TAKEDOWN AND NOTIFICATION PROCEDURES

 

 

1st Amendment Domain Revenue Recovery Services, Inc. respects the rights of others and expects the users and members of this Website to do the same. 1st Amendment Domain Revenue Recovery Services, Inc. will respond promptly to any claims of alleged infringement or unlawful activity or violations of our Terms and Conditions of Use and/or Privacy Policy.

 

Notice of Claimed Copyright Infringement

 

If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report the alleged copyright infringement taking place through the Website by forwarding a Notice of Alleged Infringement (the “Notice”) complying with the terms below.

 

Please note that upon receipt of such a Notice, 1st Amendment Domain Revenue Recovery Services, Inc. will take whatever action it deems appropriate in its sole discretion. Such actions could include removal of the challenged use from the Website, notification to the appropriate authorities and/or if posted by a registered member of this Website, termination of the subject registered member’s account, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses.

 

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (identified below) with the following information:

 

(1)   an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

 

(2)   description of the copyrighted work that you claim has been infringed;

 

(3)   a description of where the material that you claim is infringing is located on the Website (preferably by including the specific URL(s) associated with the material);

 

(4)   your full name, physical address, telephone number, and email address;

 

(5)   a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

 

(6)   a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

The Notice containing complying with the above terms should be sent to: <insert contact and email address> 1st Amendment Domain Revenue Recovery Services, Inc. reserves the right to comply or refuse to comply with deficient Notices at its sole discretion.

 

1st Amendment Domain Revenue Recovery Services, Inc. will act expeditiously to remove access to all material that infringes on another’s copyright. When 1st Amendment Domain Revenue Recovery Services, Inc. receives a valid Notice complying with the terms set forth above, 1st Amendment Domain Revenue Recovery Services, Inc. will expeditiously remove and/or disable access to the infringing material and shall notify the affected registered member. It is 1st Amendment Domain Revenue Recovery Services, Inc.’s firm policy to terminate the account of repeat copyright infringers, when appropriate and at its sole discretion.

 

If you have received a Notice of Alleged Infringement and your content or materials have been removed from the Website pursuant to such Notice, and you believe the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, you are permitted to submit a counter-notification (the “Counter-Notification”). A Counter-Notification is the proper method for you to dispute the removal or disabling of material pursuant to a Notice. The information that you provide in the Counter-Notification must be accurate and truthful. You will be liable for any misrepresentations which may cause any claims to be brought against 1st Amendment Domain Revenue Recovery Services, Inc. relating to the actions taken in response to the Counter-Notification.

 

To submit a Counter-Notification, please forward to our copyright agent the following information:

 

(1)   a specific description of the material that was removed or disabled pursuant to the Notice;

 

(2)   a description of where the material was located within the Website or the Content before such material was removed and/or disabled (preferably including the URL(s) for the material);

 

(3)   the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”

 

(4)   your full name, physical address, telephone number, and email address; and

 

(5)   a statement that you consent to the jurisdiction of the Federal District Court in and for the judicial district where you are located, or if you are outside of the United States, for any judicial district in which 1st Amendment Domain Revenue Recovery Services, Inc. may be found, and that you will accept service of process from the person who submitted the Notice, or that person’s agent.

 

 

Written notification containing the above information must be signed and sent to:

<insert contact and email address> 

 

After receiving a Counter-Notification adhering to the above terms, 1st Amendment Domain Revenue Recovery Services, Inc. will then forward the Counter-Notification in its entirety to the original claimant who first sent the Notice identifying the allegedly infringing content.

 

Thereafter, within ten to fourteen (10-14) days of 1st Amendment Domain Revenue Recovery Services, Inc.’s receipt of your Counter-Notification, 1st Amendment Domain Revenue Recovery Services, Inc. will replace or cease disabling access to the disputed material provided that 1st Amendment Domain Revenue Recovery Services, Inc. has not received notice that the original claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website’s system or network.

 

Please note that abusing the Notice and Takedown Procedures set forth above, or misrepresenting facts in a Notice of Alleged Infringement or Counter-Notification, can result in legal liability for damages, court costs and attorneys fees under federal law.

 

Notification of Violation of Terms and Conditions of Use and/or Privacy

Policy or Unlawful Activity or Other Abuse by a Registered Member

 

1st Amendment Domain Revenue Recovery Services, Inc. does not condone or tolerate any activity by a user of this Website that is in violation of the Terms and Conditions of Use or Privacy Policy of this Website or that is in violation of state or federal law, or that is in violation of another party’s rights, including trademark rights, or that is otherwise unlawful or abusive. Should 1st Amendment Domain Revenue Recovery Services, Inc. become aware of such activity, 1st Amendment Domain Revenue Recovery Services, Inc. will take whatever action it deems appropriate in its sole discretion. Such actions could include, but are not limited to removal of the challenged use from the Website, notification to the appropriate authorities, and/or termination of the subject registered member’s account, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses. It is 1st Amendment Domain Revenue Recovery Services, Inc.’s firm policy to terminate the registered member account of repeat abusers and/or infringers, when appropriate and at its sole discretion.

 

If you would like to notify 1st Amendment Domain Revenue Recovery Services, Inc. of activity occurring through this Website which violates the Terms and Conditions of Use or Privacy Policy of this Website or state or federal law, or any activity that is otherwise unlawful or abusive, please identify the following information in a communication to 1st Amendment Domain Revenue Recovery Services, Inc.: (1) the source of the activity (preferably by including the URL(s) linking to such activity) and manner of violation; (2) your full contact information, including full name, physical address, telephone number and e-mail address; and (3) if the notification is based on a right or property you own, a description of the right or property which you believe is being infringed by said activity. Please submit your notification to <insert contact and email address>

 

Modifications to Policy

 

1st Amendment Domain Revenue Recovery Services, Inc. reserves the right to modify, alter or add to this policy, and all users and registered members should regularly check back regularly to stay current on any such changes.

 

Communications Content

 

Please note that by submitting a Notice of Alleged Infringement or a Counter-Notification or any other communication to 1st Amendment Domain Revenue Recovery Services, Inc., you grant to 1st Amendment Domain Revenue Recovery Services, Inc. and its affiliates the right to use, reproduce, modify, adapt, publish and/or display the content of such communications throughout the world in any media. This includes, without limitation, forwarding the Notice to the parties involved in the provision of the allegedly infringing or unlawful content, or any appropriate law enforcement authority. Please note that when we forward any such communication, it includes your personal information. By submitting any such communication, you consent to having your information revealed in this way. You hereby agree to indemnify 1st Amendment Domain Revenue Recovery Services, Inc. and its affiliates for all claims brought by third parties against 1st Amendment Domain Revenue Recovery Services, Inc. or its affiliates arising out of or in connection with the submission of any such communication.