DMCA Repeat Infringer Policy
Last Revised: 08/10/2015
It is the policy of BeSocial.com, (“Website”) to voluntarily comply with provisions of the Digital Millennium Copyright Act which affords Website safe harbor for liability related to the alleged copyright infringement by its customers, subscribers, and third party users of its services. Website maintains a log of DMCA Notices received from copyright holders (the “DMCA Log”). Through its DMCA Log and other data, Website engages in a good faith effort to identify customers who may be engaging in repeated acts of copyright infringement.
Pursuant to 17 U.S.C. § 512(i), Website therefore adopts the following Repeat Infringer Policy (“Policy”) with regard to repeat copyright infringers:
- Any customer that engages in “repeat infringement” shall be subject to having any and all accounts known to belong to the repeat infringer terminated, and all content uploaded by the customer deleted, in accordance with this Policy.
- “Repeat infringement” shall be defined as more than eight (8) Separate Final Infringement Notifications from any source within any twelve (12) month period or more than four (4) Separate Final Infringement Notifications from the same copyright holder within any twelve (12) month period.
- “Final Infringement Notification” shall be defined as a valid, compliant DMCA Notice received by Website’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 customer 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 Website’s Designated Agent, via the contact information identified in the 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 customer’s account under this policy shall be subject to an informal customer appeal process, whereby the customer shall be permitted an opportunity to demonstrate good cause why the account should not be terminated. Good cause may include, but is not limited to; mistaken identification, failure to receive or process a DMCA Notice due to excusable neglect, and/or “fair use” of the allegedly infringing materials in accordance with prevailing law. In the event Website is satisfied, in its discretion, that good cause is shown, it may choose not to terminate the customer’s account, but shall be within its rights to do so in accordance with this Policy and the associated terms of service.
- This Policy is subject to revision or amendment at any time in the discretion of Website or based on changes in the law or other circumstances impacting this Policy. A copy of this Policy is available to subscribers, upon request.