Intrepid Web Services, LLC DMCA Repeat Infringer Policy
Effective Date: July 6, 2015
It is the policy of Intrepid Web Services, LLC ("the Company") to comply with provisions of the Digital Millennium Copyright Act ("DMCA"), which afford the Company safe harbor for liability related to the alleged copyright infringement of the users of its website. The Company, through its Designated Agent, maintains a log of DMCA Notices received from copyright holders (the "DMCA Log"). Through its DMCA Log and other data, the Company engages in a good faith effort to identify users or account holders who may be engaging in repeated copyright infringement.
Pursuant to 17 U.S.C. § 512(i), the Company therefore adopts the following Repeat Infringer Policy ("Policy") with regard to repeat copyright infringers:
- Any user that engages in "repeat infringement" shall be subject to having any and all accounts known to belong to the repeat infringer suspended and all content uploaded by the user deleted, in accordance with this policy.
- "Repeat infringement" shall be defined as more than three (3) separate Final Infringement Notifications from any source, within a single year.
- "Final Infringement Notification" shall be defined as a valid, compliant DMCA Notice received by the Company's Designated Agent, identifying one or more infringing files or material, and which results in the removal or disabling of the identified infringing material (or any part of it), or which results in a Final Judgment of copyright infringement against the user responsible for the content at issue after a counter-notification and subsequent lawsuit. Final Infringement Notifications identifying one or more allegedly infringing files shall be treated as a single Notification, for purposes of calculating "repeat infringement" hereunder. DMCA Notifications that result in a counter-notification but no subsequent judgment of infringement shall not constitute a "Final Infringement Notification" for purposes of this Policy.
- A "valid, compliant DMCA Notice" shall be defined as a notification sent to the Company's Designated Agent via the contact information identified in the relevant website's Notice and Takedown Policy, which substantially complies with the elements set forth in 17 U.S.C. § 512(c)(3).
- "Separate" shall be defined as an individual written communication, transmitted on a different calendar day from any other infringement notification included in the repeat infringement calculation hereunder.
- Termination of a user's account under this Policy shall be subject to an informal appeal process, whereby the user shall be entitled to show good cause why the account should not be suspended. In the event is satisfied, in its discretion, that good cause is shown, it may choose not to terminate the user's account, but shall be within its rights to do so in accordance with this Policy and the associated terms of service. Uniform standards and criteria will be utilized in resolving any informal appeal.
- Notwithstanding the above, if the Company receives more than six (6) Final Infringement Notifications from a single copyright holder within a single year, termination of the user's account shall not be subject to the informal appeal procedure, and shall ordinarily be canceled without further notice.
- This Policy is subject to revision or amendment at any time in the discretion of the Company or based on changes in the law or other circumstances impacting this Policy. A copy of this Policy is available to users upon request.