Digital Millennium Copyright Act Policy (Notice & Takedown)
Effective date: August 15th, 2022
Last modified: July 27th, 2020
Although Our site is not based in the United States, we respect the intellectual property rights of copyright holders, and thus voluntarily comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”). We do not permit copyright infringing activities or infringement of intellectual property rights on Our Site, and will promptly and without prior notice remove all content if properly notified of infringements on third party’s intellectual property rights. Repeat infringers will have their access and/or privileges terminated.
Our website (“site”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. §512(k)(1) of the Digital Millennium Copyright Act of 1998 (“DMCA”). Consequently, it is entitled to a certain protection against claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions.
We have also registered a specific DMCA Agent, the information for which is provided below.
Notice of Claimed Infringement
We take claims of copyright infringement very seriously and respond to notices regarding such matters expeditiously. If you are a copyright owner, or authorized to act on behalf of a copyright owner, you may report claims of copyright infringement to us, by sending a DMCA Notice of Alleged Infringement, containing the following:
- Identification, including a description, of the copyrighted work you are claiming has been infringed. If you are claiming infringement of multiple works, you may provide a representative list.
- The location of the allegedly infringing material, including identification of URL where the allegedly infringing material is accessible or the exact location where the infringing material can be found.
- Your company affiliation, if applicable, your mailing address, telephone number, and email address.
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf.
- Your full legal name and your electronic or physical signature.
This notice can be sent either to e-mail: firstname.lastname@example.org or send to:
Incorporate Now Inc
512 Lucerne Ave
Lake Worth, FL 33460
Phone: (800) 371-1217
Fax: (800) 371-0235
*Please do not send other inquiries or information to our Designated Agent.
1. Take Down Procedure
Our site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. Our site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of our site to terminate the account of repeat copyright infringers, should such an account exist, when appropriate, and our site 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”. Our site’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, our site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, our site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user.
Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. Our site reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
2. Abuse Notification
Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under U.S. federal law. See; 17 U.S.C. §512(f). This Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent.
3. Counter-Notice Procedure:
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 in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the 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 which may cause any claims to be brought against our site relating to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide Our Designated Copyright agent the following information:
- a specific description of the material that was removed or disabled pursuant to the Notice;
- a description of where the material was located within the our site or the content before such material was removed and/or disabled (preferably including specific url’s associated with the material);
- a statement reflecting the Recipient’s belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used: “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.”
- the Recipient’s physical address, telephone number, and email address; and,
- 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.
Written notification containing the above information must be signed and sent to:
6750 N. Andrews Ave., Suite 200
Fort Lauderdale, FL 33309
Fax: (800) 371-0235
4. 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 it to Us, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.
Thereafter, within ten to fourteen (10-14) days of our receipt of a counter-notification, We will replace or cease disabling access to the disputed material provided that we or our Designated Copyright Agent have not received notice 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 our site’s system or network.
5. Repeat Infringers:
It is our policy to terminate access to our Website and revoke privileges of any person who we determine to be a "repeat infringer." Repeat infringement shall be determined in our sole and exclusive discretion but will include any individual who has been the subject of more than one copyright infringement notice.
Nothing in this policy waives any other right we may have to pursue copyright infringers or any other individual who uses our Website to violate the intellectual property rights of others. We will not indemnify any alleged infringer in any manner.
6. Service Provider Customers or Users
In the event that the alleged infringer identified in an intended DMCA Notice is, itself, operating as a “Service Provider” within the meaning of 17 U.S.C. §512(k)(1), our site requests that any such DMCA Notices relating to alleged infringement by third party users, customers or subscribers of such service providers be submitted directly to the DMCA Agent designated by the service provider instead of our site.
7. Modifications to this Policy
Our site reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back regularly to stay current on any such changes.
8. Customer Service Requests
Please note that the DMCA Agent is not associated with our site in any other capacity. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to our site’s customer service department.