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DMCA Notice and Takedown Policy

I. Introduction

Fileswap.com ("Fileswap") implements the following DMCA Notice and Takedown Policy. Fileswap respects the intellectual property rights of third parties, and expects others to do the same. As part of our effort to recognize the copyrights of third parties, Fileswap complies with the U.S. Digital Millennium Copyright Act ("DMCA") and is therefore protected by the limitations on liability recognized by 47 U.S.C. § 512; commonly known as the "safe harbor" provisions of the DMCA. Fileswap's infringement notification procedure, counter notification procedure, and takedown policies, are set forth below.

II. Notice of Claimed Infringement

A. Abuse Warning

The DMCA permits copyright owners, or their authorized agents, to submit notifications to service providers, such as Fileswap, requesting that infringing material hosted on Fileswap's servers be disabled or removed. Importantly, the DMCA imposes significant penalties - including court costs and attorneys fees - on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or was removed by mistake. See; HYPERLINK "http://codes.lp.findlaw.com/uscode/17/5/512" 47 U.S.C. § 512(f). Fileswap will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our Designated Agent identified below.

B. Notification Contents and Procedure

If you believe that your work has been copied, reproduced, altered or published in a way that constitutes copyright infringement under federal law, or your copyrights have been otherwise violated, please submit a DMCA notice to Fileswap's Designated Copyright Agent, containing the following:
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on Fileswap's servers (preferably including specific url's associated with the material);
  4. your full name, 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(s), 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Claimants may send their Notice of Claimed Infringement to:

    David Gucker
    100 Matawan Rd. Suite 420
    Matawan, NJ 07747
    dmca@fileswap.com

Please do not send other inquires or information to our Designated Agent.

III. Take Down Policies and Procedures

Fileswap implements the following Take Down Policies and Procedures. Upon receipt of any notification of claimed copyright infringement, Fileswap will act expeditiously to notify its customer of the alleged infringement, and take steps to disable or remove the subject material. DMCA Notices are generally processed within two (2) business days from receipt, absent extenuating circumstances. Fileswap reserves the right at any time to disable access to, or remove any material or expressive work accessible on or from its servers or services, that is claimed to be infringing via a valid DMCA Notice, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of Fileswap to terminate the account of repeat copyright infringers, when appropriate, and Fileswap will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The procedure for notifying Fileswap of claimed copyright infringement is set forth in Section II(B), hereof. If the DMCA notice does not comply with §512 of the DMCA, but does substantially comply with the (3) three requirements for identifying infringing works according to §512 of the DMCA, Fileswap shall attempt to contact or take other reasonable steps to reach the complaining party to assist that party comply with sending a compliant DMCA Notice. As noted above, when Fileswap's Designated Agent receives a valid notice, Fileswap will act expeditiously to remove and/or disable access to the infringing material and shall notify the affected customer or subscriber. Then, the affected customer or subscriber may submit a counter-notification to the Designated Agent, using the counter notification procedures set forth below. Fileswap reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to this page to stay current on any modifications.

IV. Counter-Notification Procedures

If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed/disabled in accordance with the procedures outlined above in Section III above, the Recipient is permitted to submit a counter-notification pursuant to 47 U.S.C. §512(g)(2) & (3). A counter-notification is the proper method for the Recipient to dispute the improper removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations contained in the counter-notification pursuant to 47 U.S.C. §512(f).

To initiate a counter-notification, the Recipient must submit to Fileswap's Designated 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 Fileswap or the Content before such material was removed and/or disabled (preferably including specific url's associated with the material.)
  3. a statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following language may be utilized:

    "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. a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person's agent.
  5. the Recipient's physical address, telephone number, and email address.

Counter Notifications can be sent to:

    David Gucker
    100 Matawan Rd. Suite 420
    Matawan, NJ 07747
    dmca@fileswap.com

Please do not send other inquires or information to our Designated Agent.

After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward the counter-notification to the original claimant who first provided the Notice identifying the allegedly infringing material.

Within ten to fourteen (10-14) days from Fileswap's receipt of a valid counter-notification, Fileswap will replace or cease disabling access to the disputed material unless Fileswap's Designated Agent receives notification that that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the SITE's system or network.

V. Service Provider Customers of Fileswap

Some of Fileswap's customers are, themselves, "Service Providers" within the meaning of 47 U.S.C. § 512(k)(1). Accordingly, Fileswap requests that any DMCA Notices relating to alleged infringement by third party users, customers or subscribers of Fileswap's Service Provider Customers be submitted directly to the DMCA Agent designated by such customer.

VI. Modifications

Fileswap reserves the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.