WinZip DMCA Policy

WinZip Computing and its web service provider (collectively "WinZip") respect the intellectual property rights of third parties (herein the "Copyright Owner claimant"). The Digital Millennium Copyright Act of 1998 ("DMCA", http://www.copyright.gov/legislation/dmca.pdf) provides Copyright Owner claimants a process to notify WinZip about claims of alleged copyright infringement on a WinZip-hosted website or web service (collectively "WinZip Website" and "Web Service").  WinZip will respond to allegations of copyright violations regarding materials on the WinZip Website and Web Service from Copyright Owner claimants in accordance with the DMCA.

Claimants alleging infringement of copyrighted work, via the below DMCA Notice to the WinZip Designated Copyright Agent, must be the rightful copyright owner (or the third party authorized to act on behalf of the rightful copyright owner) in order to challenge and report the alleged infringement taking place on or through the WinZip Website and/or the Web Service.  Upon receipt of the Copyright Owner claimant's DMCA Notice WinZip will take whatever action it deems appropriate including, but not limited to, removal of the challenged copyrighted content from the WinZip Website, the Web Service, and/or termination of the user's account. WinZip may provide copies of such notices to the participants in the dispute or third parties, in its sole discretion and as required by law.

DMCA Notice of Alleged Infringement ("DMCA Notice")

Copyright Owner claimants must submit a written infringement notification to WinZip with the following information for it to qualify as a valid DMCA Notice to WinZip.

1. Provide the first and last name, mailing address, telephone number, and, if available, email address of the Copyright Owner claimant;
2. Identify the challenged copyrighted content (or if multiple copyrighted works are covered by this DMCA Notice list all of the challenged copyrighted content) that have been allegedly infringed on the WinZip Website or Web Service;
3. Identify all links (and URLs on the WinZip Website or Web Service) to the challenged copyrighted content claimed to be infringed that is to be removed or access to which is to be disabled from the WinZip Website or Web Service in reasonably sufficient detail to permit WinZip to locate the challenged copyrighted content;
4. Include both of the following statements in the body of the DMCA Notice above the Copyright Owner claimant's signature:
   
   "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
   
   "I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury I declare, that I am the copyright owner, or am authorized to act on behalf of the copyright owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
    
5. Copyright Owner claimants must sign the DMCA Notice with their full legal name either by physical signature if sending via postal service, or by physical or electronic signature if sending via email; and
6. Copyright Owner claimants must send the DMCA Notice to:

WinZip will use commercially reasonable efforts to review the Copyright Owner claimant's DMCA Notice as soon as practicable.  If a valid DMCA Notice is received WinZip will promptly remove or block access to such alleged challenged copyrighted content.  Please note that, under the under the Section 512 of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.  Please also be aware that it is WinZip policy to terminate any users who are repeat infringers.

Users May File A Counter-Notice to Copyright Owner Claimant's DMCA Notice
WinZip will notify the WinZip Website or Web Service user that their content has been challenged as allegedly infringing and, under this DMCA process, has been removed or blocked from the WinZip Website or Web Service.  If the WinZip Website or Web Service user serves a valid counter-notification to WinZip then, unless the Copyright Owner claimant files an action seeking a court order against the user, WinZip will restore the content on the WinZip Website or Web Service within 10-14 business days after receipt of the counter-notification.

User's Counter-Notice Form
Users of the WinZip Website or Web Service who believe in good faith that the content the user posted on the WinZip Website or Web Service has been removed or blocked by mistake may file a written counter-notification with WinZip to restore the content.  Please understand that filing a counter-notification may lead to legal proceedings between the user and the Copyright Owner claimant and there may be adverse legal consequences if false or bad faith allegations are made by using this process, so it is suggested that the user seek legal advice before proceeding.  To qualify as a valid counter-notification to WinZip the user must submit a written counter-notification with the following information to WinZip.

1. The user's first and last name, mailing address, telephone number, email address, and the username on the WinZip Website or Web Service account;
2. Identify the specific URL(s) of the content that has been removed or blocked on the WinZip Website or Web Service;
3. Include both of the following statements in the body of the counter-notification above the user's signature:
   
   "I consent to the jurisdiction of the Federal District Court for the district in which I reside, or if my address is outside the United States of America I consent to the jurisdiction of the judicial district in which WinZip is located, and will accept service of process from the Copyright Owner claimant."
   
   "I swear under penalty of perjury, that I have a good faith belief that the content was removed or blocked as a result of a mistake or misidentification of the material to be removed or blocked."
    
4. The user must sign the counter-notification with their full legal name either by physical signature if sending via postal service, or by physical or electronic signature if sending via email; and
5. The user must send the counter-notification to:

WinZip DMCA Policy (2011 August v.1)