SiteX DMCA Safe Harbor Policy
Copyright complaint and counter-notice procedures.
1. INTRODUCTION
This DMCA Policy is provided by Sitex LLC, a South Carolina limited liability company doing business as SiteX ("Company," "we," "us," "our"). It explains how to submit notices of claimed copyright infringement and counter-notices under the Digital Millennium Copyright Act (17 U.S.C. § 512). This Policy addresses claims of copyright infringement only. Conduct that violates a contract or license but does not constitute copyright infringement — including violations of the Terms of Use, the End User License Agreement ("EULA"), the Acceptable Use Policy, or any applicable third-party data-provider restriction — is handled under those agreements and not through this Policy. Capitalized terms not defined herein have the meanings given in the Terms of Use and Legal Glossary.
Sitex LLC owns the SiteX trademarks and service marks. Sitex Technologies LLC, a South Carolina limited liability company, owns the SiteX patents and pending patent applications, and licenses such patents to the Company. Except where the context expressly refers to Sitex Technologies LLC’s intellectual property rights or status as licensor, references in this DMCA Policy to the "Company," "we," "us," or "our" refer to Sitex LLC.
2. DESIGNATED DMCA AGENT
Name: DMCA Compliance, Sitex LLC
Email: privacy@sitexready.com
Address: PO Box 93, Otto, NC 28763
Phone: (864) 416-1195
U.S. Copyright Office Registration: DMCA-1069273
This contact is for notices of claimed copyright infringement under the DMCA only. Please do not send general inquiries, support requests, or other legal notices to this address.
3. NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner, or someone authorized to act on behalf of a copyright owner, and you believe that material available through the Service infringes your copyright, you may submit a written DMCA Notice to the Designated Agent above. To be effective under 17 U.S.C. § 512(c)(3), the Notice must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit the Company to locate it;
- Your contact information;
- 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;
- A statement, made under penalty of perjury, that the information in the Notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.
4. FORMAT & DELIVERY OF NOTICES
Send your Notice to privacy@sitexready.com with the subject line "DMCA NOTICE." A Notice that does not substantially comply with 17 U.S.C. § 512(c)(3) may not be effective. If a Notice substantially complies with 17 U.S.C. § 512(c)(3)(A)(ii), (iii), and (iv) but is missing another required element, the Company will promptly attempt to contact the sender or take other reasonable steps to assist the sender in submitting a Notice that substantially complies with all applicable requirements.
5. REMOVAL PROCEDURE
Upon receipt of a valid Notice, the Company will:
- Act expeditiously to remove or disable access to the material claimed to be infringing;
- Take reasonable steps to promptly notify the affected user that the material has been removed or access to it has been disabled.
6. COUNTER-NOTICE PROCEDURE
If removed in error, submit a Counter-Notice including:
- Your physical or electronic signature;
- Identification of the removed material and prior location;
- A statement, made 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 to be removed or disabled;
- Your name, address, and telephone number; and
- Consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which the Company may be found), and a statement that you will accept service of process from the person who provided the original notification or an agent of such person.
7. RESTORATION OF CONTENT
Upon receipt of a valid Counter-Notice, the Company will promptly provide the person who submitted the original Notice with a copy of the Counter-Notice and inform that person that the Company will replace the removed material or cease disabling access to it in ten (10) business days.
Following receipt of a valid Counter-Notice, the Company will replace the removed material and cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter-Notice, unless the Company first receives notice from the person who submitted the original notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material, all as set forth in 17 U.S.C. § 512(g). Restoration under this Section addresses only the DMCA process. If the Company has independent grounds under the Terms of Use, the EULA, or the Acceptable Use Policy to restrict access to particular material, it may continue to do so even where the material would otherwise be restored under the counter-notice process; any such restriction is separate from, and not governed by, this Policy.
8. REPEAT INFRINGER POLICY
The Company has adopted and reasonably implements a policy of terminating, in appropriate circumstances, the accounts of subscribers and account holders who are repeat copyright infringers, as contemplated by 17 U.S.C. § 512(i). Separately, conduct that violates the Terms of Use, the EULA, the Acceptable Use Policy, or any applicable third-party data-provider restriction — including unauthorized extraction, copying, redistribution, or removal of attribution — may result in suspension or termination of access under those agreements, whether or not the conduct also constitutes copyright infringement.
9. NO LEGAL ADVICE
This Policy is provided for informational purposes only and does not constitute legal advice. Consult qualified counsel for specific advice regarding copyright or licensing obligations.
10. CROSS-DOCUMENT REFERENCES
This DMCA Policy should be read together with the Terms of Use, the End User License Agreement (EULA), and the Privacy Policy. For users and account holders who are bound by the Terms of Use, the limitation of liability, indemnification, and dispute-resolution provisions of the Terms of Use (including any arbitration and class-action-waiver provisions) apply to claims arising in connection with their use of the Service. Nothing in this Policy requires a copyright owner or other person who is not otherwise a party to the Terms of Use to agree to those provisions as a condition of submitting a notice or counter-notice; the rights and obligations of such persons in connection with a notice or counter-notice are governed by 17 U.S.C. § 512. In the event of a conflict between this Policy and the Terms of Use regarding a user's use of the Service, the Terms of Use govern as to liability and enforcement, and the Privacy Policy governs as to the handling of personal information.
11. SEVERABILITY
If any provision of this DMCA Policy is found to be unlawful, void, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Policy. The remaining provisions shall remain in full force and effect.
12. SURVIVAL
The following provisions shall survive termination or expiration of this DMCA Policy and any user account: Section 8 (Repeat Infringer Policy), Section 9 (No Legal Advice), Section 10 (Cross-Document References), Section 11 (Severability), and this Section 12 (Survival), as well as any other provisions that by their nature should survive.
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