copyright policy and takedown procedure

[lacadaemon]

Policy
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices.

Please note we do not host copyrighted content on this website. The torrent (metadata) files that we host do not contain data that might be copyrighted in any way. However, we offer a service to remove torrents from the website if the copyright holder of the content requests so.

This website is not subject to United States' Digital Millennium Copyright Act laws but we are using this copyright policy and procedure modeled after the DMCA because we find this takedown process to be operable.

If you represent a copyright holder and email our copyright@ addresses without fully understanding this policy, you accept that any further email from you may be refused by our servers.  If you are not a representative of a law firm and some of the terms contained within this policy are confusing to you, please see this example (click). If our policy is still unclear to you, please contact a law firm that understands the DMCA and/or one of many organizations dedicated to handling your rights online. We would suggest either Web Sheriff or GrayZone as they both are capable of sending emails according to the format specified below. Thank you for your co-operation.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include, removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.

Fees
The fee is $50 USD charged per takedown item in each request regardless of number of requests to cover reasonable administration expenses accounted to work we undertake on our network at your behest. If the list of items for takedown ever exceeds 500 total items in a single request then we will negotiate a bulk rate payment schedule.

Please accompany your first takedown request with a company headed letter in the form of a Purchase Order signed by your Finance Director, Managing Director or appropriate authority. The Purchase Order is to confirm the fee structure, state your company name and address for payment processing, and pledge 15 days NET payment terms for our invoices. Once the general terms of payment are authorised it is not subsequently necessary to send a new authorisation with each takedown request, in short one general Purchase Order suffices for all requests.

Takedown Procedure
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. See Online Policy Group v. Diebold, Inc. (click) for more information. If you are a copyright owner or an agent thereof and believe that any file or other content or link infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) which is incorporated by reference):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

h33t's designated DMCA Copyright Agent to receive notifications of claimed infringement is:

Tracy Bissonnet
Email: copyright@h33t.com

For clarity, only DMCA notices should go to the DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Please allow 1-2 business days for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due to the complaint being not properly filed.

This is a DMCA form you may use as a guide:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

e.g. "The copyrighted work at issue is the text that appears on http://www.site.com/sample_page.html"

or other information sufficient to specify the copyrighted work being infringed

e.g. "The copyrighted work at issue is the Whateva Book by John Smith, published by Publishing Inc, ISBN #01234234234"

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

FOR WEB OR INTERNET SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE OR FILE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.

e.g. suppose you conducted a search on h33t using the query "Whateva Book" and found that the third and fourth results directly link to a web page or file that you believe infringes the copyrighted text you identified in item #1 above. In this case, you would provide the following information:

Search Query:
Whateva Book

Infringing Web Pages/Files:
http://www.site.com/details.php?id=d3f369345jkhg345jhg345jh3633317a
http://www.site.com/details.php?id=c1sad87ad7adf78fggh78eqada8889d

We will not accept links to only search results, as they do not identify any item that may link to material infringing your copyright. You must identify individual items in the search results that you wish us to remove.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

8. If the first time a request is made then include the Purchase Order (see Fee section above).

9. Send the written communication to the following address:

Tracy Bissonnet
Email: copyright@h33t.com

Counter Notification
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf

To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the specific URLs or other unique identifying information of material that h33t has removed or to which h33t has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

4. Sign the paper.

5. Send the written communication to the following address:

Tracy Bissonnet
Email: copyright@h33t.com

Account Termination
Many h33t Services do not have account holders or subscribers. For Services that do, we will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact h33t and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

Credits
This policy is lifted from isohunt with some edits and adjustments, thank you for your pioneering work in this area.