Digital Millennium Copyright Act (DMCA) and Copyright Policy
In 1998 U.S. Congress passed the Digital Millennium Copyright Act in order to address digital copyright infringements. xennews.com has registered with the US copyright Office as required by law.
Below you will find information with respect to procedures and policies about copyright infringement that apply to xennews.com.
DMCA Notification: Who?
Copyright owners or agents of copyright owners who believe that any user material posted on our service infringes upon their copyrights may submit a DMCA Notice.
The DMCA only allows the copyright holder or a legally authorized agent of the copyright holder to legally submit DMCA Notices.
You may submit your DMCA Notice to firstname.lastname@example.org.
DMCA Notification: Requirements?
The required elements of a DMCA Notice are:
- (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. Please also mention the entity name, full name, physical address, email address and telephone number of the person or entity submitting the DMCA Notice where the authorized individual can be contacted.
- (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. A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our service by providing Message-IDs for all claims the DMCA Notice is requesting a take down.
- (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. A clearly stated relationship to the copyright holder (or authorized agent).
- (v) A statement that ‘the information in the notification is accurate’, and under penalty of perjury, that ‘you are the copyright holder, or authorized to act on behalf of the copyright holder of an exclusive right that is allegedly infringed’.
- (vi) A statement that you have a ‘good faith belief that use of the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.’
- While not legally required by the DMCA, including “copyright violation” in the subject line of your email will flag your DMCA Notice and bypass spam categorization.
- Submit the Notice to email@example.com, the email address we have registered with the Copyright office pursuant to Section 512(c) of the Copyright Act.
We will review and address all DMCA notices that substantially comply with the requirements identified above. If your DMCA notice fails to substantially comply with all of these requirements, we may not be able respond to your DMCA notice.
We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. Please also be advised that, in appropriate circumstances, we will terminate the accounts of users/subscribers who repeatedly misidentify copyrighted material.
DMCA Notification: Follow Up?
Once we have proper identification of the infringing material through the Message-IDs, and a well formed DMCA Notice, we will make all identified infringing material forthwith unavailable. We will analyze each article to determine if it was posted by a xennews.com customer, and if it was so posted we will initiate our “Ban Policy” for that customer. We will reply via email to your DMCA Notice informing you that we have made unavailable the materials that you have identified.
DMCA Notification: Post Policy
The DMCA requires that we maintain “a policy that provides for the termination in appropriate circumstances of subscribers and account holders of system or network who are repeat infringers”. The DMCA does not provide for a definition of “repeat”. xennews.com has safely defined “repeat infringers” to be the minimum value possible, which means two incidents.
After verifying that a DMCA Notice has been valid for infringing materials that were posted by a xennews.com subscriber, we will contact that subscriber. A copy of our “Warning: Copyright Infringement Notification” will be send by email to that subscriber and all posting privileges will be postponed for that subscriber.
Posting privileges for that subscriber might be restored after the subscriber has confirmed that future infringements will not occur again. When a second DMCA Notice is received for an infringing article posted after the clear affirmation is received, we will, at the sole discretion of xennews.com, terminate the account or place a ban on posting from the account.
DMCA Notification: Termination
It is our policy, in what we deem in our sole discretion to be appropriate circumstances, to disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe the copyrights or other intellectual property rights of others or of xennews.com.
Designated Copyright Agent Contact Information
Notices with respect to this web site should be sent to:
Legal name and address: RSP Sales LLC
Names doing business under: xennews.com
Designated Agent: ATTN: Steven B. Fox
Address of Agent: 969 Street Road Southampton, PA 18966 U.S.A.
The Designated Copyright Agent should be contacted only about notices regarding alleged copyright. Any other feedback, comments, requests for technical support, and other communications should be directed to customer service: firstname.lastname@example.org