Portsyde hosts no media, but we take copyright seriously and we answer notices properly. This page explains what we can act on, how to send a notice, how to answer one, and what happens to accounts that infringe repeatedly.
1.What we host, and what we do not
Portsyde is a hosted personal media server. It connects the sources and services a customer already has to the apps they already use. We do not host, store, index, sell, license or distribute media, and media does not pass through our servers: playback runs from the customer's own source to their own device.
That means there is usually nothing on our systems for a takedown to remove. If material you own is reaching someone through a source they connected, the material is with that source, not with us.
2.What we can act on
We will respond to notices about material that we ourselves store. In practice that is a narrow set: account details, the text a customer types into their configuration, and anything else held on our systems at their direction.
We will also act on accounts, rather than files. Where a notice shows that an account is being used to infringe, we can suspend or terminate it under the Acceptable Use Policy even where there is nothing of ours to take down.
3.Sending a notice
If you own a copyright, or are authorised to act for the owner, and you believe material we store infringes it, send us a written notice containing all of the following. These are the elements required by 17 U.S.C. section 512(c)(3), and a notice missing any of them may not be effective.
- Your physical or electronic signature, as the owner or as a person authorised to act for the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work you say has been infringed, or a representative list if there are several at one site.
- Identification of the material you say is infringing and that you want removed or disabled, with enough detail for us to find it — a URL or an account identifier is ideal.
- Your contact details: address, telephone number and email address.
- A statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or are authorised to act on the owner's behalf.
4.Where to send it
Send notices to legal@portsyde.com, or by post to [Portsyde LLC], [Mailing address for legal notices]. This is the contact we have designated to receive copyright notices; email reaches us fastest.
Please send notices only about material we actually store. A notice about a third-party source can only be acted on by that source, and sending it to us costs you time.
5.What we do when a notice arrives
- We acknowledge the notice and check that it contains the elements listed above.
- If it does, and the material is ours to reach, we remove or disable access to it expeditiously.
- We notify the affected customer, pass on a copy of the notice, and tell them how to file a counter-notice.
- We keep a record of the notice for our repeat infringer process.
If a notice is incomplete, we will say what is missing so you can resend it. We do not act on notices that are plainly abusive or that concern material we do not hold.
6.Filing a counter-notice
If your material was removed and you believe that was a mistake or a misidentification, you can send a counter-notice under 17 U.S.C. section 512(g)(3). It must contain:
- Your physical or electronic signature.
- Identification of the material that was removed, and where it appeared before it was removed.
- A statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the district where you live — or, if you are outside the United States, any district in which we may be found — and that you will accept service of process from the person who sent the original notice, or their agent.
Send it to legal@portsyde.com. We will forward it to the person who sent the original notice. If they do not tell us within 10 business days that they have filed a court action, we may restore the material within 10 to 14 business days of receiving your counter-notice.
7.Repeat infringers
We have a repeat infringer policy and we apply it. Accounts that are the subject of repeated, properly made copyright notices will be terminated in appropriate circumstances, and we may decline to open a new account for the same person.
Counter-notices are taken into account: a notice that is successfully answered does not count against an account.
8.False claims
Under 17 U.S.C. section 512(f), anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, can be liable for damages, including costs and legal fees. Both notices and counter-notices are made under penalty of perjury. Please be sure before you send one.
9.Trade marks and other complaints
Complaints about trade marks, defamation, privacy or other rights also go to legal@portsyde.com. Tell us what right you hold, what you say infringes it, and where it is. Other kinds of abuse are handled under the Acceptable Use Policy.
10.Contact
Copyright notices and counter-notices: legal@portsyde.com, or [Portsyde LLC], [Mailing address for legal notices]. For anything unrelated to a rights complaint, email support@portsyde.com instead — it will get there faster. See also the Terms of Service.