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Policy and Procedure for Making Claims of Copyright Infringement Under the United States Digital Millennium Copyright Act (DMCA)
Notice of Claimed Copyright Infringement Directed to our Designated Agent
However, if FDRS receives proper notification of a claimed copyright infringement, our response to these notices will include removing or disabling access to the content claimed to be infringing and/or terminating the user who posted that content, regardless of whether we may be liable for such infringement under U.S. law or the laws of another jurisdiction. It is FDRS’ policy expeditiously to respond to clear notices of alleged copyright infringement that comply with the United States DMCA.
This page is designed to make submitting notices of alleged copyright infringement as straightforward as possible and sets forth the procedure for submitting a notice of alleged copyright infringement directed to our Designated Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please submit a notice to our Designated Agent.
If we remove or disable access to content, and/or terminating the user who posted that content, in response to such a notice, we will make a good-faith attempt to contact the user who posted the affected content, or the owner or administrator of the affected site or content, so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
FDRS’s Designated Agent to receive notification of alleged infringement under the DMCA is: Cheyenne BrinsonContact Us to report any infringement.
Upon receipt of proper notification of claimed infringement, FDRS will follow the procedures outlined herein and in the DMCA.
Please provide FDRS’ Designated listed above with the following information in a written communication:
1. Identification of the copyrighted work claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
2. 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 FDRS to locate the material;
3. Information reasonably sufficient to permit FDRS to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have 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";
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide FDRS’s Designated Agent listed above with the following information in a written communication:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, and telephone number;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your signature, in physical or electronic form.
Upon receipt of such counter notification, FDRS will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that FDRS will replace the removed material or cease disabling access to it in 10 business days. FDRS will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, if we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.