What We Do
Even if your site has employees, naming an employee as the designated agent might not be a good idea either and if anything happened to the designated agent, there undoubtedly would be legal liability issues to deal with.
Domain registrars provide a domain privacy service for a fee, which is similar to what we do. Thus if you are one of those site owners, posting your full contact information on your site or in a publicly accessible form on the site of the U.S. Copyright Service rather defeats that privacy. The option is to ignore DMCA and the protection that it provides. DMCA1 allows you to have your privacy and the protection of the DMCA at the same time.
Having a DMCA notice on your site is very important and we provide you the text to use. We also provide a logo for the service you can use on your site. If you do not have a DMCA notice and contact information, the DMCA notice will likely not be sent to you first for you to deal with. It will be sent to your web hosting service, which will generally speaking, immediately shut down your site for 10 days.
If your site has message forums, let us provide a warning. If you do NOT edit postings, you are protected by the CDA from liability for libel, defamation and similar torts. If you edit postings, other than automatic filters for obscene words, prohibited URL's and things like that, you then become a publisher, like a newspaper and liable for those torts.
This brings us to another feature. DMCA is often abused for libel and similar complaints. Sometimes it is used for trademark infringement complaints, although it does not apply to trademarks. Chances are though, DMCA One will be sent trademark and libel complaints.
All communications with us will be forwarded immediately to you. You have the option of us responding on your behalf in cases of improper complaints concerning libel and defamation claims or trademark infringement. Although we are not a law firm, a response from Blue Planet Security Corporation might cause the issuers of bogus claims to think twice and also provide you, our client with more time to deal with such claims. Also, foreign claims from citizens of countries that are not signatories to the WIPO agreements have no standing to issue a DMCA complaint. We do have experience in the relevant areas of law. Keep in mind, we can not legally represent you in a court of law, but we can testify on your behalf as an expert witness should that become necessary.
Unlike your web host who will probably immediately cave under a DMCA complaint, we will review it on your behalf and confirm its authenticity, as an optional service. If the notice is bogus, which happens a considerable amount (third parties claiming infringement rather than the copyright holder) a few words from us will probably deal with the matter.
We deal with the mail, telephone calls, faxes and emails on your behalf and forward the information to you.
We do not however deal with spam complaints and if your site is used for spamming, we reserve the right to cancel your account. This also applies to spoofing sites and sites with illegal content. If your site receives excessive takedown notices, there may be an additional processing charge.
Before filing your Designated Agent form with the U.S. Copyright Office or using our information on your web site, we will review your site. You must receive our site approval before your service actually begins.
Blue Planet is located in Key West, FL which is 150 miles south of Miami. If someone really wants to show up at our door, they can, but it will not be nearly as easy as showing up at your door in a major U.S. city.
Finally, we are not pushovers. We know the law and do not respond to threats. We will not reveal your contact information to anyone. The only exception, which everyone must follow, is a court order from a court of competent jurisdiction. This would usually mean a U.S. District Court or a court in the State of Florida.
Please visit our main site BluePlanetOffices.com.
Blue Planet Offices, Inc. is a Florida, USA Corporation.
Blue Planet Security Corporation, DMCA1 Division Nationwide Toll Free 1-800-511-9147
Blue Planet Offices, Inc. Main Office Toll Free 1-800-518-1206 or 305-897-2593.