This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act ("DMCA") for the reporting of alleged copyright infringement. It is the policy of Xubster.com and our services (the "Company") to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.
I. DESIGNATED AGENT
The Company's Designated Agent to receive notification of alleged infringement under the DMCA is:
Upon receipt of proper notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.
II. COMPLAINT NOTICE PROCEDURES FOR COPYRIGHT OWNERS
The following elements must be included in your copyright infringement claim:
1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, 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 infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
4. Information reasonably sufficient to permit the Company to contact the complaining party, such as 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.
6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
III. NOTICE AND TAKEDOWN
Procedure: It is expected that all users of any part of the Company system will comply with applicable copyright laws. However, if the Company receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity provided all such claims have been investigated and determined to be valid by Company in Company's sole and absolute discretion. Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
IV. REPEAT INFRINGERS
Our updated repeat infringer policy will now terminate users after their 2nd strike instead of 3rd strike. Users are responsible for the content they upload and for monitoring the files they have uploaded. If no counter-notificationn is received for any of the 2 strikes assessed, the user will be banned from our site. If we come across information that indicates a previously banned user has returned to our site, we will immediately take action to remove the previously banned user including the use of blocking IP ranges.
When a user is banned from our site:
1. User's account is set to banned status
2. All files uploaded by that user's account is disabled
3. The user's IP address is blocked from accessing our site
V. ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is Company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
VI. DMCA COUNTER-NOTIFICATIONIf your file(s) have been misidentified as infringing, you can submit a counter-notification by following the instructions below. Please note that filing a counter-notification may lead to adverse legal consequences if you do not own all the necessary rights to the file(s) that were removed or disabled.
FILING A DMCA COUNTER-NOTIFICATION
The following elements must be included in your DMCA counter-notification:
1. Identification of the specific URL(s) that Xubster.com removed or disabled access to.
2. Your full name, address, phone number, and a scanned physical or electronic signature.
3. A statement under penalty of perjury that you have a good faith belief that the file(s) removed or disabled were due to a mistake or misidentification..
4. Your consent to local Federal District Court jurisdiction in which your address is located, or if overseas, to an appropriate judicial body, and that you will accept service of process from claimant.
When we receive your DMCA counter-notification, it will be forwarded to the party who submitted the copyright notification, which includes your personal information that you included. By submitting a DMCA counter-notification, you consent to these personal information being revealed. The claimant who filed the copyright notification must notify us within 10 business days that he or she has filed an act seeking a court order to restrain you from engaging in infringing activity in regards to your file(s) on BtaFile that were removed or disabled. If no such notification is received, we may reinstate your file(s).
Please use our email ( firstname.lastname@example.org ) or our Contact Form to send your counter-notification.