DMCA TAKEDOWN POLICY

This Policy provides information regarding how Instapage, Inc. (“Instapage”, “we”, “our”) acts in case of a reported alleged intellectual property infringement.

Statement

We respect the intellectual property rights of others and expect that the users of our platform feel the same way.

Users may not store any material or content on, or access, share, or disseminate any material or content over any of our product or service offerings that in any manner infringe third party intellectual property rights.

We adopt this DMCA Takedown Policy to address the requirements provided under the Digital Millennium Copyright Act of 1998, the text of which may be found on the US Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

How to report intellectual property infringement?

If you believe that a certain landing page or content within our platform infringes your copyright or your trademark rights, please let us know about it by submitting a Takedown Request Form or sending us an IP infringement notice as described below.

Content of DMCA takedown notice

If you want to report a copyright infringement, you need to submit a DMCA takedown notice. This notice has to specify the following:

• A clear description of the copyrighted work infringed;
• Your contact information (such as your name, physical address, email address and telephone number);
• A statement that you have a good faith belief that the use of the content identified in your DMCA notice is not authorized by the copyright owner, its agent, or the law;
• A certification, under penalty of perjury, that the DMCA notice is accurate, signed (either electronically or physically) by the copyright owner or the copyright owner’s legal representative;
• The uniform resource locator (URL) that indicates where the claimed infringing material is located on our platform.

Please note: if your URL link contains the word “project”, then this URL is of a document that is only available in your private pdfFiller account and is not accessible to the public.

Please make sure your DMCA takedown notice satisfies all the requirements listed above. We will only remove content we host in response to DMCA takedown notices that comply with all the requirements provided above.

Content of trademark infringement notice

If you submit a trademark infringement notice, you must provide us with the following clear information:

• The uniform resource locator (URL) indicating the location of the allegedly infringing work;
• Complete information about your trademark (registration number, jurisdiction of registration, trademark owner, etc.);
• Your contact information (name, physical address, email address, and telephone number).

Please make sure your trademark infringement notice satisfies all the requirements listed above. Otherwise, we may be unable to consider or proceed with your notice.

How to submit a takedown notice?

To submit a DMCA takedown notice or trademark infringement notice, please fill out this form:

Take Down Request Form

Alternatively, you can send the DMCA takedown notice or trademark infringement notice by mail, email, or via fax to our designated DMCA agent.

Contact information of our designated DMCA agent:

Instapage, Inc.

17 Station Street, 3rd Floor

Brookline, MA 02445

Attn: Legal Team

Fax: (617) 663-6633

Email: email address

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Repeat Infringer Policy

If a particular DMCA takedown notice or trademark infringement notice that we receive satisfies the requirements specified above and in our opinion warrants removal, we will take all reasonable efforts to remove or disable the infringing materials from our platform.

We will also make a good-faith effort to identify the repeat infringers within our platform. If we determine that a user repeatedly infringes a third party’s intellectual property rights, we reserve the right to suspend or terminate the account of this user on our platform. We also reserve the right to cease providing services to the users whom we believe to be repeat infringers.

For the purposes of this Policy, a repeat infringer is a user of our platform, whom we determined to have infringed the copyright or trademark rights of others 2 or more times.

Once we receive your DMCA takedown or trademark infringement notice, we will review it, determine whether your notice reasonably proves that the page/materials should be removed, and notify you in a timely manner of our decision and further actions.