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DRAFT. Not in effect.

DMCA / Copyright Policy

Florida Home Network Effective date: [EFFECTIVE DATE] Last updated: [EFFECTIVE DATE]

1. Our policy

We respect intellectual property rights and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. section 512. We may remove or disable access to material and terminate repeat infringers.

2. Designated agent

[DMCA AGENT NAME], Florida Home Network, [OPERATING ENTITY] [ADDRESS] Email: [DMCA EMAIL] (until a domain mailbox exists: richard@richardstephens.net) Phone: [PHONE] U.S. Copyright Office designated agent registration number: [DMCA REG. NO.]

3. Filing a notice

Send a written notice containing:

  1. A physical or electronic signature of the copyright owner or authorized agent.
  2. Identification of the copyrighted work claimed to be infringed (or a representative list if many).
  3. Identification of the material claimed to be infringing and information reasonably sufficient to locate it (URL).
  4. Your contact information (name, address, phone, email).
  5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.

4. Counter-notice

If your material was removed and you believe it was a mistake or misidentification, send a counter-notice with:

  1. Your physical or electronic signature.
  2. Identification of the material removed and where it appeared.
  3. A statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification.
  4. Your name, address, phone, and a statement consenting to the jurisdiction of the federal district court for your address (or, if outside the U.S., any district where we may be found), and that you will accept service from the person who filed the notice.

We will forward it to the complainant and may restore the material in 10 to 14 business days unless the complainant tells us it has filed an action seeking a court order.

5. Misrepresentation

Under 17 U.S.C. section 512(f), anyone who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages.

6. Repeat infringers

We terminate accounts of users and businesses who are repeat infringers in appropriate circumstances (generally after three valid notices in 12 months).

7. Non-copyright complaints

Trademark, privacy and defamation complaints go to [LEGAL EMAIL]. Listing facts go through the Listing Correction policy.

Action item: register the designated agent with the U.S. Copyright Office (online, small fee, renew every 3 years) before launch. Safe harbor depends on it.