NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
NOTE: THE INFORMATION ON THIS PAGE IS PROVIDED EXCLUSIVELY
FOR NOTIFYING FILESANYWHERE THAT
YOUR
COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS
FOR TECHNICAL ASSISTANCE, REPORTS OF ABUSE, AND ALL OTHER COMPLAINTS OR
QUESTIONS, WILL NOT
RECEIVE A RESPONSE THROUGH THIS PROCESS, AND SHOULD BE DIRECTED INSTEAD
TO THE TECHNICAL SUPPORT DEPARTMENT.
FilesAnywhere.com processes,
investigates, and responds to notifications of alleged infringement in
accordance with the Digital Millennium Copyright Act ("DMCA")
and other applicable intellectual property laws.
Upon
receipt of notices complying or substantially complying with the DMCA,
FilesAnywhere.com will act expeditiously to remove or disable access to
any material claimed to be infringing or claimed to be the subject of
infringing activity and will act expeditiously to remove or disable access
to any reference or link to material or activity that is claimed to be
infringing. FilesAnywhere.com will terminate access for any Members who
are repeat infringers.
Notices
of claimed infringement must be directed in writing to:
Designated Copyright Agent
FilesAnywhere.com
Legal Department
3300 Airport Freeway
Suite 200
Bedford, TX 76021
E-mail: copyright@filesanywhere.com
Fax: 214-445-0344
The words "Notice of Infringement" should be put in the subject
line of all such notifications.
If FilesAnywhere.com removes or disables access to any of the materials
that are claimed to be infringing, FilesAnywhere.com may attempt to contact
the owner such materials in order to give such owner an opportunity to
respond to the notification, although FilesAnywhere.com makes no promise
to do so. Any and all counter notifications submitted by such owner will
be furnished to the complaining party. FilesAnywhere.com will give the
complaining party an opportunity to seek judicial relief in accordance
with the DMCA before FilesAnywhere.com replaces or restores access to
any material as a result of any counter notification.
FilesAnywhere.com will respond to all other notifications of claimed infringement
of intellectual property rights in accordance with applicable laws.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification
of claimed infringement related to any of the FilesAnywhere.com must be
a written communication addressed to the designated agent as set forth
above, and must include substantially all of the following:
- A
physical or electronic signature of the owner (or person authorized to
act on behalf of the owner) of an exclusive right that is allegedly infringed;
- Specific
identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works are covered by a single notification,
a list of each copyrighted work claimed to have been infringed;
- Information
related to the work(s) reasonably sufficient for FilesAnywhere.com to
promptly locate the work (e.g. title of work, URL link location, user
account name, web page where referenced, etc.);
- Information
reasonably sufficient to permit FilesAnywhere.com to directly contact
the complaining party, such as a complete name and address, telephone
number, and an email address;
- A
statement that the complaining party has a good faith belief that use
of the work(s) in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
- A
statement that the information in the notification 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;
and
- A
statement requesting that FilesAnywhere.com take a specific act with respect
to the alleged infringement (e.g., removal, access restriction or disablement).
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Upon
receipt of the written Notification containing the information as outlined
in 1 through 6 above:
- FilesAnywhere
shall remove or disable access to the material that is alleged to be infringing;
- FilesAnywhere
shall forward the written notification to such alleged infringer ("Subscriber");
- FilesAnywhere
shall take reasonable steps to promptly notify the Subscriber that it
has removed or disabled access to the material.
PROCEDURE
FOR COUNTER NOTIFICATION OF CLAIM OF INFRINGEMENT
Any Counter Notification must be a
written communication provided to FilesAnywhere's Designated Agent that includes substantially the following:
- A
physical or electronic signature of the Subscriber;
- 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;
- A
statement under penalty of perjury that the Subscriber has a good faith
belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled;
- The
Subscriber's name, address, and telephone number, and a statement that
the Subscriber consents to the jurisdiction of Federal District Court
for the judicial district in which the address is located, or if the Subscriber's
address is outside of the United States, for any judicial district in
which the FilesAnywhere may be found, and that the Subscriber will accept
service of process from the person who provided notification or an agent
of such person.
Upon
receipt of a Counter Notification containing the information as outlined
in 1 through 4 above:
- FilesAnywhere
shall promptly provide the Complaining Party with a copy of the Counter
Notification;
- FilesAnywhere
shall inform the Complaining Party that it will replace the removed material
or cease disabling access to it within ten (10) business days;
- FilesAnywhere
shall replace the removed material or cease disabling access to the material
within ten (10) to fourteen (14) business days following receipt of the
Counter Notification, provided FilesAnywhere's Designated Agent has not
received notice from the Complaining Party that an action has been filed
seeking a court order to restrain Subscriber from engaging in infringing
activity relating to the material on FilesAnywhere's network or system.
Additional References to United States Copyright
Law Infringement Notification Process
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