DMCA Notice and Takedown Policy
Digital Millennium Copyright Act

Introduction:

This DMCA Takedown Policy is to be used only for reporting infringing content published on TheBenefactor.net. TheBenefactor.net is physically based in the United States, we respect the intellectual property rights of copyright holders and comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act ( DMCA ). 

TheBenefactor.net is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our users. To request assistance with removing infringing material found on TheBenefactor.net, please contact us at the email: [email protected]

How to Submit a Notice of Claimed Infringement

If you believe that your work has been copied and published on Thebenefactor.net in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent ( identified below ) with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest(s).
  
  
• Description of the copyrighted work or other intellectual property that you claim has been infringed upon.
  
  
• A description of where the material that you claim is infringing and locating on the TheBenefactor.net ( preferably including specific URL’s associated with the material ).
  
  
• Your address, telephone number, and email address.
  
  
• 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 by law.
  
  
• A statement by you, made under penalty of perjury, that the above information in your notification 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.

You may send your Notice of Claimed Infringement ( Notice ) to: [email protected] where it will be forwarded to the correct legal authority.

Please do not send other inquiries or information to our Designated Agent. This policy only applies to infringing content published on Thebenefactor.net. To report infringing material on other sites, please contact us at [email protected]. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed. 

Further information regarding notification and takedown requirements can be found in the DMCA, here: http://www.law.cornell.edu/uscode/text/17/512 

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 federal law. See 17 U.S.C. § 512(f). These 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 legal qualifications before submitting a DMCA Notice to our Designated Agent.

Take Down Procedure

TheBenefactor.net executes the following “Notification and Takedown” procedure upon receipt of any notification of claimed copyright infringement.  

• TheBenefactor.net reserves the right at any time to disable access to or remove any material or activity accessible on or from any associated website 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 TheBenefactor.net to terminate the account of repeat copyright infringers, when appropriate, and TheBenefactor.net 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. 
  
  
• TheBenefactor.net 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, TheBenefactor.net shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. 
  
  
• When the Designated Agent receives a valid Notice, TheBenefactor.net 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 ten to fourteen (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.

DMCA Counter-Notification Procedure

If the Recipient of a Notice of Claimed Infringement 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 TheBenefactor.net 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 Site or the content ( as defined within the website’s Terms & Conditions or User Agreement ) 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.

·         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.

You may send your Notice of Claimed Infringement ( Notice ) to: [email protected] where it will be forwarded to the correct legal authority.

All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded. 

Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed. 

After receiving a DMCA counter-notification, our Designated Agent will forward it to TheBenefactor.net. TheBenefactor.net will then provide any 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, TheBenefactor.net will replace or cease disabling access to the disputed material provided that TheBenefactor.net 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 the website’s system or network.   

Modifications
TheBenefactor.net reserves the right to modify, alter, or add to this policy, and all affected persons should regularly check back to stay current on any such changes.

Customer Service Requests
Please note that the Designated Agent is not associated with TheBenefactor.net in any other capacity but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the TheBenefactor.net customer service department.