright notifications, if you believe that content residing on or accessible through the GoTo Services infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Designated Agent listed below (consult legal counsel or refer to 17 U.S.C. 512(c) to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of the copyrighted works 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 at 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 us to locate the material;
Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address;
A statement that the notifier 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if we otherwise come to believe in good faith that content on the GoTo Services may contain material that infringes copyright, it is our policy to: (i) remove or disable access to the content identified in the notice of claimed infringement; (ii) notify the content provider, member or user that GoTo has removed or disabled access to the content; and (iii) terminate in appropriate circumstances account holders who are repeat infringers.
If the content provider or account holder believes that the content that was removed or to which access was disabled is not infringing, or the content provider, or account holder believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, or account holder may send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, or account holder;
Identification of the content 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 content provider, or account holder has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
Content provider's, or account holder's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider's, or account holder's address is located, or if the content provider’s or account holder's address is located outside the United States, for Los Angeles, California, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, or account holder, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GoTo's sole discretion.
Please contact our Designated Agent at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
GoTo Copyright Agent
269 S. Beverly Drive #1134
Beverly Hills, CA 90212
Email: copyright-notices at goto dot com
We reserve the right to remove content alleged to be infringing in our sole discretion and without notice.