Digital Millennium Copyright Act Notice and Takedown Procedure

FileServe intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "take down" provisions, and to benefit from the safe harbors immunizing FileServe from liability to the fullest extent of the law. FileServe reserves the right to terminate the account of any Member who infringes upon the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.

Included below are the processes and procedures that FileServe will follow to resolve any claims of intellectual property violations:

A) Notice for Claims of Intellectual Property Violations.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide FileServe's Copyright Agent with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner (the "Complainant") of the copyright or other intellectual property interest that has allegedly been infringed;
• A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;
• A description of where the infringing material or activity that the Complainant is located on the Site, with enough detail that we may find it on the Site (e.g., direct file URL);
• The name, address, telephone number and email address of the Complainant;
• A statement by the Complainant that upon a good faith belief the disputed use of the material or activity is not authorized by the copyright or intellectual property owner, its agent or the law; and
• A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.

FileServe's Copyright Agent for Notice can be reached as follows:

By E-Mail: [email protected]
By Mail: Suite 101, Orion Mall, Palm Street, Victoria, Mahe, Seychelles

B) FileServe's Response to Notice.

Upon receipt of a valid Notice, FileServe will take the following steps:

1. Promptly remove or disable access to the material or activity claiming to be infringing;
2. Notify the Member responsible for posting the alleged infringement that the material has been removed; and
3. Provide the Member with a Counter Notification Form outlining the steps they are required to follow if they wish to respond.

C) Counter Notification Form.

If a Member wishes to dispute the removal, they must provide the Copyright Agent with:

• An electronic or physical signature of the Member;
• A description of the material that was removed and the location where it appeared;
• A statement by the Member, under penalty of perjury, of a good faith belief that the material was removed as a result of mistake or misidentification;
• The Member's contact info and a statement consenting to the jurisdiction of the court for the judicial district in which the Member's residence is located.

D) Response to Counter Notification.

Upon receipt of a Counter Notification, FileServe will provide the Complainant with a copy of the form and inform them that the material will be replaced in 10 to 14 business days unless the Complainant files an action seeking a court order to restrain the Member from infringing activity.

In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances, Members who are deemed to be repeat copyright infringers.