DMCA / Copyright infringement policy

The Digital Millennium Copyright Act (DMCA), and specifically the provisions located at Title 17 U.S. Code § 512, set forth the steps an online service provider such as CyberFurz LLC must follow in the event of copyright infringement on their servers.

We believe that the DMCA takedown process is a powerful tool that can help copyright holders protect their intellectual property from being exploited. We also believe that the DMCA takedown process is a powerful tool that is frequently misused to force a chilling effect on legitimate and legal speech. Our enforcement policy is an attempt to prevent the worst abuses of this process, while still upholding our legal obligations and protecting copyright holders from the misuse of their intellectual property.

None of this material should be construed as legal advice. We cannot advise you on how to protect your rights online, either your rights as a copyright holder or your rights as someone accused of copyright infringement. If you are in need of legal advice, contact a lawyer who is licensed to practice in your jurisdiction.

---

Notification of copyright infringement

If you believe that someone on our services has violated your copyright, you may send us a Notification of Copyright Infringement. For us to process such a notification, it must substantially comply with the requirements set forth in United States law.

To speed our handling of your notification, please make sure it complies with the following criteria:

• Notifications may be submitted to CyberFurz LLC’s Registered Agent in one of two ways. You may send it by email to dmca@cyberfurz.org, or you may send it via physical mail to 1108 East Main St, Ste 906 #3268, Richmond, Virginia 23219, United States. We prefer to receive notification by email for expedited processing.
• Notifications must be signed by the copyright holder or their designated agent.
  • Signatures may be a physical signature or a digital signature. A digital signature may be a digital representation of a physical signature, or an electronically signed document (such as DocuSign).
• Notifications must specifically identify the copyrighted work being infringed upon.
  • For instance, if the work is a published book, provide the title, author, and ISBN; if the work is a magazine article, provide the title, author, magazine name, and magazine issue; if the work is available on the Internet, provide the URL of the work.
• Notifications must specifically include the URL where the work is being infringed upon CyberFurz LLC’s servers.
  • For us to be able to reasonably identify the material, you must provide us with the complete URL, not a link to the user’s profile, unless the infringing content is part of the user’s profile. For instance, instead of https://cyberfurz.social/@infringinguser, provide https://cyberfurz.social/@infringinguser/1234567 (a link to the post).
• Notifications must include sufficient information for us to contact you, including your address, telephone number, and email address.
• Notifications must contain a statement that you have a good faith belief that the user of the material in this manner is not authorized by the copyright owner, their agent, or the law.
• Notifications must contain 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 the copyright that is allegedly being infringed.

Notifications will be forwarded, in their entirety, to the owner of the account posting the allegedly-infringing content. We also reserve the right to make copies, with personal information redacted, available to publicly or to third-parties, such as the Lumen Database, as we see fit, for the purposes of academic study, legal review, and public transparency.

Takedown process

When we receive a properly-formatted notice of copyright infringement, we will forward it to the account owner via email and will disable access to the allegedly infringing media. Where it is not possible to takedown the media, such as text-only posts, we may delete the post as our only remaining option.

If you receive a notice from us, you have one of three choices:

1. You can accept the allegation of infringement, and state that you will not restore the content, file a counter-notification, or make further infringement upon the work in the future. If you do not reply to any of our contact about alleged infringement within 10 business days, we must assume you have chosen this option.
2. You can state that you do not accept the allegation of infringement, but do not want to file a counter-notification or have us restore access to the allegedly-infringing content. No further action will be taken against your account and it will not count forwards your ‘repeat offender’ status.
3. You can state that you do not accept the allegation of infringement, and let us know that you want to file a counter-notification under the providers of law. If you choose to do this, see the section below. This will not count against you for determination of ‘repeat offender’ status.

If you have received a notice of alleged infringement, you may not re-upload or re-post the allegedly-infringing material, unless you have gone through the counter-notification process.

This applies whether you have deleted the material yourself, or you have chosen to allow us to disable access to the material.

If you do re-upload or re-post the material, we will be forced to freeze or suspend your account.

If you fail to respond within 10 business days, or opt to not file a counter-notification, we will delete the infringing post and associated material.

Counter-notification

A counter-notification is a statement, under the provisions of Title 17 U.S. Code § 512(g)(3), that you do not believe your content infringes on another person’s rights, or that your use of another person’s copyrighted material falls into one of the protected categories under law.

By filing a counter-notification, you are indicating that you are willing to defend your use of the material in court, if the copyright owner chooses to bring a lawsuit against you for your use of the material. This may involve civil and/or criminal penalties.

We strongly suggest you contact an intellectual property lawyer licensed to practice law in your jurisdiction before you do this, so that you are aware of your rights and obligations under the law.

There are groups that may help you understand your rights and obligations, including the Chilling Effects Clearinghouse, the Electronic Frontier Foundation, and the Organization for Transformative Works. We are not affiliated with any of these organizations, and they may not be able to help you, but their mission and mandate involves educating people about their rights and obligations under intellectual property law.

A counter-notification must contain the following items:

• Your signature.
  • Signatures may be a physical signature or a digital signature. A digital signature may be a digital representation of a physical signature, or an electronically signed document (such as DocuSign).
• The URL of your profile, post, or image that has been called into question.
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  • This should include any reasons why you believe your use of the material is not infringing.
• Your name, address, and telephone number.
• A statement that you consent to the jurisdiction of the Federal District Court where you reside, or (if you live outside the United States) that you consent to the jurisdiction of Federal District Court where CyberFurz LLC is located (currently Richmond, Virginia).
• A statement that you will accept service of process from the person who provided notification of infringement, or that person’s designated agent.

Your counter-notification will be provided, in its entirety, to the person who provided notification of alleged infringement.

Restoration process

When we receive a counter-notification, we will forward it to the person who made the original notification of alleged infringement. From that point, the original notifier has 10 business days after receiving the counter-notification to file an action in court, seeking an injunction against the use of that material.

If you provided us with notification of infringement, and the user of our service has chosen to file a counter-notification, you must inform us that you have filed court action no more than 14 days after we forward the counter-notification to you. If you do not, we will re-enable access to the allegedly infringing material no less than 10 days, and no more than 14 days, after we forward the counter-notification.

If you have received a notification of infringement, and you have provided us with a counter-notification, we will re-enable access to the allegedly infringing material, or let you know that you can re-post the allegedly infringing material, no less than 10 days, and no more than 14 days, after we have forwarded your counter-notification to the original notifier.

If you have filed a counter-notification, you can not re-upload or re-post the allegedly infringing material until we notify you that the waiting period has expired. If you do, we will be forced to freeze or suspend your account.

Repeat offenders

US law requires us to disable the accounts of repeat offenders of others’ copyright. What constitutes a repeat offender is not defined by law.

We currently define a repeat offender as anyone who has received three valid notifications of copyright infringement. Instances where you have filed a counter-notification, or instances where you have indicated that you do not accept the allegation of copyright infringement but do not wish to file a counter-notification, will not count against your account for the purposes of determining ‘repeat offender’ status.

We reserve the right to terminate the accounts of those who, in our opinion, misuse or abuse the DMCA notification or counter-notification process.

We also reserve the right to alter the definition of ‘repeat offender’ in the future, at our sole discretion.

Acknowledgements

This DMCA / copyright Policy is based on PawbSocial DMCA Policy by Crashdoom

The DMCA / copyright policy is based on the Dreamwidth DMCA Policy by Dreamwidth Studios, LLC.

License

The DMCA / copyright policy is separately available for reuse under the Creative Commons Attribution-ShareAlike 2.5 license.