DMCA Policy

1. Our Policy

SOSBusinessSearch.org publishes original editorial guides to U.S. Secretary of State business entity search portals. We write our own content, link to public-sector sources, and use third-party material only where we have permission or where the use is permitted by law (for example, fair use under 17 U.S.C. §107). We don’t knowingly host infringing content. When we are notified of a credible claim of infringement, we act promptly under the procedure set out below.

2. What the DMCA Is

The Digital Millennium Copyright Act (DMCA), enacted in 1998 and codified at 17 U.S.C. §512, sets out the framework for online intermediary liability for copyright infringement in the United States. It establishes a notice-and-takedown system that allows copyright owners to ask online services to remove infringing material, with corresponding protections (a “safe harbor”) for services that follow the procedure in good faith.

Key references:

• 17 U.S.C. §512 (full text): law.cornell.edu/uscode/text/17/512
• U.S. Copyright Office: copyright.gov
• Designated agent registration directory: copyright.gov/dmca-directory

3. How to Submit a DMCA Takedown Notice

If you believe content on sosbusiness-search.org/ infringes your copyright, send a written takedown notice to:

Email is the fastest method and the one we encourage. If you need to send a postal address for legal-service reasons, contact us first at the address above and we’ll provide one.

4. The Six Required Elements (17 U.S.C. §512(c)(3))

For a notice to qualify as a valid DMCA notification, it must include all six elements specified by §512(c)(3). Incomplete notices may not trigger our removal obligation under the safe harbor. Please include each item:

1. Identification of the copyrighted work claimed to have been infringed. If multiple works are involved on the same site, a representative list is acceptable.
2. Identification of the infringing material and its location. The specific URL on sosbusiness-search.org/ where the allegedly infringing material is located. Generic references aren't enough — we need the URL of the specific page.
3. Your contact information. Full legal name, mailing address, telephone number, and email address. If you are submitting on behalf of a company or rights holder, identify the entity and your authority to act on its behalf.
4. Statement of good faith. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. Statement of accuracy and authority, under penalty of perjury. A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
6. Physical or electronic signature. A signature of the copyright owner or person authorized to act on the owner’s behalf. A typed name in an email is acceptable as an electronic signature for these purposes.

5. What Happens After You Submit a Notice

1. We acknowledge receipt within five business days, confirming the URL(s) you have flagged.
2. We review the notice for completeness against the six §512(c)(3) elements above. If anything is missing, we ask you for the missing information before proceeding.
3. If the notice is complete and credible, we promptly remove or disable access to the identified material consistent with §512(c)(1)(C). Removal is a procedural step under the DMCA — it does not constitute an admission that the material is infringing.
4. We notify the user or contributor who was responsible for the material, if any, and provide them with a copy of the notice (with personal contact details redacted where appropriate).
5. The user may file a counter-notice. If they do, the procedure in Section 6 applies.

6. Counter-Notice Procedure (§512(g))

If material you submitted to sosbusiness-search.org/ has been removed or disabled in response to a DMCA takedown notice and you believe the removal was the result of mistake or misidentification, you may file a counter-notice under 17 U.S.C. §512(g)(3). After we receive a valid counter-notice, we forward it to the original complainant. Under §512(g)(2)(C), the original complainant has 10 to 14 business days from forwarding to file a court action seeking a restraining order against the alleged infringer. If we don’t receive notice of such an action within that window, we may restore the material at our discretion.

7. Required Elements of a Counter-Notice (§512(g)(3))

1. Identification of the material. Specify the material that has been removed or disabled and the location at which it appeared before it was removed.
2. Statement under penalty of perjury. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
3. Your contact information. Full legal name, mailing address, and telephone number.
4. Consent to jurisdiction. A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the original takedown notice or that person’s agent.
5. Physical or electronic signature. A signature.

Send counter-notices to the same address as takedown notices, with subject line “DMCA counter-notice.”

8. Repeat Infringer Policy (§512(i))

Consistent with 17 U.S.C. §512(i), we maintain and enforce a policy of terminating, in appropriate circumstances, the access of users who are determined to be repeat infringers. The determination is made by the editorial team based on the totality of credible takedown notices, the validity of any counter-notices, the nature of the material, and the user’s overall conduct on the site.

9. Trademark Complaints — Separate Channel

The DMCA covers copyright. Trademark concerns are governed by federal trademark law (the Lanham Act, 15 U.S.C. §§1051 et seq.) and state law, not the DMCA. If you believe a trademark you own is being infringed by content on sosbusiness-search.org/, send a separate complaint:

For context — state names and Secretary of State agency names belong to the relevant state. We use those names to identify the agency each page covers; we don’t reproduce official seals or claim sponsorship. Our broader position is in the Disclaimer.

10. Defamation and Other Accuracy Complaints

If you believe content on the site is factually inaccurate or defamatory under applicable state defamation law, please use the Contact page with the subject line “Correction.” We treat all credible accuracy complaints as a priority queue and respond within seven business days. The DMCA process on this page applies only to copyright; it is not the right channel for defamation, harassment, or general accuracy complaints.

11. Misuse of the DMCA Process — §512(f)

12. Contact

• DMCA takedown: info@sosbusiness-search.org — subject line “DMCA takedown notice”
• DMCA counter-notice: info@sosbusiness-search.org — subject line “DMCA counter-notice”
• Trademark complaint: info@sosbusiness-search.org — subject line “Trademark complaint”
• Accuracy / corrections: see the Contact page

We acknowledge receipt of formal copyright correspondence within five business days. Substantive response time depends on the complexity of the matter, but we aim to act on complete and credible takedown notices promptly to maintain the §512 safe harbor.