Notice to Copyright Owners

ChaCha Search, Inc. (”ChaCha”) respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe or allegedly infringe the intellectual property rights of others, or ChaCha may refuse to link to sites that contain infringing materials.  Copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to ChaCha if they have a good-faith belief that their protected works are being infringed.  ChaCha will respond to all such notifications that are sent via surface mail, courier, or fax to:

ChaCha Search, Inc.

Attn: Legal Department

14550 Clay Terrace Blvd.

Suite 130

Carmel, Indiana 46032

Fax: 317.660.6687

To be effective, your notification to us must be in writing and include:

  1. A physical signature of the owner of an exclusive right that is allegedly infringed, or of a person authorized to act on behalf of the owner;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of the allegedly infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ChaCha to locate the material;
  4. Information reasonably sufficient to permit ChaCha to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of such notification, ChaCha shall investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material, or remove any links to the allegedly infringing site.  After ChaCha removes or disables access to such material, or ChaCha will take reasonable steps to promptly notify the accused party.  The accused party may then provide the ChaCha designated agent proper “counter-notification” stating his or her authority to post the allegedly infringing material, which ChaCha will forward to the alleged copyright owner or agent who reported the allegedly infringing material.  Please note that if the allegedly infringing material is not located on a webpage that is owned or controlled by ChaCha, a more effective way to seek removal of the allegedly infringing material is by filing a notification with the Internet service provider that hosts the webpage.

An effective counter-notification must be sent via surface mail, courier, or fax to the ChaCha agent designated above.  The counter-notification must be in writing and include the following information:

  1. The party’s name, address, telephone number and, if available, an electronic mail address;
  2. The party’s physical signature;
  3. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
  4. A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  5. A statement that the party consents to the jurisdiction of the United States District Court in his or her district, or if the party resides in a foreign country, that he or she consents to jurisdiction in any United States District Court where ChaCha is subject to jurisdiction, and that the party will accept service of process from the alleged copyright owner who provided ChaCha with notification, or from an agent of such a person.

Upon receipt of an effective counter-notification, ChaCha will provide the alleged copyright owner or agent a copy of the counter-notification and inform the alleged copyright owner or agent that ChaCha will replace the removed material (or cease disabling access to it), or resume linking to the allegedly infringing site, in ten (10) to fourteen (14) business days unless the alleged copyright owner sends a second notification to the ChaCha agent designated above, stating that he or she has filed an action against the alleged infringer.