McAfee Sites Digital Millennium Copyright Act (DMCA) Notice & Procedure
THIS NOTICE AND PROCEDURE IS EXCLUSIVELY FOR CLAIMING COPYRIGHT INFRINGEMENT REGARDING YOUR MATERIAL(S) THAT APPEAR ON THE MCAFEE SITES, IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). Any other type of request (for example, to claim infringement of third-party materials not belonging to you, report email abuse, provide notice of legal action, etc.) will not receive a response through this process.
Procedure: McAfee LLC (“McAfee”) does not condone posting of copyrighted material belonging to third parties on the McAfee websites (“McAfee Sites”), and will respond to alleged violations in accordance with procedures allowed by the Digital Millennium Copyright Act (“DMCA”) outlined below:
- Upon receipt of a valid and complete request by a “Disputing Party” to remove alleged copyright-infringing material from the McAfee Sites (a “Take Down Notice”), McAfee will remove or disable access to the specified content.
- McAfee will take reasonable steps to notify the user who posted the content (“User”), so the User may dispute the Take Down Notice.
- Upon receipt of a notice that the User is disputing the Take Down Notice for the content they contributed to a McAfee Site, McAfee may take steps to restore the content at its discretion.
- McAfee will refrain from reposting the disputed material if it receives adequate notice from the Disputing Party that legal action has been filed with a court of law to restrain reposting of the disputed material. McAfee will not consider restoring the disputed material until such action has been resolved by the parties.
Designated Agent: The Disputing Party and User should send the required information to McAfee's designated agent at the address below:
McAfee Copyright Agent
McAfee Legal Department
5000 Headquarters Drive
Plano, TX 75074
Notification: The Disputing Party’s Take Down Notice must include the following required information:
- A description of work or material the Disputing Party is claiming to be infringed. Please note that if the Disputing Party is not the owner of material, the Disputing Party must include a signed representation that they are authorized to act on behalf of the copyright owner;
- The web page(s) (i.e., the Uniform Resource Locator, or “URL”) of the McAfee Sites where the allegedly infringing material is posted;
- The Disputing Party’s accurate contact information, including legal name (no nicknames, screen names, or other aliases), a valid physical address, email address, and telephone number;
- A statement of good-faith belief by the Disputing Party that the use of the disputed material is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by the Disputing Party, made under penalty of perjury, that the information in the Take Down Notice is accurate and that the Disputing Party is either the copyright owner or the agent authorized to act on behalf of the copyright owner.
Counter Notification: The User’s counter notification must be a written communication provided to the McAfee Designated Agent and must include the following:
- The written signature (or electronic signature if by email) of the User;
- Identification of the disputed material that was removed (or access disabled), and the URL (web page) where the disputed material was located on the McAfee Sites;
- A written and signed statement under penalty of perjury of the User’s good-faith belief that the disputed material was removed (or access disabled) as a result of mistake or misidentification of the material to be removed or disabled;
- The User's legal name (no nicknames, screen names, or other aliases), a valid physical address, email address, telephone number, and a statement giving agreement and consent to (a) the jurisdiction of Federal District Court for their physical address (or the judicial district for their service provider if the user’s physical address is outside of the United States), and (b) accept service of process from the Disputing Party or their agent.
Upon receipt of a complete Counter Notification, McAfee will provide the Disputing Party with a copy of the Counter Notification and notice that the disputed material will be replaced, or access restored, in ten to fourteen (10–14) business days; unless McAfee’s Designated Agent receives adequate notice that a restraining order has been filed by the Disputing Party to prevent restoration of the disputed material onto the McAfee Sites.
Account Termination: McAfee may, in appropriate circumstances and at its discretion, terminate a User’s ability to submit content to any and all McAfee Sites if he or she is a repeat infringer. If the Disputing Party believes a User is a repeat infringer of their copyrighted material, he or she should follow the instructions above with sufficient detail for McAfee to verify that the User is a repeat infringer.