DMCA Takedown Policy

Introduction

Upsun provides a Platform-as-a-Service (PaaS) that allows users to deploy, manage, and operate applications and services using our infrastructure. Upsun respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). In accordance with the DMCA,  we have implemented this policy to address claims of copyright infringement related to content hosted or transmitted through our platform. This policy explains how copyright owners can report alleged infringements and how users can respond with a counter-notice if they believe the removal was a mistake or misidentification.

The DMCA is a U.S. law that provides a process for copyright holders to request the removal of infringing content from websites and internet services. It also protects service providers like Upsun from liability when they promptly respond to valid takedown requests and provide users with an opportunity to respond.

Just as we require users to respect others' rights, we respect the rights of users to challenge takedown notices and assert their own lawful use of content (such as through fair use, parody, commentary, or other exceptions).

We believe the DMCA process should balance the rights of creators and users, and we commit to handling takedown and counter-notice claims transparently and fairly.

What Is the DMCA Process?

The DMCA process includes three key parts:

1. A copyright owner (or authorized agent) submits a written takedown notice if they believe their work has been used without permission.

2. The service provider (like Upsun) reviews the request and, if not manifestly abusive disables access to the content or removes it.

3. The affected user has the right to submit a counter-notice if they believe the takedown was made in error or their use is protected by law.

If the copyright owner does not initiate legal action within 10 business days after receiving a counter-notice, the service provider may restore the suspended content.

Our Principles Regarding DMCA Takedowns

 We follow the requirements of the DMCA and comply with complete and not manifestly abusive takedown notices.

We notify users when their content is suspended or removed due to a takedown request.

We give users the opportunity to respond with a counter-notice.

We may share takedown notices and counter-notices publicly for transparency (e.g., via Lumen Database).

We may reject notices that are incomplete, overly broad, or appear to misuse the DMCA process.

How to Submit a DMCA Takedown Notice

If you believe content hosted on upsun.com infringes your copyright, you must submit a notice that includes all of the following:

1. Identification of the copyrighted work you claim has been infringed (or a list).

2. Identification of the allegedly infringing material, including URLs or descriptions to locate it.

3. Your contact information – full name, address, phone number, and email.

4. The following two statements:

•  “I 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.”
• “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner.”

5. Your physical or electronic signature.

Send your complete notice to our designated agent: 

Platform.sh Operations and Security Team
Platform.sh SAS doing business as Upsun
22 rue de Palestro
Paris,  75002 
France
Email: abuse@upsun.com

Information on our designated agent can also be found here : https://dmca.copyright.gov/dmca/search.html 

Please note that incomplete notices may be ignored. 

What Happens After We Receive a Notice?

If the notice is complete and not manifestly abusive, we will remove or disable access to the User’s project containing the identified infringing content.

We will notify the user who posted the content and give them a chance to respond.

If a counter-notification is submitted, and you do not file legal action within 10 business days, we may restore the content.

Submitting a Counter-Notification

If you believe content was removed in error, you may submit a counter-notice including:

1. Identification of the content and its location prior to removal.

2. A statement under penalty of perjury that you believe the removal was a mistake or misidentification.

3. Your full name, address, and phone number, and a statement that you consent to the jurisdiction of the U.S. Federal District Court in your district (or any district where Upsun may be found if outside the U.S.).

4. A statement that you will accept service of process from the original complainant or their agent.

5. Your physical or electronic signature.

Send the counter-notice to the same designated agent listed above.

Repeat Infringer Policy

We may suspend or terminate accounts of users who are repeat infringers, in accordance with the DMCA.

Abuse of the DMCA

The DMCA is a legal process. Submitting false claims or misusing the process can have serious legal consequences, including potential damages and attorney’s fees under 17 U.S.C. § 512(f). Please consider seeking legal advice before submitting a takedown or counter-notice.

Questions?

We’re committed to a fair, lawful, and transparent DMCA process. If you have questions about how it works or how to submit a request, contact us at legal@upsun.com.